Common use of By the Authority Clause in Contracts

By the Authority. Subject to the provisions of Clause 29.8, the Authority may: assign, novate or otherwise dispose of its rights and obligations under this Framework Agreement or any part thereof to any Contracting Body; or novate this Framework Agreement to any other body (including any private sector body) which substantially performs any of the functions that previously had been performed by the Authority, provided that where such assignment, novation or other disposal increases the burden of the Supplier’s obligations pursuant to this Framework Agreement, the Supplier shall be entitled to such charges as may be agreed between the Authority and the Supplier to compensate for such additional burdens. Subject to the provisions of Clause 29.8, any change in the legal status of the Authority such that it ceases to be a Contracting Body shall not affect the validity of this Framework Agreement. In such circumstances, this Framework Agreement shall bind and inure to the benefit of any successor body to the Authority. If this Framework Agreement is novated to a body which is not a Contracting Body, or if a successor body which is not a Contracting Body becomes the Authority (in the remainder of this Clause both such bodies are referred to as the (“Transferee”)): the rights of termination of the Authority in Clause 14.9 shall be available, mutatis mutandis, to the Supplier in the event of the financial difficulty of the Transferee; and the Transferee shall only be able to assign, novate or otherwise dispose of its rights and obligations under this Framework Agreement or any part thereof with the previous consent in writing of the Supplier (such consent not to be unreasonably withheld or delayed). The Supplier shall enter into such agreement and/or deed as the Authority shall reasonably require so as to give effect to any assignment, novation or disposal made pursuant to Clause 29.6.

Appears in 4 contracts

Samples: Framework Agreement, Framework Agreement, Indicative Reporting Documents Dates

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By the Authority. Subject to the provisions of Clause 29.831.9, the Authority mayshall be entitled to: assign, novate or otherwise dispose of its rights and obligations under this Framework Agreement or any part thereof to any Contracting Body; or novate this Framework Agreement to any other body (including any private sector body) which substantially performs any of the functions that previously had been performed by the Authority, provided that where such assignment, novation or other disposal increases the burden of the Supplier’s obligations pursuant to this Framework Agreement, the Supplier shall be entitled to such charges as may be agreed between the Authority and the Supplier to compensate for such additional burdens. Subject to the provisions of Clause 29.831.9, any change in the legal status of the Authority such that it ceases to be a Contracting Body shall not affect the validity of this Framework Agreement. In such circumstances, this Framework Agreement shall bind and inure to the benefit of any successor body to the Authority. If this Framework Agreement is novated to a body which is not a Contracting BodyBody pursuant to Clause, or if a successor body which is not a Contracting Body becomes the Authority (in the remainder of this Clause both such bodies are referred to as the (“Transferee”)): the rights of termination of the Authority in Clause 14.9 Clauses 16.9 shall be available, mutatis mutandis, to the Supplier in the event of the financial difficulty of the Transferee; and the Transferee shall only be able to assign, novate or otherwise dispose of its rights and obligations under this Framework Agreement or any part thereof with the previous consent in writing of the Supplier (such consent not to be unreasonably withheld or delayed)Supplier. The Supplier shall enter into such agreement and/or deed as the Authority shall reasonably require so as to give effect to any assignment, novation or disposal made pursuant to Clause 29.631.7.

Appears in 2 contracts

Samples: Framework Agreement, Framework Agreement

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