Common use of Assignment by Operator Clause in Contracts

Assignment by Operator. Operator shall not sell, transfer or assign (collectively, an “Assignment”) the Agreement or any interest therein, without the prior written consent of Subscriber, which shall not be unreasonably withheld, conditioned or delayed; provided, however, that, without the prior consent of Subscriber, Operator may (i) assign this Agreement to an Affiliate of Operator; or (ii) assign this Agreement as collateral security in connection with any financing of the System (including pursuant to a sale-leaseback transaction). In the event that Operator identifies such secured Financing Party in Schedule 5 of the applicable Special Conditions, or in a subsequent notice to Subscriber, then Subscriber shall comply with the provisions set forth in Exhibit B of these General Terms and Conditions. Any Financing Party shall be an intended third-party beneficiary of this Section 13.1. Any assignment by Operator without any required prior written consent of Subscriber shall not release Subscriber of its obligations hereunder.