Common use of Assignment; Subcontractors Clause in Contracts

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 Buyer may (a) collaterally assign its rights under this Agreement to Buyer’s Lenders or any other party providing debt or equity financing to it, and (b) assign its indemnification rights to PPA Customers as set forth in Section 13.3(c), in each case without the consent of Seller. Notwithstanding the foregoing sentence, (x) Seller shall be entitled to assign its right, title and interest in and to this Agreement to an Affiliate under common ownership with Seller with the prior consent of Buyer, and (y) Seller shall be entitled to subcontract any of its obligations under this Agreement without consent, provided that such assignment or subcontracting shall not excuse Seller from the obligation to competently perform any subcontracted obligations or any of its other obligations under the Agreement.

Appears in 3 contracts

Samples: Purchase, Use and Maintenance Agreement (Bloom Energy Corp), Purchase, Use and Maintenance Agreement (Bloom Energy Corp), Purchase, Use and Maintenance Agreement (Bloom Energy Corp)

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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 Buyer may (a) collaterally assign its rights under this Agreement to Buyer’s Lenders or any other party providing debt or equity financing to it, and (b) assign its indemnification rights to PPA Customers as set forth in Section 13.3(c), in each case it without the consent of Seller. Notwithstanding the foregoing sentence, (xa) Seller shall be entitled to assign its right, title and interest in and to this Agreement to an Affiliate under common ownership with Seller with the prior consent of Buyer, and (yb) Seller shall be entitled to subcontract any of its obligations under this Agreement without consent, provided that such assignment or subcontracting shall not excuse Seller from the obligation to competently perform any subcontracted obligations or any of its other obligations under the Agreement.

Appears in 3 contracts

Samples: Master Energy Server Purchase (Bloom Energy Corp), Master Energy Server Purchase (Bloom Energy Corp), Purchase, Use and Maintenance Agreement (Bloom Energy Corp)

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 Buyer may (a) collaterally assign its rights under this Agreement to Buyer’s Lenders or any other party providing debt or equity financing to it, and (b) assign its indemnification rights to PPA Customers as set forth in Section 13.3(c), in each case it without the consent of Seller. Notwithstanding the foregoing sentence, (xa) Seller shall be entitled to assign its right, title and interest in and to this Agreement to an Affiliate under common ownership with Seller with the prior consent of Buyer, and (yb) Seller shall be entitled to subcontract any of its obligations under this Agreement without consent, provided that such assignment or subcontracting shall not excuse Seller from the obligation to competently perform any subcontracted obligations or any of its other obligations under the Agreement.. [***] Confidential Treatment Requested

Appears in 2 contracts

Samples: Master Energy Server Purchase Agreement (Bloom Energy Corp), Master Energy Server Purchase Agreement (Bloom Energy Corp)

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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 [***] Confidential Treatment Requested operation of law or otherwise, without the prior written consent of the other Party, provided that Buyer may (a) collaterally assign its rights under this Agreement to Buyer’s Lenders or any other party providing debt or equity financing to it, and (b) assign its indemnification rights to PPA Customers as set forth in Section 13.3(c), in each case it without the consent of Seller. Notwithstanding the foregoing sentence, (xa) Seller shall be entitled to assign its right, title and interest in and to this Agreement to an Affiliate under common ownership with Seller with the prior consent of Buyer, and (yb) Seller shall be entitled to subcontract any of its obligations under this Agreement without consent, provided that such assignment or subcontracting shall not excuse Seller from the obligation to competently perform any subcontracted obligations or any of its other obligations under the Agreement.

Appears in 2 contracts

Samples: Purchase, Use and Maintenance Agreement (Bloom Energy Corp), Purchase, Use and Maintenance Agreement (Bloom Energy Corp)

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