Common use of Assignment and Resale Clause in Contracts

Assignment and Resale. Neither party may assign this Agreement, in whole or in part, without the prior written consent of the other. Any attempt to assign without consent is void. The assignment of this Agreement, in whole or in part, within the Enterprise of which either party is a part or to a successor organization by merger or acquisition does not require the consent of the other. IBM is also permitted to assign its rights to payments without obtaining Customer’s consent. It is not considered an assignment for IBM to divest a portion of its business in a manner that similarly affects all of its customers. Customer agrees that Eligible Products are for use within Customer’s Enterprise only and may not be resold, rented, leased, or transferred to third parties. Any attempt to do so in violation of these provisions is void.

Appears in 3 contracts

Samples: International Passport Advantage Express Agreement, International Passport Advantage Agreement, International Passport Advantage Express Agreement

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Assignment and Resale. Neither party may assign this Agreement, in whole or in part, without the prior written consent of the other. Any attempt to assign without consent is void. The assignment of this Agreement, in whole or in part, within the Enterprise of which either party is a part or to a successor organization by merger or acquisition does not require the consent of the other. IBM is also permitted to assign its rights to payments without obtaining Customer’s consent. It is not considered an assignment for IBM to divest a portion of its business in a manner that similarly affects all of its customers. Customer agrees that Eligible Products are to acquire Machines with the intent to use them within its Enterprise and not for use within Customer’s Enterprise only and may not be resoldremarketing, rented, leasedleasing, or transferred transferring to a third parties. Any attempt to do so in violation of these provisions party, unless Customer is voidarranging lease-back financing for the Machines.

Appears in 1 contract

Samples: Ibm Agreement for Machines

Assignment and Resale. Neither party may assign this Agreement, in whole or in part, without the prior written consent of the other. Any attempt to assign without consent is void. The assignment of this Agreement, in whole or in part, within the Enterprise of which either party is a part or to a successor organization by merger or acquisition does not require the consent of the other. IBM is also permitted to assign its rights to payments without obtaining Customer’s consent. It is not considered an assignment for IBM to divest a portion of its business in a manner that similarly affects all of its customers. Customer agrees that Eligible Products IBM SaaS offerings are for use within Customer’s Enterprise only and may not be resold, rented, leased, or transferred to third parties. Any attempt to do so in violation of these provisions is void.

Appears in 1 contract

Samples: International Agreement for Selected Ibm Saas Offerings

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Assignment and Resale. Neither party may assign this Agreement, in whole or in part, without the prior written consent of the other. Any attempt to assign without consent is void. The assignment of this Agreement, in whole or in part, within the Enterprise of which either party is a part or to a successor organization by merger or acquisition does not require the consent of the other. IBM is also permitted to assign its rights to payments without obtaining Customer’s Customer‟s consent. It is not considered an assignment for IBM to divest a portion of its business in a manner that similarly affects all of its customers. Customer agrees that Eligible Products are for use within Customer’s Customer‟s Enterprise only and may not be resold, rented, leased, or transferred to third parties. Any attempt to do so in violation of these provisions is void.

Appears in 1 contract

Samples: International Passport Advantage Express Agreement

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