Assignments by Developer. The rights, duties and obligations hereunder of the Developer may not be assigned, in whole or in part, to another entity, without the prior approval of the City's governing body, in its sole discretion, following verification by the City Attorney that the assignment complies with the terms of this Agreement. Any proposed assignee shall have qualifications, experience and financial responsibility, as reasonably determined by the City, necessary and adequate to fulfill the obligations of the Developer with respect to the portion of the Property and/or this Agreement being transferred. Any proposed assignee shall, by instrument in writing, for itself and its successors and assigns, and expressly for the benefit of the City, assume all of the obligations of the Developer under this Agreement and agree to be subject to all the conditions and restrictions to which the Developer is subject (or, in the event the transfer is of or relates to a portion of the Property, such obligations, conditions and restrictions to the extent that they relate to such portion). The Developer shall not be relieved from any obligations set forth herein unless and until the City specifically agrees to release the Developer. The Developer agrees, at Developer’s cost, to promptly record all assignments in the office of the Department of Records and Tax Administration of Xxxxxxx County, Kansas, in a timely manner following the execution of such agreements.
Assignments by Developer. The rights, duties and obligations hereunder of the Developer may not be assigned, in whole or in part, to another entity, without the prior approval of the City's governing body, which approval may be granted or withheld in its sole discretion based upon the governing body's findings about whether or not the proposed assignee shall have the commercially reasonable qualifications, experience and financial responsibility which are necessary and adequate to fulfill the obligations of the Developer with respect to the portion of the Project and/or this Agreement being transferred. The City hereby understands and agrees that any approval of the City's governing body pursuant to the prior sentence shall release Developer from the obligations set forth in this Agreement. Any proposed assignee shall, by instrument in writing, for itself and its successors and assigns, and expressly for the benefit of the City, assume all of the obligations of the Developer under this Agreement and agree to be subject to all the conditions and restrictions to which the Developer is subject (or, in the event the transfer is of or relates to a portion of the Project, such obligations, conditions and restrictions to the extent that they relate to such portion). The Developer agrees, at Developer’s cost, to promptly record all assignments in the office of the Department of Records and Tax Administration of Xxxxxxx County, Kansas, in a timely manner following the execution of such agreements.
Assignments by Developer. The rights, duties and obligations hereunder of Developer may not be assigned, in whole or in part, to another entity, without the prior approval of the City's governing body, which approval may be granted or withheld in its sole discretion. Any proposed assignee shall, by instrument in writing, for itself and its successors and assigns, and expressly for the benefit of the City, assume all of the obligations of Developer under this Agreement and agree to be subject to all the conditions and restrictions to which Developer is subject (or, in the event the transfer is of or relates to only a portion of the Project, then such obligations, conditions and restrictions to the extent that they relate to such portion). Developer (and any guarantor of Developer) shall not be relieved from any obligations set forth herein unless and until the City specifically agrees to release Developer (and/or any guarantor of Developer). Developer agrees, at Developer’s cost, to promptly record all assignments in the office of the Department of Records and Tax Administration of Xxxxxxx County, Kansas, in a timely manner following the execution of such agreements.
Assignments by Developer. (a) Prior to Final Completion of each Phase of the Project, Developer may not assign Developer's rights, duties, or obligations under this Agreement, in whole or in part, to another person or entity, without the prior approval of City, which approval may be granted or withheld in City's sole discretion. After Final Completion of each Phase of the Project, Developer may not assign Developer's rights, duties, or obligations under this Agreement, in whole or in part, to another person or entity, without the prior approval of City; provided, that City's approval shall not be unreasonably withheld, conditioned, or delayed, so long as the proposed assignee shall have qualifications, experience, and financial responsibility, as reasonably determined by City, necessary and adequate to fulfill the obligations of Developer with respect to the Project and this Agreement.
Assignments by Developer. The Project Site and the rights, duties and obligations hereunder of the Developer may not be conveyed or assigned, in whole or in part, to another entity, without the prior approval of the City's governing body, which approval may not be unreasonably withheld, following verification by the City Attorney that the assignment complies with the terms of this Agreement. Any proposed assignee shall have qualifications and financial responsibility, as reasonably determined by the City, necessary and adequate to fulfill the obligations of the Developer with respect to the portion of the Project and/or this Agreement being transferred. Any proposed assignee shall, by instrument in writing, for itself and its successors and assigns, and expressly for the benefit of the City, assume all of the obligations of the Developer under this Agreement and agree to be subject to all the conditions and restrictions to which the Developer is subject (or, in the event the transfer is of or relates to a portion of the Project, such obligations, conditions and restrictions to the extent that they relate to such portion). The Developer shall not be relieved from any obligations set forth herein unless and until the City specifically agrees to release the Developer. The Developer agrees, at Developer’s cost, to promptly record all assignments in the office of the Department of Records and Tax of Xxxxxxx County, Kansas, in a timely manner following the execution of such agreements.
Assignments by Developer. (a) Prior to Final Completion of Phase 1 of the Project, Developer may not assign Developer's rights, duties, or obligations under this Agreement, in whole or in part, to another person or entity, without the prior approval of City, which approval may be granted or withheld in City's sole discretion; provided, however, City acknowledges and agrees that Developer may assign some or all of its duties and obligations under this Agreement to Xxxxxxxxx/Xxxxxx & Company L.C., Developer's developer. After Final Completion of each Phase of the Project during the Term of the Agreement, Developer may not assign Developer's rights, duties, or obligations under this Agreement, in whole or in part, to another person or entity, without the prior approval of City; provided, that City's approval shall not be unreasonably withheld, conditioned, or delayed, so long as the proposed assignee shall have qualifications, experience, and financial responsibility, as reasonably determined by City, necessary and adequate to fulfill the obligations of Developer with respect to the Project and this Agreement; provided, further, that the Developer is permitted to transfer to affiliates without the City's prior approval.
