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Common use of Assignation Clause in Contracts

Assignation. The Service Provider may not assign any of its rights, obligations or interest in this Contract or any part of it without the prior written consent of the Purchaser. Notwithstanding clause 39.1, the Service Provider may assign to another person (an "Assignee") the right to receive the price due to the Service Provider under this Contract subject to: deduction of sums in respect of which the Purchaser exercises its right of recovery under clause 12 (Recovery of Sums Due); and all the related rights of the Purchaser under this Contract in relation to the recovery of sums due but unpaid. The Service Provider must notify or ensure that any Assignee notifies the Purchaser of any variations to the arrangements for making payments or for handling invoices, in each case in good time to enable the Purchaser to redirect payments or invoices accordingly. In the absence of such notification the Purchaser is under no obligation to vary its arrangements for making payments or for handling invoices. Subject to clause 39.6, the Purchaser may assign, novate or otherwise dispose of its rights and obligations under this Contract or any part thereof to: any Government Body; or any other body established by the Crown or under statute in order substantially to perform any of the functions that had previously been performed by the Purchaser; or any private sector body which substantially performs the functions of the Purchaser, provided that any such assignation, novation or other disposal shall not increase the burden of the Service Provider’s obligations under this Contract. Any change in the legal status of the Purchaser such that it ceases to be a Government Body shall not, subject to clause 39.6, affect the validity of this Contract. In such circumstances, this Contract shall bind and inure to the benefit of any successor body to the Purchaser. If the rights and obligations under this Contract are assigned, novated or otherwise disposed of pursuant to clause 39.4 to a body which is not a Government Body or if there is a change in the legal status of the Purchaser such that it ceases to be a Government Body (in the remainder of this clause both such bodies being referred to as the “Transferee”): the rights of termination of the Purchaser in clauses 64 (Termination Rights) and 65 (Termination on Insolvency or Change of Control) shall be available to the Service Provider in the event of respectively, the bankruptcy or insolvency, or Default of the Transferee; and the Transferee shall only be able to assign, novate or otherwise dispose of its rights and obligations under this Contract or any part thereof with the prior consent in writing of the Service Provider. The Purchaser may disclose to any Transferee any Service Provider Confidential Information which relates to the performance of the Service Provider’s obligations under this Contract. In such circumstances the Purchaser shall authorise the Transferee to use such Service Provider Confidential Information only for purposes relating to the performance of the Service Provider’s obligations under this Contract and for no other purpose and shall take all reasonable steps to ensure that the Transferee gives a confidentiality undertaking in relation to such Service Provider Confidential Information.

Appears in 3 contracts

Samples: Services Contract, Services Contract, Services Contract

Assignation. 42.1. The Service Provider may not assign any of its rights, obligations or interest in this Contract or any part of it without the prior written consent of the PurchaserAuthority. 42.2. Notwithstanding clause 39.142.1, the Service Provider may assign to another person (an "Assignee") the right to receive the price due to the Service Provider under this Contract subject to: : 42.2.1. deduction of sums in respect of which the Purchaser Authority exercises its right of recovery under clause 12 13 (Recovery of Sums Due); and and 42.2.2. all the related rights of the Purchaser Authority under this Contract in relation to the recovery of sums due but unpaid. 42.3. The Service Provider must notify or ensure that any Assignee notifies the Purchaser Authority of any variations to the arrangements for making payments or for handling invoices, in each case in good time to enable the Purchaser Authority to redirect payments or invoices accordingly. In the absence of such notification the Purchaser Authority is under no obligation to vary its arrangements for making payments or for handling invoices. 42.4. Subject to clause 39.642.6, the Purchaser Authority may assign, novate or otherwise dispose of its rights and obligations under this Contract or any part thereof to: : 42.4.1. any Government Body; or or 42.4.2. any other body established by the Crown or under statute in order substantially to perform any of the functions that had previously been performed by the PurchaserAuthority; or or 42.4.3. any private sector body which substantially performs the functions of the PurchaserAuthority, provided that any such assignation, novation or other disposal shall not increase the burden of the Service Provider’s obligations under this Contract. 42.5. Any change in the legal status of the Purchaser Authority such that it ceases to be a Government Body shall not, subject to clause 39.642.6, affect the validity of this Contract. In such circumstances, this Contract shall bind and inure to the benefit of any successor body to the PurchaserAuthority. 42.6. If the rights and obligations under this Contract are assigned, novated or otherwise disposed of pursuant to clause 39.4 42.4 to a body which is not a Government Body or if there is a change in the legal status of the Purchaser Authority such that it ceases to be a Government Body (in the remainder of this clause both such bodies being referred to as the “Transferee”): ): 42.6.1. the rights of termination of the Purchaser Authority in clauses 64 66 (Termination Rights) and 65 67 (Termination on Insolvency or Change of Control) shall be available to the Service Provider in the event of respectively, the bankruptcy or insolvency, or Default of the Transferee; and and 42.6.2. the Transferee shall only be able to assign, novate or otherwise dispose of its rights and obligations under this Contract or any part thereof with the prior consent in writing of the Service Provider. 42.7. The Purchaser Authority may disclose to any Transferee any Service Provider Confidential Information which relates to the performance of the Service Provider’s obligations under this Contract. In such circumstances the Purchaser Authority shall authorise the Transferee to use such Service Provider Confidential Information only for purposes relating to the performance of the Service Provider’s obligations under this Contract and for no other purpose and shall take all reasonable steps to ensure that the Transferee gives a confidentiality undertaking in relation to such Service Provider Confidential Information.

Appears in 1 contract

Samples: Services Contract

Assignation. 35.1 The Service Provider may not assign any of its rights, obligations or interest in this the Contract or any part of it without the prior written consent of the Purchaser. Employer. 35.2 Notwithstanding clause 39.135.1, the Service Provider may assign to another person (an "Assignee") the right to receive the price due to the Service Provider under this the Contract subject to: : i) deduction of sums in respect of which the Purchaser Employer exercises its right of recovery under clause 12 14 (Recovery of Sums Due); and and ii) all the related rights of the Purchaser Employer under this the Contract in relation to the recovery of sums due but unpaid. . 35.3 The Service Provider must notify or ensure that any Assignee notifies the Purchaser Employer of any variations to the arrangements for making payments or for handling invoices, in each case in good time to enable the Purchaser Employer to redirect payments or invoices accordingly. In the absence of such notification the Purchaser Employer is under no obligation to vary its arrangements for making payments or for handling invoices. . 35.4 Subject to clause 39.635.6, the Purchaser Employer may assign, novate or otherwise dispose of its rights and obligations under this the Contract or any part thereof to: : i) any Government BodyContracting Authority; or or ii) any other body established by the Crown or under statute in order substantially to perform any of the functions that had previously been performed by the PurchaserEmployer; or or iii) any private sector body which substantially performs the functions of the Purchaser, Employer, iv) provided that any such assignation, novation or other disposal shall not increase the burden of the Service Provider’s obligations under this the Contract. . 35.5 Any change in the legal status of the Purchaser Employer such that it ceases to be a Government Body Contracting Authority shall not, subject to clause 39.635.6, affect the validity of this the Contract. In such circumstances, this the Contract shall bind and inure to the benefit of any successor body to the Purchaser. Employer. 35.6 If the rights and obligations under this the Contract are assigned, novated or otherwise disposed of pursuant to clause 39.4 35.4 to a body which is not a Government Body Contracting Authority or if there is a change in the legal status of the Purchaser Employer such that it ceases to be a Government Body Contracting Authority (in the remainder of this clause both such bodies being referred to as the Transferee”): ): i) the rights of termination of the Purchaser Employer in clauses 64 65 (Termination Rights) and 65 66 (Termination on Insolvency or and Change of Control) shall be available to the Service Provider in the event of respectively, the bankruptcy or insolvency, or Default of the Transferee; and and ii) the Transferee shall only be able to assign, novate or otherwise dispose of its rights and obligations under this the Contract or any part thereof with the prior consent in writing of the Service Provider. . 35.7 The Purchaser Employer may disclose to any Transferee any Confidential Information of the Service Provider Confidential Information which relates to the performance of the Service Provider’s obligations under this the Contract. In such circumstances the Purchaser Employer shall authorise the Transferee to use such Service Provider Confidential Information only for purposes relating to the performance of the Service Provider’s obligations under this the Contract and for no other purpose and shall take all reasonable steps to ensure that the Transferee gives a confidentiality undertaking in relation to such Service Provider Confidential Information.

Appears in 1 contract

Samples: Services Contract

Assignation. The Service Provider may not assign any of its rights, obligations or interest in this Contract or any part of it without the prior written consent of the Purchaser. Notwithstanding clause 39.1, the Service Provider may assign to another person (an "Assignee") the right to receive the price due to the Service Provider under this Contract subject to: deduction of sums in respect of which the Purchaser exercises its right of recovery under clause 12 12. (Recovery of Sums Due); and all the related rights of the Purchaser under this Contract in relation to the recovery of sums due but unpaid. The Service Provider must notify or ensure that any Assignee notifies the Purchaser of any variations to the arrangements for making payments or for handling invoices, in each case in good time to enable the Purchaser to redirect payments or invoices accordingly. In the absence of such notification the Purchaser is under no obligation to vary its arrangements for making payments or for handling invoices. Subject to clause 39.6, the Purchaser may assign, novate or otherwise dispose of its rights and obligations under this Contract or any part thereof to: any Government Body; or any other body established by the Crown or under statute in order substantially to perform any of the functions that had previously been performed by the Purchaser; or any private sector body which substantially performs the functions of the Purchaser, provided that any such assignation, novation or other disposal shall not increase the burden of the Service Provider’s obligations under this Contract. Any change in the legal status of the Purchaser such that it ceases to be a Government Body shall not, subject to clause 39.6, affect the validity of this Contract. In such circumstances, this Contract shall bind and inure to the benefit of any successor body to the Purchaser. If the rights and obligations under this Contract are assigned, novated or otherwise disposed of pursuant to clause 39.4 to a body which is not a Government Body or if there is a change in the legal status of the Purchaser such that it ceases to be a Government Body (in the remainder of this clause both such bodies being referred to as the “Transferee”): the rights of termination of the Purchaser in clauses 64 64. (Termination Rights) and 65 65. (Termination on Insolvency or Change of Control) shall be available to the Service Provider in the event of respectively, the bankruptcy or insolvency, or Default of the Transferee; and the Transferee shall only be able to assign, novate or otherwise dispose of its rights and obligations under this Contract or any part thereof with the prior consent in writing of the Service Provider. The Purchaser may disclose to any Transferee any Service Provider Confidential Information which relates to the performance of the Service Provider’s obligations under this Contract. In such circumstances the Purchaser shall authorise the Transferee to use such Service Provider Confidential Information only for purposes relating to the performance of the Service Provider’s obligations under this Contract and for no other purpose and shall take all reasonable steps to ensure that the Transferee gives a confidentiality undertaking in relation to such Service Provider Confidential Information.

Appears in 1 contract

Samples: Services Contract