Assignment by the Customer. (a) Subject to clause 28.3(b), the Customer must not assign any right, title, benefit or interest in, or transfer or novate any obligation duty or liability under, this agreement or otherwise dispose of all or any part of its interest in this agreement without: (i) the Service Provider's prior written consent, such consent not to be unreasonably withheld or delayed; and (ii) the proposed assignee, transferee or novatee: A. having the technical, operational and financial resources to meet the Customer's obligations under this agreement; and B. entering into a deed pursuant to which it agrees to assume, and be bound by and perform, the obligations, duties and liabilities of the Customer under this agreement. (b) The Customer may assign any right, title, benefit or interest in, or transfer or novate any obligation duty or liability under, this agreement or otherwise dispose of all or any part of its interest in this agreement without the Service Provider's consent, if: (i) it has provided the Service Provider with written details of the proposed transferee and the terms and conditions of the proposed transfer; (ii) has the technical, operational and financial resources to meet the Service Provider's obligations under this agreement; and (iii) the proposed transferee has agreed to enter into a deed pursuant to which it agrees to assume and be bound by and perform, the obligations, duties and liabilities of the Customer under the relevant agreements.
Appears in 3 contracts
Sources: Nitrogen Removal Services Agreement, Nitrogen Removal Services Agreement, Nitrogen Removal Services Agreement