unreasonably withheld, conditioned or delayed; provided, however, an SSO Supplier may, without the consent of Duke Energy Ohio (i) transfer, sell, pledge, encumber or assign this Agreement or the accounts, revenues, or proceeds hereof in connection with any financing or other financial arrangements; (ii) transfer or assign this Agreement to any Person having a Minimum Rating; and (iii) transfer or assign this Agreement to any Person succeeding to all or substantially all of the assets of such SSO Supplier. Under (b)(ii) and (b)(iii) above, the assigning SSO Supplier shall be relieved of its obligations upon (x) the assignment and assumption of this Agreement by the assignee and (y) the assignee’s satisfaction of the credit requirements set forth in Article 5, except for those obligations which have arisen prior to the date of assignment. 12.2 Notices All notices, requests, statements or payments be made as specified below. Notices required to be in writing shall be delivered by letter, facsimile or other documentary form. Notice by regular mail shall be deemed to have been received by the earlier of actual receipt or three (3) Business Days after it has been sent. Notice by facsimile or hand delivery shall be deemed to have been received by the close of the Business Day on which it was transmitted or hand delivered (unless transmitted or hand delivered after close of normal business hours, in which case it shall be deemed to have been received at the close of the next Business Day). Notice by overnight mail or courier shall be deemed to have been received by the earlier of actual receipt or two (2) Business Days after it has been sent. A Party may change its addresses by providing notice of the same in accordance with this Section 12.2. To Duke Energy Ohio: NOTICES & CORRESPONDENCE: PAYMENTS: Duke Energy Ohio Institution: PNC Bank 526 S. Church Street, EC02F Account No.: 4060078836 Charlotte, NC 28202 ABA No: 041000124 Attn: Contract Administration Manager Contract Administration Manager Contact: Rhonda Johnson Email: Phone: (980) 373-2322 Fax: (980) 373-7595
unreasonably withheld, conditioned or delayed; provided, however, an SSO Supplier may, without the consent of Duke Energy Ohio (i) transfer, sell, pledge, encumber or assign this Agreement or the accounts, revenues, or proceeds hereof in connection with any financing or other financial arrangements; (ii) transfer or assign this Agreement to any Person having a Minimum Rating; and (iii) transfer or assign this Agreement to any Person succeeding to all or substantially all of the assets of such SSO Supplier. Under (b)(ii) and (b)(iii) above, the assigning SSO Supplier shall be relieved of its obligations upon (x) the assignment and assumption of this Agreement by the assignee and (y) the assignee’s satisfaction of the credit requirements set forth in Article 5, except for those obligations which have arisen prior to the date of assignment. 12.2 Notices All notices, requests, statements or payments be made as specified below. Notices required to be in writing shall be delivered by letter, facsimile or other documentary form. Notice by regular mail shall be deemed to have been received by the earlier of actual receipt or three (3) Business Days after it has been sent. Notice by facsimile or hand delivery shall be deemed to have been received by the close of the Business Day on which it was transmitted or hand delivered (unless transmitted or hand delivered after close of normal business hours, in which case it shall be deemed to have been received at the close of the next Business Day). Notice by overnight mail or courier shall be deemed to have been received by the earlier of actual receipt or two (2) Business Days after it has been sent. A Party may change its addresses by providing notice of the same in accordance with this Section 12.2. To Duke Energy Ohio: NOTICES & CORRESPONDENCE: PAYMENTS: Duke Energy Ohio Institution: PNC Bank 526 S. Church Street, EC02F Account No.: 4060078836 Charlotte, NC 28202 ABA No: 041000124 Attn: Contract Administration Manager Contract Administration Manager Contact: Rhonda Johnson Email: Phone: (980) 373-2322 Fax: (980) 373-7595
DEO_Master_SSO-Agreement_Redline_1-30-18.docx