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 not to resell any Service without IBM’s prior written consent. Any attempt to do so is void. Customer agrees to acquire Machines with the intent to use them within that portion of its Enterprise physically located within Western Europe and not for reselling, leasing, or transferring to a third party, unless either of the following applies: a. Customer is arranging lease-back financing for the Machines; or b. Customer purchases them without any discount or allowance.

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 not to resell any Service without IBM’s prior written consent. Any attempt to do so is void. Customer agrees to acquire Machines with the intent to use them within that portion of its Enterprise physically located within Western Europe and not for reselling, leasing, or transferring to a third party, unless either of the following applies: a. Customer is arranging lease-back financing for the Machines; or or b. Customer purchases them without any discount or allowance.

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 organisation by merger or acquisition does not require the consent of the other. IBM is also permitted to assign its rights to payments without obtaining the 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. The Customer agrees not to resell any Service without IBM’s prior written consent. Any attempt to do so is void. The Customer agrees to acquire Machines with the intent to use them within that portion of its Enterprise physically located within Western Europe and not for reselling, leasing, or transferring to a third party, unless either of the following applies: a. the Customer is arranging lease-back financing for the Machines; or b. the Customer purchases them without any discount or allowance.