Common use of Assignment by Subscriber Clause in Contracts

Assignment by Subscriber. (a) Subscriber shall not assign this Agreement or any interest herein, without the prior written consent of Operator; provided however that Operator shall not unreasonably withhold, condition or delay its consent for Subscriber to change the Service Address for which the ▇▇▇▇ Credits will apply to another Service Address. (b) Subscriber’s request for Operator’s consent to any proposed change or assignment as contemplated in Section 13.3(a) shall be in in writing and furnished to Operator at least thirty (30) days prior to the proposed effective date of such change or assignment, which request must include: (i) Subscriber's name and mailing address; (ii) the current Service Address; (iii) the new Service Address (if applicable); (iv) the name of the individual or entity to whom Subscriber is requesting to assign this Agreement (if applicable) and the consideration (if any) proposed to be provided to Subscriber for such assignment; and (v) the proposed effective date of such proposed change or assignment. In the case of any assignment of this Agreement in whole or in part to another individual or entity, (i) such assignee's Service Address shall be located within NSP’s service 16-10992-smb Doc 2372-1 Filed 02/01/17 Entered 02/01/17 12:04:38 Exhibit A Pg 90 of 175 D-12 4838-0620-7038.4 territory and within the same county as the Solar System or a contiguous county, (ii) such assignee shall execute a new Minnesota Community Solar Program Subscription Agreement substantially in the same form as this Agreement, specifically including the representations and warranties in Section 8.2; and (iii) the value of any consideration to be provided to Subscriber for assignment of this Agreement may not exceed the aggregate amount of ▇▇▇▇ Credits that have accrued to Subscriber, but have not yet been applied to Subscriber’s monthly invoice(s) from NSP. (c) Upon any assignment of this Agreement pursuant to this Section 13.3, Subscriber will surrender all right, title and interest in and to this Agreement. Any purported assignment in contravention of this Section 13.3 shall be of no force and effect and null and void ab initio. No assignment will extend the Term of this Agreement.

Appears in 1 contract

Sources: Membership Interest Purchase and Sale Agreement

Assignment by Subscriber. (a) Subscriber shall not assign this Agreement or any interest herein, without the prior written consent of Operator; provided however that Operator shall not unreasonably withhold, condition or delay its consent for Subscriber to change the Service Address for which the ▇▇▇▇ Credits will apply to another Service Address. (b) Subscriber’s request for Operator’s consent to any proposed change or assignment as contemplated in Section 13.3(a) shall be in in writing and furnished to Operator at least thirty (30) days prior to the proposed effective date of such change or assignment, which request must include: (i) Subscriber's name and mailing address; (ii) the current Service Address; (iii) the new Service Address (if applicable); (iv) the name of the individual or entity to whom Subscriber is requesting to assign this Agreement (if applicable) and the consideration (if any) proposed to be provided to Subscriber for such assignment; and (v) the proposed effective date of such proposed change or assignment. In the case of any assignment of this Agreement in whole or in part to another individual or entity, (i) such assignee's Service Address shall be located within NSP’s service 16-10992-smb Doc 2372-1 Filed 02/01/17 Entered 02/01/17 12:04:38 Exhibit A Pg 90 of 175 D-12 4838-0620-7038.4 territory and within the same county as the Solar System or a contiguous county, (ii) such assignee shall execute a new Minnesota Community Solar Program Subscription Agreement substantially in the same form as this Agreement, specifically including the representations and warranties in Section 8.2; and (iii) the value of any consideration to be provided to Subscriber for assignment of this Agreement may not exceed the aggregate amount of ▇▇▇▇ Credits that have accrued to Subscriber, but have not yet been applied to Subscriber’s monthly invoice(s) from NSP. (c) Upon any assignment of this Agreement pursuant to this Section 13.3, Subscriber will surrender all right, title and interest in and to this Agreement. Any purported assignment in contravention of this Section 13.3 shall be of no force and effect and null and void ab initio. No assignment will extend the Term of this Agreement.

Appears in 1 contract

Sources: Minnesota Community Solar Garden Subscription Agreement

Assignment by Subscriber. (a) Subscriber shall will not assign this Agreement or any interest herein, without the prior written consent of Operator; provided however that Operator shall not unreasonably withhold, withhold condition or delay its consent for Subscriber to change the Service Address for which the ▇▇▇▇ Bill Credits will apply to another Service Address. (bc) Subscriber’s request for Operator’s consent to any proposed change or assignment as contemplated in Section 13.3(a12.3(a) shall must be in in writing and furnished provided to Operator at least thirty (30) 30 days prior to before the proposed effective date of such change or assignment, which request must include: (i) Subscriber's name and mailing address; (ii) the current Service Address; (iii) the new Service Address (if applicable); (iv) the name of the individual or entity to whom Subscriber is requesting to assign this Agreement (if applicable) and the consideration (if any) proposed to be provided to Subscriber for such assignment; and (v) the proposed effective date of such proposed change or assignment. In the case of any assignment of this Agreement in whole or in part to another individual or entity, (i) such assignee's Service Address shall be located within NSP’s service 16-10992-smb Doc 2372-1 Filed 02/01/17 Entered 02/01/17 12:04:38 Exhibit A Pg 90 of 175 D-12 4838-0620-7038.4 territory and within the same county as the Solar System or a contiguous county, (ii) such assignee shall be Creditworthy and shall execute a new Minnesota Community Solar Program Subscription Agreement substantially in the same form as this Agreement, specifically including the representations and warranties in Section 8.2; and (iii) the value of any consideration to be provided to Subscriber for assignment of this Agreement may not exceed the aggregate amount of ▇▇▇▇ Bill Credits that have accrued to Subscriber, but have not yet been applied to Subscriber’s monthly invoice(s) from NSP. (c) Upon any assignment of this Agreement pursuant to this Section 13.3, Subscriber will surrender all right, title and interest in and to this Agreement. Any purported assignment in contravention of this Section 13.3 shall be of no force and effect and null and void ab initio. No assignment will extend the Term of this Agreement.

Appears in 1 contract

Sources: Community Solar Garden Subscription Agreement