Assignment; Subcontractors. This Agreement and all of the provisions hereof shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns (including by operation of law), but neither this Agreement nor any of the rights, interests or obligations hereunder shall be assigned by any Party, whether by operation of law or otherwise, without the prior written consent of the other Party, provided that either Party may collaterally assign its rights under this Agreement to any party providing debt or equity financing to it without the consent of the other Party. Notwithstanding the foregoing sentence, (a) Seller shall be entitled to assign its right, title and interest in and to this Agreement to an Affiliate under common ownership with Seller and (b) Seller shall be entitled to subcontract any of its obligations under this Agreement, provided that such assignment or subcontracting shall not excuse Seller from the obligation to competently perform any subcontracted obligations or to remain qualified as a QFCP.
Appears in 6 contracts
Samples: Master Energy Server Purchase Agreement, Master Energy Server Purchase Agreement (Bloom Energy Corp), Master Energy Server Purchase Agreement (Bloom Energy Corp)
