Resolution 2016-54 - Laserfiche WebLink

Home Browse Search

provided that: (i) the Affected Party, within two (2) weeks after being affected by the Force Majeure event, gives the other Party hereto written notice describing the particulars of the occurrence and the anticipated period of delay; (ii) the suspension of performance be of no greater scope and of no longer duration than is required by the Force Majeure event; (iii) no obligations of the Party which were to be performed prior to the Force Majeure event shall be excused as a result of the occurrence thereof; and (iv) the Affected Party shall use commercialty reasonable efforts to remedy with all reasonable dispatch the cause or causes preventing it from carrying out its obligations. 15. Assignment. 15.1. Assignment by Buyer. Buyer may not assign this Agreement or Buyer's Solar Interest without Seller's prior written consent, which shall not be unreasonably withheld. 15.2. As ignment by Seller. Seller may assign this Agreement, or any of its rights, duties, or obligations under this Agreement, to another entity or individual, including any Affiliate, whether by contract, change of control, operation of law or otherwise, without Buyer's consent. 15.3. Collateral Assignment. (a) General. Seller shall be entitled to collaterally assign, pledge, grant security interests in, or otherwise encumber its rights and interests In this Agreement to one or more entities providing financing (hereinafter "Lender") without further consent of Buyer. Buyer agrees to reasonably cooperate with Seller and its Lender in connection with such financing, and to provide such information and acknowledgements as Seller or its Lender may reasonably request within ten (10) days of any such request therefor. (b) Notices to Lenders. From time to time, Seller or its Lender may provide Buyer with written notice of any Lender to which interests have been granted pursuant to Section 15.3(a) above. As a precondition to exercising any rights or remedies related to any default by Seller under this Agreement, Buyer shall give written notice of the default to Lender at the same time it delivers notice of default to Seller, including the specifics of any such default. Lender shall have the same amount of time to cure the default under this Agreement as is given to Seiler hereunder, and the same right as Seller to cure any default. The cure period for Lender shall begin to run upon the date Lender receives such written notice from Buyer. Failure of Buyer to provide Lender with such notice shall riot diminish Buyer's rights against Seller, but shall preserve all rights of Lender to cure any default, (c) Right to Cure Defaults; Substitution. To prevent termination of this Agreement, the Lender shall have the right, but not the obligation, at any time to perform any act necessary to cure any default and to prevent the termination of this Agreement. In the event of an uncured default by Seller, or in the event of a termination of this agreement by operation of law or otherwise, Lender shall have the right, but not the obligation, to substitute Itself for Seller under this Agreement, or (ii) to require Buyer enter into a new agreement with Lender substantially identical to this Agreement for a period equal to the duration of the Scheduled Term of this Agreement. 16. Notices. In the event that any notice or other communication is required or permitted to be given hereunder, such notice or communications will be in writing and may be delivered in person or sent by certified mail, overnight courier or transmitted by facsimile to the address of the addressee as specified below. Except as otherwise provided, all such notices or other communications will be deemed to have been duly given and received upon receipt. To Seller: CBC SOLAR #1133, LLC 15990 CR 29 Platteville CO 80651 Attn: Paul Spencer Fax No.: 970-692-2592 Page 11 of 1'7