Successor Servicing. The Parties further acknowledge that in connection with any construction or long term financing or other credit support provided to Seller or its affiliates by Financing Parties, that such Financing Parties may require that Seller or its affiliates appoint a third party to act as backup or successor provider of operation and maintenance services with respect to the System and/or administrative services with respect to this Agreement (the “Successor Provider”). Purchaser agrees to accept performance from any Successor Provider so appointed so long as such Successor Provider performs in accordance with the terms of this Agreement.
Successor Servicing. The Parties further acknowledge that in connection with any construction or long term financing or other credit support provided to Lessor or its affiliates by Financing Parties, that such Financing Parties may require that Lessor or its affiliates appoint a third party to act as backup or successor provider of operation and maintenance services with respect to the System and/or administrative services with respect to this Agreement (the “Successor Provider”). Lessee agrees to accept performance from any Successor Provider so appointed so long as such Successor Provider performs in accordance with the terms of this Agreement.
Successor Servicing. The Parties acknowledge that in connection with any construction or long term financing or other credit support provided to Project Company or its affiliates by a Lender, such Lender may require that Project Company or its affiliates appoint a third party to act as backup or successor provider of operation and maintenance services with respect to the Solar Facilities and/or administrative services with respect to this Lease (the “Successor Provider”). Xxxxxxxx agrees to accept performance from any Successor Provider so appointed so long as (a) Landlord consents to such Successor Provider, which consent shall not be unreasonably withheld, and (2) the Successor Provider agrees to perform in accordance with the terms of this Lease.
Successor Servicing. With fifteen (15) business days prior written notice from Client or Client’s designated indenture trustee (the “Transfer Notice”), PFSC shall service the Client Portfolio; It is hereby acknowledged and agreed that, notwithstanding the delivery of a Transfer Notice, PFSC shall not be obliged to complete the transfer of servicing and assume the role of successor servicer for so long as Client or any other person fails to provide access to its facilities or items and information necessary to begin servicing the receivables in the Client Portfolio or PFSC’s ability to take on such servicing role is otherwise frustrated in a continuing and material manner. Notwithstanding anything contained herein or in any documents or agreements to the contrary, the delivery of a Transfer Notice in connection with the appointment of PFSC as successor servicer is subject to the understanding that (i) PFSC shall have no obligation of Client in any other capacity (including without limitation in its individual capacity) and (ii) PFSC’s obligations as successor servicer shall be solely as set forth in this Agreement and PFSC as successor servicer shall have no duties or obligations under any other documents or agreements. Additionally, Client agrees to use commercially reasonable efforts to reasonably cooperate with PFSC in connection with PFSC’s performance of its obligations hereunder, including without limitation, during any transition, if applicable, from backup servicer to successor servicer. In the event that a Transfer Notice is delivered, it is hereby agreed that unless and until the transfer of servicing to PFSC is completed, Client shall continue to perform all servicing functions to the extent not being performed by PFSC.
Successor Servicing. With five (5) business days prior written notice from Client or Client’s designated indenture trustee, PFSC shall service the Client Portfolio.
Successor Servicing. The Parties further acknowledge that in connection with any construction or long term financing or other credit support provided to Seller or its affiliates by Financing Parties, that such Financing Parties may require that Seller or its affiliates appoint a third party to act as backup or successor provider of operation and maintenance services with respect to the System and/or administrative services with respect to this Agreement (the “Successor Provider”). Purchaser agrees to accept performance from any Successor Provider so appointed, provided, that (i) such Successor Provider performs in accordance with the terms of this Agreement, and (ii) such Successor Provider (x) has comparable experience in operating and maintaining photovoltaic solar systems comparable to the System and providing services comparable to those contemplated by this Agreement and (y) has the financial capability to maintain the System and provide the services contemplated by this Agreement in the manner required by this Agreement.
Successor Servicing. The Parties further acknowledge that in connection with any construction or long term financing or other credit support provided to Service Provider or its affiliates by Financing Parties, that such Financing Parties may require that Service Provider or its affiliates appoint a third party to act as backup or successor provider of operation and maintenance services with respect to All Systems and/or administrative services with respect to this Agreement (the “Successor Provider”). Client agrees to accept performance from any Successor Provider so appointed so long as such Successor Provider performs in accordance with the terms of this Agreement and there is no material reduction in the obligations hereunder owed to Client by Service Provider or such Successor Provider.
Successor Servicing. The Parties further acknowledge that in connection with any construction or long term financing or other credit support provided to Seller or its affiliates by Financing Parties, that such Financing Parties may require that Seller or its affiliates appoint a third party to act as backup or successor provider of operation and maintenance services with respect to the System and/or administrative services with respect to this Agreement (the “Successor Provider”). Purchaser agrees to accept performance from any Successor Provider so appointed so long as such Successor Provider (i) has adequate experience, fitness and expertise (in Purchaser’s reasonable judgment) in designing, constructing, installing, operating and maintaining solar electric generating systems similar to the System, or has employed or entered into a contract with reputable third parties with comparable experience , fitness and expertise in connection with the operation and maintenance of the System; and (ii) has (in Purchaser’s reasonable judgment) the financial capability (including insurance) to maintain the System in the manner required by this AGREEMENT.
