By Shipper. In the event that any of said above referenced materials are discovered on said property, each Party shall immediately notify the other Party of the discovery and existence of said materials. In the event of either Party’s breach of the representations contained in this section, the full responsibility for the handling, remediation, treatment, storage or disposal of any such hazardous substance, petroleum or petroleum product, asbestos material, PCBs or solid waste discovered on said property, including the handling of such materials in compliance with all environmental laws including federal, state and local laws, rules and regulations, shall remain with such Party and such Party shall indemnify, defend and hold harmless the other Party, its Affiliates, and its and their respective employees, officers, directors, members, managers, partners, agents and representatives from all Losses, fines, penalties or compliance orders issued by any Governmental Authority relating to pollution or protection of the environment including without limitation laws and regulations relating to emissions, discharges, releases or threatened releases of chemicals, pollutants, contaminants, waste petroleum, toxic substances and hazardous substances occurring on said property.
By Shipper. Notwithstanding the provisions of Section 8.1, Shipper may assign all, but not less than all, of its rights and obligations under this Agreement to an Affiliate concurrently with assignment to the same Affiliate of all of its rights and obligations under the TSA, provided however, Shipper shall not be released of its obligations under this Agreement, unless: (i) prior to such assignment such Affiliate enters into an agreement directly with the Transporter under this Agreement under which such Affiliate agrees to assume, perform and observe the Shipper’s obligations under this Agreement; (ii) such Affiliate is at least equal to the creditworthiness of the Shipper, in Transporter’s reasonable determination; and (iii) any Credit Support or Guarantee currently provided by or on behalf of the Shipper is also provided by or on behalf of such Affiliate.
By Shipper. Shipper shall have the right to assign its rights and obligations, or parts thereof, under this XXXX to a Firm Shipper subject to:
By Shipper. Shipper shall have the right to assign its rights and obligations, or parts thereof, under this Transportation Service Agreement subject to:
By Shipper. The Shipper shall have the right to assign its rights and obligations, or parts thereof, under this Agreement subject to the prior written consent of the Carrier, which consent shall not be unreasonably withheld; provided that it shall be reasonable for the Carrier to withhold consent to assignment if the Carrier is not satisfied with the creditworthiness of the proposed assignee, having regard to the criteria for the provision of financial assurances set forth in the Rules and Regulations.
By Shipper. Shipper may not assign its rights and obligations, or any part thereof, under this Interruptible Transportation Service Agreement.
By Shipper. Shipper shall not be entitled to assign or transfer Shipper’s rights and obligations with respect to all or any portion of the Minimum Volume Commitment without the prior written consent of Carrier, which consent shall not be unreasonably withheld, conditioned or delayed. Carrier shall, without limitation, be deemed reasonable in refusing its consent to an assignment if the assignee or transferee fails to satisfy Carrier’s credit requirements as set forth in the Joint Tariff and this Agreement, does not assume in writing Shipper’s obligations under this Agreement or if a Shipper Default has occurred and is continuing. Any purported assignment in violation of this Section 13(a) shall be null and void.
