Common use of Consent Requirements Clause in Contracts

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