Lease of Partner's Project. Any Partner or Partner Affiliate may lease its interest in a Project under a lease and related documents (collectively, a "Lease") pursuant to which such Partner's or such Partner Affiliate's lessee agrees, among other things, to operate the Project (or interest therein) in a manner such that the Project will retain its character as a Qualifying Facility, and to assume and discharge all of the Partner's monetary obligations under this Amended Agreement. Such Partner, or such Partner Affiliate, shall, and shall be entitled to, grant to the lessee pursuant to such Lease a license to utilize such Partner's interest in the Transmission Line for the Project (or interest therein) subject to the Lease and to assign its obligations under the Management and Maintenance Agreement, its Fee Agreement and its Technical Use Agreement, for a term coextensive with the term of the Lease. During the term of any such Lease, the other Partners and the Partnership shall look to the lessee for the payment and discharge of such Partner's monetary obligations which have been assumed by such lessee. A Partner shall give prompt written notice to the Partnership and the Manager of the and expiration or earlier termination of any Lease. The Partnership shall give prompt written notice to the affected Partner if any lessee defaults in the payment and discharge of any assumed obligation, and such Partner shall not be considered in default of such obligations hereunder if such default is cured within sixty (60) days of receipt of such notice from the Partnership. No such lease, or any license granted or assumption of obligations contained therein, shall constitute a transfer of any interest in the Partnership, not of any right, title or interest of the Partner in any assets of the Partnership or under this Amended Agreement, other than the license to the use of the Transmission Line referred to above.
Appears in 2 contracts
Samples: Ownership Partnership Agreement (Zond Windsystem Partners LTD Series 85-B), Ownership Partnership Agreement (Zond Windsystem Partners LTD Series 85-A)
Lease of Partner's Project. Any Partner or Partner Affiliate may lease its interest in a Project under a lease and related documents (collectively, a "Lease") pursuant to which such Partner's or such Partner Affiliate's Affiliates lessee agrees, among other things, to operate the Project (or interest therein) in a manner such that the Project will retain its character as a Qualifying Facility, and to assume and discharge all of the Partner's monetary obligations under this Amended Agreement, its Fee Agreement and its Technical Use Agreement. Such Partner, Partner or such Partner Affiliate, Affiliate shall, and shall be entitled to, grant to the lessee pursuant to such Lease a license to utilize such Partner's interest in right to use the Transmission Line for the Project (or interest therein) subject to the Lease and to assign its obligations under the Management and Maintenance this Agreement, its Fee Agreement and its Technical Use Agreement, for a term coextensive with the term of the Lease. During the term of any such Lease, the other Partners and the Partnership Manager shall look to the lessee for the payment and discharge of such Partner's monetary obligations which have been assigned to and assumed by such lessee. A Partner partner shall give prompt written notice to the Partnership and the Manager of the making and expiration or earlier termination of any Lease. The Partnership Manager shall give prompt written notice to the affected Partner if any lessee defaults in the payment and discharge of any assumed obligation, and such Partner shall not be considered in default of such obligations hereunder if such default is cured within sixty (60) days of receipt of such notice from the Partnership. No such lease, or any license granted or assumption of obligations contained therein, shall constitute a transfer of any interest in the Partnership, not of any right, title or interest of the Partner in any assets of the Partnership or under this Amended Agreement, other than the license to the use of the Transmission Line referred to aboveManager.
Appears in 2 contracts
Samples: Management and Maintenance Agreement (Zond Windsystem Partners LTD Series 85-B), Management and Maintenance Agreement (Zond Windsystem Partners LTD Series 85-A)