Legal succession. (1) Either Party shall be authorised to assign the rights and obligations under this Master Agreement to a third party. The prior consent of the other Party shall be required for any such assignment. Said consent shall be denied only if the third party cannot reliably guarantee that this Master Agreement will be fulfilled or if there is good cause to justify refusing said consent.
(2) If GASCADE assigns the rights and obligations under this Master Agreement to a company affiliated with GASCADE as defined in Section 15 of the Stock Corporation Act (AktG), the Fuel Gas Seller’s consent is not required.
(3) Section (2) of this Article 17 shall apply mutatis mutandis if GASCADE transfers grid operation to a third party.
(4) If the Fuel Gas Seller assigns the rights and obligations under this Master Agreement to a company affiliated with the Fuel Gas Seller as defined in Section 15 of the Stock Corporation Act (AktG) and that fulfils the requirements specified in the Invitation to Tender Conditions, XXXXXXX’s consent is not required.
Legal succession. 1. The Contractual Partner shall be entitled, with the consent of the other Contractual Partner, to assign the entire contractual relationship or singular contracted Storage Capacities according to Appendix A, consisting of Working Gas Capacity, Injection and Withdrawal Rate, with the associated rights and obligations arising from this Agreement to a third party. Consent shall be granted if the third party is reliable and creditworthy, the requirements of number 2 are met and if he accepts as mandatory all duties of the transferring Contractual Partner for himself in respect of the other Contractual Partner.
2. Requirements pursuant to number 1 sentence 2 are a) The third party has sufficient creditworthiness or provides an appropriate security deposit according to Article 10 on request.
Legal succession. If a capacity contract concluded on the basis of these General Terms and Conditions is assigned to a third party, the transmission system operator shall be entitled to require a security deposit from the new system user pursuant to section IV para. 5 to 8.
Legal succession. In cases of legal succession (e.g. where the Lead Partner changes its legal form), the Lead Partner is obliged to transfer all duties under this contract to the legal successor.
Legal succession. (1) Either Party shall be authorised to assign the rights and obligations under this Master Agreement or the individual agreement, including the associated individual orders, to a third party. The consent of the other Party shall be required for any such assignment. Said consent shall be denied only if the third party cannot reliably guarantee that this Master Agreement or the individual agreement, including the associated individual orders, will be fulfilled or if there is good cause to justify refusing said consent.
(2) The consent of the FUEL GAS SELLER shall not be required if GASCADE assigns the rights and obligations under this Master Agreement or the individual agreement, including the associated individual orders, to a company affiliated with GASCADE as defined in Article 15 of the Stock Corporation Act (AktG).
(3) Section (2) of this Article 17 shall apply mutatis mutandis if GASCADE transfers network operation to a third party.
(4) The consent of the GASCADE shall not be required if the FUEL GAS SELLER assigns the rights and obligations under this Master Agreement or the individual agreement, including the associated individual orders, to a company that is affiliated with the FUEL GAS SELLER as defined in Article 15 of the Stock Corporation Act (AktG) and that fulfils the requirements specified in the invitation to tender conditions.
Legal succession. In cases of legal succession of any project beneficiary (e.g. where the Lead Beneficiary changes its legal form), this project beneficiary is obliged to transfer all duties under this contract to its legal successor.
Legal succession. (1) Either Party shall be authorised to assign the rights and obligations under this Master Agreement or the individual agreement, including the associated individual orders, to a third party. The consent of the other Party shall be required for any such assignment. Said consent shall be denied only if the third party cannot reliably guarantee that this Master Agreement or the individual agreement, including the associated individual orders, will be fulfilled or if there is good cause to justify refusing said consent.
(2) The consent of the NATURAL GAS SELLER shall not be required if GASCADE assigns the rights and obligations under this Master Agreement or the individual agreement, including the associated individual orders, to a company affiliated with GASCADE as defined in Article 15 of the Stock Corporation Act (AktG).
(3) Section (2) of this Article 17 shall apply mutatis mutandis if GASCADE transfers network operation to a third party.
(4) The consent of the NATURAL GAS SELLER shall not be required if GASCADE assigns the rights and obligations under this Master Agreement or the individual agreement, including the associated individual orders, to a company affiliated with GASCADE as defined in Article 15 of the Stock Corporation Act (AktG).
Legal succession. A legal succession, even a legal succession by virtue of law, shall be excluded for the rights and obligations under this agreement. The licensee shall (e.g. in the case of a business takeover) explicitly point this regulation out to its legal successor.
Legal succession. 22.1. The rights and duties arising here from may be transferred to a third party with the consent of the other contractual party. The consent may not be rejected, if the third party provides a guarantee that it is able to meet the obligations arising here from.
22.2. Such consent is, in exceptional cases, not required when rights and duties are transferred to an associated company of the relating contractual parties, as defined in German law: Aktiengesetz [AktG] §§ 15 et seq. AktG (German Stock Corporation Act). In case of universal succession, in particular according to the German law: Umwandlungsrecht [UmwG] (Reorganization Act) the legal provisions shall apply instead of the provisions above.
22.3. The contractual parties shall be entitled to entrust third parties with the performance of individual tasks arising here from.
Legal succession. If industrial property rights are licensed under this Agreement, the contracting party issuing the licence shall ensure that, in the event of assignment of the industrial property right underlying the licence, the encumbrances under this licence are also assumed by the assignee.
