Transfer Agreements Requiring Consent. 5 (a) Tamarack may enter into a written agreement (“Transfer 6 Agreement”) to transfer or assign all or any portion of Tamarack's interests, rights, 7 obligations and responsibilities under this Agreement, including the MPR Permit and the Subsequent Actions, and to release Tamarack from its obligations and responsibilities pursuant to this Agreement, and the MPR Permit and Subsequent Actions, but only after 11 obtaining written consent from the County as described in his section, unless such transfer 12 falls within those types of transfers not requiring consent pursuant to Section 9.3 below. including the MPR Permit and Subsequent Actions that pertain to that portion of The Expansion being transferred, provided the transferee expressly assumes such obligations 17 and responsibilities; (ii) transfer to the transferee vested rights to improve that portion of 18 The Expansion being transferred, and (iii) address any other matter deemed by Tamarack 19 or the County to be necessary or appropriate in connection with the transfer or assignment.
Transfer Agreements Requiring Consent. (a) Trendwest may enter into a written agreement (“Transfer Agreement”) to transfer or assign all or any portion of Trendwest’s interests, rights, obligations and responsibilities under this Agreement, including the MPR Approvals and the Subsequent Actions, and to release Trendwest from its obligations and responsibilities pursuant to this
(i) release Trendwest from obligations under this Agreement, including the MPR Approvals and Subsequent Actions, that pertain to that portion of MountainStar being transferred, provided the transferee expressly assumes such obligations and responsibilities; (ii) transfer to the transferee vested rights to improve that portion of MountainStar being transferred, and (iii) address any other matter deemed by Trendwest or the County to be necessary or appropriate in connection with the transfer or assignment.
(b) Such Transfer Agreement shall not take effect unless and until the County has consented in writing to such transfer. The County’s consent shall not be unreasonably withheld, conditioned, or delayed. To the extent any Transfer Agreement relates to mitigation measures designed to specifically benefit an Affected Jurisdiction or Public Body, the County shall not give its consent to such transfer until it has first consulted with such Affected Jurisdiction or Public Body regarding such transfer. Written notice of the proposed Transfer Agreement shall be mailed, first-class, to the County and any Affected Jurisdiction or Public Body in the matter set forth in Section 9.4 below at least forty-five (45) days in advance of the proposed date of transfer. Failure by the County to respond within forth-five (45) days after receipt of a request made by Trendwest for such consent shall be deemed to be the County’s approval of the Transfer Agreement in question. The County may refuse to give its consent to a Transfer Agreement only if there is a material reason for such refusal, including without limitation, (i) the transferee’s failure to perform under a similar development agreement or (ii) a failure to demonstrate adequate financial capability to perform the obligations proposed to be
(c) Any Transfer Agreement shall be binding on Trendwest, the County and the transferee. Upon approval of a Transfer Agreement by the County, Trendwest shall be released from those obligations and responsibilities assumed by the transferee therein.
(d) Trendwest shall be free from any and all liabilities accruing on or after the date of any assignm...
Transfer Agreements Requiring Consent conveying certain limited rights upon Affected Jurisdictions and Public Bodies, this Agreement is for the benefit of the Parties hereto only and is not intended to benefit any other person or entity, and no person or entity not a party to this Agreement shall have any third-party beneficiary or other rights whatsoever hereunder.
