Common use of SCOPE OF ASSIGNMENT Clause in Contracts

SCOPE OF ASSIGNMENT. Owner assigns all its rights, title, and interest, and delegates Owner’s obligations, responsibilities, and duties, in and to the Certification Agreement, to Assignee. Assignee accepts this assignment and agrees to perform these obligations, responsibilities, and duties. GBCI will recognize Assignee as Owner’s successor in interest to the Certification Agreement, and GBCI and Assignee shall be bound by the terms of the Certification Agreement in every way as if Assignee was named in the Certification Agreement. In consideration of GBCI accepting this Assignment, Owner agrees to discharge and release GBCI from any and all obligations to Owner, and waives any and all rights and/or claims it may have against GBCI effective as of GBCI’s acceptance of this Assignment. Without limiting the foregoing, Assignee acknowledges that all submissions and representations made by Owner in the Application, including without limitation, those made on Owner’s behalf, shall, as between Assignee and GBCI, be deemed the submissions and representations of Assignee, and all access to the Application and the Project Information contained therein shall be terminated with respect to Owner and transferred to Assignee. Regardless of anything to the contrary in this Assignment, Owner will continue to be bound the following: Sections 11 through 15 and 18 through 26 of the Certification Agreement, including and without limitation, those clauses obligating Owner to defend and indemnify the GBCI Indemnitees from any and all Claims resulting from Owner’s performance prior to this Assignment, as well as those claims resulting from Assignee’s subsequent performance; provided however, that the GBCI Indemnitees shall make reasonable efforts to first look to the Assignee to satisfy these obligations arising out of Assignee’s performance prior to seeking satisfaction of these obligations from Owner.

SCOPE OF ASSIGNMENT. Owner assigns all its rights, title, and interest, and delegates Owner’s obligations, responsibilities, and duties, in and to the Certification Agreement, to Assignee. Assignee accepts this assignment and agrees to perform these obligations, responsibilities, and duties. GBCI IWBI will recognize Assignee as Owner’s successor in interest to the Certification Agreement, and GBCI IWBI and Assignee shall be bound by the terms of the Certification Agreement in every way as if Assignee was named in the Certification Agreement. In consideration of GBCI IWBI accepting this Assignment, Owner agrees to discharge and release GBCI IWBI from any and all obligations to Owner, and waives any and all rights and/or claims it may have against GBCI IWBI effective as of GBCIIWBI’s acceptance of this Assignment. Without limiting the foregoing, Assignee acknowledges that all submissions and representations made by Owner in the Application, including without limitation, those made on Owner’s behalf, shall, as between Assignee and GBCIIWBI, be deemed the submissions and representations of Assignee, and all access to the Application and the Project and Portfolio Information contained therein shall be terminated with respect to Owner and transferred to Assignee. Regardless of anything to the contrary in this Assignment, Owner will continue to be bound the following: Sections 11 through 15 and 18 through 26 provisions of the Certification AgreementAgreement surviving termination, including and without limitation, those clauses obligating Owner to defend and indemnify the GBCI IWBI Indemnitees from any and all Claims resulting from Owner’s performance prior to this Assignment, as well as those claims resulting from Assignee’s subsequent performance; provided however, that the GBCI IWBI Indemnitees shall make reasonable efforts to first look to the Assignee to satisfy these obligations arising out of Assignee’s performance prior to seeking satisfaction of these obligations from Owner.

SCOPE OF ASSIGNMENT. Owner assigns all its rights, title, and interest, and delegates Owner’s obligations, responsibilities, and duties, in and to the Certification Agreement, to Assignee. Assignee accepts this assignment and agrees to perform these obligations, responsibilities, and duties. GBCI will recognize Assignee as Owner’s successor in interest to the Certification Agreement, and GBCI and Assignee shall be bound by the terms of the Certification Agreement in every way as if Assignee was named in the Certification Agreement. In consideration of GBCI accepting this Assignment, Owner agrees to discharge and release GBCI from any and all obligations to Owner, and waives any and all rights and/or claims it may have against GBCI effective as of GBCI’s acceptance of this Assignment. Without limiting the foregoing, Assignee acknowledges that all submissions and representations made by Owner in the Application, including without limitation, those made on Owner’s behalf, shall, as between Assignee and GBCI, be deemed the submissions and representations of Assignee, and all access to the Application and the Project and Portfolio Information contained therein shall be terminated with respect to Owner and transferred to Assignee. Regardless of anything to the contrary in this Assignment, Owner will continue to be bound the following: Sections 11 through 15 and 18 through 26 of the Certification Agreement, including and without limitation, those clauses obligating Owner to defend and indemnify the GBCI Indemnitees from any and all Claims resulting from Owner’s performance prior to this Assignment, as well as those claims resulting from Assignee’s subsequent performance; provided however, that the GBCI Indemnitees shall make reasonable efforts to first look to the Assignee to satisfy these obligations arising out of Assignee’s performance prior to seeking satisfaction of these obligations from Owner.

SCOPE OF ASSIGNMENT. Owner assigns all its rights, title, and interest, and delegates Owner’s obligations, responsibilities, and duties, in and to the Certification Agreement, to Assignee. Assignee accepts this assignment and agrees to perform these obligations, responsibilities, and duties. GBCI will recognize Assignee as Owner’s successor in interest to the Certification Agreement, and GBCI and Assignee shall be bound by the terms of the Certification Agreement in every way as if Assignee was named in the Certification Agreement. In consideration of GBCI accepting this Assignment, Owner agrees to discharge and release GBCI from any and all obligations to Owner, and waives any and all rights and/or claims it may have against GBCI effective as of GBCI’s acceptance of this Assignment. Without limiting the foregoing, Assignee acknowledges that all submissions and representations made by Owner in the Application, including without limitation, those made on Owner’s behalf, shall, as between Assignee and GBCI, be deemed the submissions and representations of Assignee, and all access to the Application and the Project Information contained therein shall be terminated with respect to Owner and transferred to Assignee. Regardless of anything to the contrary in this Assignment, Owner will continue to be bound the following: Sections 11 through 15 and 18 through 26 of the Certification Agreement, including and without limitation, those clauses obligating Owner to defend and indemnify the GBCI Indemnitees from any and all Claims resulting from Owner’s performance prior to this Assignment, as well as those claims resulting from Assignee’s subsequent performance; provided however, that the GBCI Indemnitees shall make reasonable efforts to first look to the Assignee to satisfy these obligations arising out of Assignee’s performance prior to seeking satisfaction of these obligations from Owner.