Neither this Agreement nor any interest herein shall be assigned, pledged or otherwise transferred by the Operator without the prior written consent of the MBTA. If the Operator makes any such assignment, pledge or other transfer without the prior written consent of the MBTA, this Agreement shall be voidable at the election of the MBTA. The MBTA may impose such additional conditions or terms under this Agreement, in connection with its consent to any such assignment, pledge or other transfer, as may be deemed necessary to ensure the performance of the terms of this Agreement by the assignee. Moreover, unless otherwise agreed to in writing by the MBTA, any transfer by the Operator shall not release the Operator of its liability under this Agreement. NO WAIVER None of the provisions of this Agreement, unless otherwise specified, shall be considered waived by either Party unless such waiver is in writing and signed by both Parties. No such waiver shall be construed as a modification of any of the provisions of this Agreement or as a waiver of any past or future default or breach hereof, except as expressly stated in such waiver. SEVERABILITY In the event any provision of this Agreement, or of any Schedule or Exhibit hereto, shall be determined, declared, or adjudged invalid, illegal, unconstitutional, or otherwise unenforceable, such determination, declaration, or adjudication shall in no manner affect the remainder of this Agreement, which shall remain in full force and effect as if such provision declared, determined, or adjudged invalid, illegal, unconstitutional, or otherwise unenforceable, was not originally contained in this Agreement. HEADINGS NOT BINDING The headings appearing in this Agreement have been inserted for identification and reference purposes only, and are not to be considered as defining or limiting in any way the scope or intent of the provisions hereof. BINDING EFFECT This Agreement shall be binding upon and shall inure to the benefit of the respective successors and permitted assigns of the Operator and the MBTA. NO THIRD PARTY BENEFICIARIES Nothing in this Agreement shall be deemed to create any right in any person not a Party hereto other than permitted successors and assigns of a Party hereto, and this Agreement shall not be construed in any respect to be a contract in whole or in part for the benefit of a Third Party except as aforesaid. SURVIVAL
Neither this Agreement nor any interest herein shall be assigned, pledged or otherwise transferred by the Operator without the prior written consent of the MBTA. If the Operator makes any such assignment, pledge or other transfer without the prior written consent of the MBTA, this Agreement shall be voidable at the election of the MBTA. The MBTA may impose such additional conditions or terms under this Agreement, in connection with its consent to any such assignment, pledge or other transfer, as may be deemed necessary to ensure the performance of the terms of this Agreement by the assignee. Moreover, unless otherwise agreed to in writing by the MBTA, any transfer by the Operator shall not release the Operator of its liability under this Agreement. NO WAIVER None of the provisions of this Agreement, unless otherwise specified, shall be considered waived by either Party unless such waiver is in writing and signed by both Parties. No such waiver shall be construed as a modification of any of the provisions of this Agreement or as a waiver of any past or future default or breach hereof, except as expressly stated in such waiver. SEVERABILITY In the event any provision of this Agreement, or of any Schedule or Exhibit hereto, shall be determined, declared, or adjudged invalid, illegal, unconstitutional, or otherwise unenforceable, such determination, declaration, or adjudication shall in no manner affect the remainder of this Agreement, which shall remain in full force and effect as if such provision declared, determined, or adjudged invalid, illegal, unconstitutional, or otherwise unenforceable, was not originally contained in this Agreement. HEADINGS NOT BINDING The headings appearing in this Agreement have been inserted for identification and reference purposes only, and are not to be considered as defining or limiting in any way the scope or intent of the provisions hereof. BINDING EFFECT This Agreement shall be binding upon and shall inure to the benefit of the respective successors and permitted assigns of the Operator and the MBTA. NO THIRD PARTY BENEFICIARIES Nothing in this Agreement shall be deemed to create any right in any person not a Party hereto other than permitted successors and assigns of a Party hereto, and this Agreement shall not be construed in any respect to be a contract in whole or in part for the benefit of a Third Party except as aforesaid. SURVIVAL