Common use of Consent Requirements Clause in Contracts

Consent Requirements. If Contractor requests Authority’s consideration of and 11 consent to an assignment, Authority may deny or approve such request in its 12 complete discretion. No request by Contractor for consent to an assignment need be 13 considered by Authority unless and until Contractor has met the following 14 requirements: 15 1) Contractor shall pay Authority its reasonable expenses for attorneys’ fees 16 and investigation costs necessary to investigate the suitability of any 17 proposed assignee, and to review and finalize any documentation 18 required as a condition for approving any such assignment; 19 2) Contractor shall furnish Authority with audited financial statements of the 20 proposed assignee’s operations for the immediately preceding three (3) 21 operating years; 22 3) Contractor shall furnish Authority with satisfactory proof: (i) that the 23 proposed assignee has at least ten (10) years of solid waste/recycling 24 management experience on a scale equal to or exceeding the scale of 25 operations conducted by Contractor under this Agreement; (ii) that in the 26 last five (5) years, the proposed assignee has not been the subject of any 27 administrative or judicial proceedings initiated by a federal, state or local 28 agency having jurisdiction over its operations due to an alleged failure to 29 comply with federal, state or local laws or that the proposed assignee has 30 provided Authority with a complete list of such proceedings and their 31 status; (iii) that the proposed assignee conducts its operations in a safe 32 and environmentally conscientious manner, in accordance with sound 33 waste management practices in full compliance with all federal, state and 34 local laws regulating the handling and transfer of waste and recyclable 35 materials and all Environmental Laws; (iv) of any other information 36 required by Authority to ensure the proposed assignee can fulfill the terms 37 of this Agreement in a timely, safe and effective manner.

Consent Requirements. If the Contractor requests Authoritythe County’s consideration of and 11 consent to an assignment, Authority County may deny or approve such request in its 12 complete discretionrequest. No request by the Contractor for consent to an assignment need be 13 considered by Authority County unless and until the Contractor has met the following 14 requirements: 15 1) . The Contractor shall pay Authority the County its reasonable expenses for attorneys’ fees 16 and investigation costs necessary to investigate the suitability of any 17 proposed assignment and assignee, and to review and finalize any documentation 18 required as a condition for approving any such assignment;; and 19 2) . The Contractor shall furnish Authority the County with audited financial statements of the 20 proposed assignee’s operations for the immediately preceding three (3) 21 operating years;; and 22 3) . The Contractor shall furnish Authority the County with satisfactory proof: (i) that the 23 proposed assignee has at least ten (10) years of solid waste/Solid Waste and recycling 24 management experience on a scale equal of operations similar to or exceeding the scale of 25 operations conducted by Contractor those required under this Franchise Agreement; (ii) that in the 26 last five (5) years, the proposed assignee has not been the subject of any 27 administrative or judicial proceedings initiated by a federal, state or local 28 agency Agency having jurisdiction over its operations due to an alleged failure to 29 comply with federal, state or local laws or that the proposed assignee has 30 provided Authority County with a complete list of such proceedings and their 31 status; (iii) that the proposed assignee conducts its operations in a safe 32 and environmentally conscientious manner, in accordance with sound 33 waste management practices in full compliance with all federal, state and 34 local laws regulating the handling collection and transfer disposal of waste and recyclable 35 materials and all Environmental other Applicable Laws; (iv) of any other information 36 required by Authority County to ensure the proposed assignee can fulfill the terms 37 of this Franchise Agreement in a timely, safe and effective manner. The County shall not unreasonably withhold its consent to assign the Franchise Agreement if the above requirements are met.

Consent Requirements. If Contractor requests AuthoritySBWMA’s consideration of and 11 13 consent to an assignment, Authority SBWMA may deny or approve such request in its 12 14 complete discretion. No request by Contractor for consent to an assignment need 15 be 13 considered by Authority SBWMA unless and until Contractor has met the following 14 16 requirements: 15 17 1) . Contractor shall pay Authority SBWMA its reasonable expenses for attorneys’ fees 16 and 18 investigation costs necessary to investigate the suitability of any 17 proposed 19 assignee, and to review and finalize any documentation 18 required as a condition 20 for approving any such assignment; 19 21 2) . Contractor shall furnish Authority SBWMA with audited financial statements of the 20 22 proposed assignee’s operations for the immediately preceding three (3) 21 23 operating years; 22 24 3) . Contractor shall furnish Authority SBWMA with satisfactory proof: (i) that the 23 proposed 25 assignee has at least ten (10) years of solid waste/recycling 24 management 26 experience on a scale equal to or exceeding the scale of 25 operations conducted 27 by Contractor under this Agreement; (ii) that in the 26 last five (5) years, the 28 proposed assignee has not been the subject of any 27 administrative or judicial 29 proceedings initiated by a federal, state or local 28 agency SBWMA having jurisdiction 30 over its operations due to an alleged failure to 29 comply with federal, state or 31 local laws or that the proposed assignee has 30 provided Authority SBWMA with a 32 complete list of such proceedings and their 31 status; (iii) that the proposed 33 assignee conducts its operations in a safe 32 and environmentally conscientious 34 manner, in accordance with sound 33 waste management practices in full 35 compliance with all federal, state and 34 local laws regulating the handling and 36 transfer of waste and recyclable 35 materials and all Environmental Laws; (iv) of 37 any other information 36 required by Authority SBWMA to ensure the proposed assignee 38 can fulfill the terms 37 of this Agreement in a timely, safe and effective manner.