HomeMy WebLinkAboutCONSENT OF ASSIGNMENT BETWEEN AUGUSTA, GA AND INMAN SOLAR INCORPORATED TO WGL ENERGY SYSTEMS, INC. CONSENT OF ASSIGNMENT
THIS CONSENT OF ASSIGNMENT (this "Consent") is made as of this 19th day of
August, 2016, by and between Augusta, Georgia, a political subdivision of the state of Georgia
("Augusta")and Inman Solar Incorporated ("Inman"), a Georgia corporation.
RECITALS
WHEREAS, Augusta and Inman are parties to that certain Solar Project Lease
Agreement, dated as of May 17th, 2016 (as may be amended from time to time, the
"Agreement'), for the leased premises located at 1731 Tobacco Road, Augusta, Georgia 31487-
25029(Max Hicks Water Treatment Plant).
WHEREAS, Inman intends to enter into an assignment(the "Assignment") to assign its
rights, responsibilities and obligations under the Agreement, in their entirety, to WGL Energy
Systems,Inc., a Delaware corporation ("WGL");
WHEREAS, ARTICLE XV — MISCELLANEOUS, subsection 9 of the Agreement
provides that an assignment of the Agreement by Inman to another entity requires Augusta's
prior written consent;
WHEREAS, it is a condition to the consummation of the Assignment between Inman
and WGL that Augusta consent to the Assignment and the resulting change in parties to the
Agreement from Inman to WGL;
NOW, THEREFORE, and in consideration of the foregoing recitals, which are
incorporated herein, the mutual covenants and agreements herein contained, and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
hereto hereby agree as follows:
1. Augusta hereby (a) consents, in advance, to the Assignment and the resulting
change in parties from Inman to WGL in the Agreement that will occur upon the consummation
of the Assignment, (b) waives any right to declare a breach of the Agreement by Inman resulting
from the change of parties to the Agreement that will occur upon the consummation of the
Assignment, and (c) agrees that (i) the Agreement is in full force and effect, (ii)no default exists
under the Agreement (or, if any such default does exist, that Augusta is hereby waiving it) and
(iii)the copy of the Agreement (together with all amendments thereto)that is attached as Exhibit
l has not been amended, modified or supplemented.
2. Except as provided herein, the Agreement shall remain in full force and effect,
provided that there shall be no further assignment of Agreement without prior written consent of
Augusta.
3. This agreement shall be binding upon and inure to the benefit of the parties, their
successor, assigns and personal representatives.
IN WITNESS WHEREOF,the parties hereto have entered into this Consent as of the date first
above written, intending to be legally bound hereby.
AUGUSTA,GEORGIA INMAN SOLAR IN►i RPORATED
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