Common use of By User Clause in Contracts

By User. (a) Subject to clause 32.2(b)(i), User may assign all of its rights under this Agreement, or an undivided interest in all of its rights under this Agreement, in each case with the prior written consent of ADEWAP (which consent will not be unreasonably withheld). (b) Without limiting the generality of clause 32.2(a), ADEWAP will be entitled to withhold its consent if: (i) User is in default of this Agreement (and the default has not been waived by ADEWAP); or (ii) ADEWAP is not reasonably satisfied as to the ability of the assignee to meet all of the obligations of User under this Agreement. (c) An assignment by User will be conditional upon, and will not be binding until: (i) the execution by the assignee of a deed of covenant in favour of ADEWAP agreeing to be bound by this Agreement which deed must be in a form reasonably acceptable to ADEWAP; and (ii) the reimbursement by the assignee of ADEWAP's costs (including legal costs) reasonably incurred in assessing whether the assignee will be able to meet all of the obligations of User under this Agreement and in connection with its review and negotiation of the deed of covenant referred to in clause 32.2(c)(i). (d) Where User has made an assignment under clause 32.2(a), User will be released from its obligations under this Agreement (other than accrued obligations) to the extent of the assignment and as from the date of assignment.

Appears in 4 contracts

Samples: Reference Service Agreement, Reference Service Agreement, Reference Service Agreement

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By User. (a) Subject to clause 32.2(b)(i), User may assign all of its rights under this Agreement, or an undivided interest in all of its rights under this Agreement, in each case with the prior written consent of ADEWAP APA DEWAP (which consent will not be unreasonably withheld). (b) Without limiting the generality of clause 32.2(a), ADEWAP APA DEWAP will be entitled to withhold its consent if: (i) User is in default of this Agreement (and the default has not been waived by ADEWAPAPA DEWAP); or (ii) ADEWAP APA DEWAP is not reasonably satisfied as to the ability of the assignee to meet all of the obligations of User under this Agreement. (c) An assignment by User will be conditional upon, and will not be binding until: (i) the execution by the assignee of a deed of covenant in favour of ADEWAP APA DEWAP agreeing to be bound by this Agreement which deed must be in a form reasonably acceptable to ADEWAPAPA DEWAP; and (ii) the reimbursement by the assignee of ADEWAP's APA DEWAP’s costs (including legal costs) reasonably incurred in assessing whether the assignee will be able to meet all of the obligations of User under this Agreement and in connection with its review and negotiation of the deed of covenant referred to in clause 32.2(c)(i). (d) Where User has made an assignment under clause 32.2(a), User will be released from its obligations under this Agreement (other than accrued obligations) to the extent of the assignment and as from the date of assignment.

Appears in 1 contract

Samples: Reference Service Electricity Transfer Access Contract

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