Common use of Assignment and Sharing Clause in Contracts

Assignment and Sharing. 9.1 This Agreement may be assigned only to an operator to whom the Code is applied under section 106 of the Communications Xxx 0000. 9.2 Unless the Grantor agrees to forgo the right to require it, the assignor shall enter into a guarantee agreement guaranteeing the performance by the assignee of the obligations under this Agreement of the assignee as Operator on terms that the guarantee may: 9.2.1 impose on the assignor liability as a sole or principal debtor in respect of the relevant obligations in this Agreement; and 9.2.2 impose on the assignor liabilities as guarantor in respect of the assignee’s performance of the relevant obligations which are no more onerous than those to which the assignor would be subject in the event of the assignor being liable as sole or principal debtor in respect of any of the relevant obligations; and 18 As the Grantor requires the relocation of the Apparatus, it will be usual for it to agree to bear the costs of the Operator doing so, but that will not always be the case. Clear instructions are required. 9.2.3 Include incidental or supplementary provisions, but may not impose on the assignor a requirement to guarantee in any way the performance of relevant obligations by a person other than the assignee, or any liability, restriction or other requirement of any kind in relation to a time after the relevant obligations cease to be binding on the assignee. 9.3 The assignor is not liable, otherwise than under a guarantee agreement in clause 9.2, for a breach of this Agreement occurring after the assignment if: 9.3.1 the Grantor is given notice of the name of the assignee, to whom this Agreement has been assigned, and the assignee’s address for service in the form of 19(or a form of notice containing all the same information as) the notice set out in Schedule 3; and 9.3.2 the notice has been given to the Grantor before the occurrence of the breach. 9.4 The Operator shall notify the Grantor of the completion of the assignment of this Agreement within 28 days after the date of the assignment, and shall provide to it a certified copy of the assignment. 9.5 The Operator may share the use of the Apparatus with another operator to whom the Code is applied under section 106 of the Communications Xxx 0000 subject to the conditions in clauses 10.2 and 10.3. 10.1 The Operator may upgrade the Apparatus, or carry out Works required to give effect to sharing the Apparatus whether or not by way of upgrade to it, subject to meeting the tests applying, and the requirements, in the following provisions of this clause 10. 10.2 The changes to the Apparatus so required may only be made if they do not: 10.2.1 have an adverse impact, or no more than a minimal adverse impact, on the appearance of the Apparatus; or 10.2.2 impose an additional burden of any kind on the Grantor, including anything that has an additional adverse effect on the Grantor’s enjoyment of the Property, or causing it additional loss, damage or expense, unless the Grantor consents to the changes being made on terms it reasonably requires to mitigate the adverse impact or additional burden which would otherwise result, or the changes are ordered by the court. 10.3 The Operator shall give to the Grantor not less than [ ] weeks’ notice of its intention to make changes to the Apparatus of more than minimal adverse impact upon the Grantor or the Property before commencing any Works, and shall provide: 10.3.1 evidence (including drawings, specifications, plans and method statements as appropriate) to show to the reasonable satisfaction of the Grantor that the conditions in clause 10.2 are to be met; and 10.3.2 19 Operators may wish to use their own forms of notice of assignment, but alterations from the text of the OFCOM form of notice of assignment should not be made and will be treated as void unless they are approved by OFCOM. See the OFCOM link – xxxxx://xxx.xxxxx.xxx.xx/phones-telecoms-and-internet/information-for-industry/policy/electronic-comm-code/notices. if applicable, details of the identity of the operator with whom the Apparatus is to be shared.

Assignment and Sharing. 9.1 This Agreement may be assigned only to an operator to whom the Code is applied under section 106 of the Communications Xxx 0000. 9.2 Unless the Grantor agrees to forgo the right to require it, the assignor shall enter into a guarantee agreement guaranteeing the performance by the assignee of the obligations under this Agreement of the assignee as Operator on terms that the guarantee may: 9.2.1 impose on the assignor liability as a sole or principal debtor in respect of the relevant obligations in this Agreement; and 9.2.2 impose on the assignor liabilities as guarantor in respect of the assignee’s performance of the relevant obligations which are no more onerous than those to which the assignor would be subject in the event of the assignor being liable as sole or principal debtor in respect of any of the relevant obligations; and 18 As the Grantor requires the relocation of the Apparatus, it will be usual for it to agree to bear the costs of the Operator doing so, but that will not always be the case. Clear instructions are required.and 9.2.3 Include incidental or supplementary provisions, but may not impose on the assignor a requirement to guarantee in any way the performance of relevant obligations by a person other than the assignee, or any liability, restriction or other requirement of any kind in relation to a time after the relevant obligations cease to be binding on the assignee. 9.3 The assignor is not liable, otherwise than under a guarantee agreement in clause 9.2, for a breach of this Agreement occurring after the assignment if: 9.3.1 the Grantor is given notice of the name of the assignee, to whom this Agreement has been assigned, and the assignee’s address for service in the form of 19(or a form of notice containing all the same information as) the notice set out in Schedule 3; andsame 9.3.2 the notice has been given to the Grantor before the occurrence of the breach. 9.4 The Operator shall notify the Grantor of the completion of the assignment of this Agreement within 28 days after the date of the assignment, and shall provide to it a certified copy of the assignment. 9.5 The Operator may share the use of the Apparatus with another operator to whom the Code is applied under section 106 of the Communications Xxx 0000 subject to the conditions in clauses 10.2 and 10.3.. 10 Upgrading and Works to facilitate sharing of Apparatus 10.1 The Operator may upgrade the Apparatus, or carry out Works required to give effect to sharing the Apparatus whether or not by way of upgrade to it, subject to meeting the tests applying, and the requirements, in the following provisions of this clause 10. 10.2 The changes to the Apparatus so required may only be made if they do not: 10.2.1 have an adverse impact, or no more than a minimal adverse impact, on the appearance of the Apparatus; or 10.2.2 impose an additional burden of any kind on the Grantor, including anything that has an additional adverse effect on the Grantor’s enjoyment of the Property, or causing it additional loss, damage or expense, unless the Grantor consents to the changes being made on terms it reasonably requires to mitigate the adverse impact or additional burden which would otherwise result, or the changes are ordered by the court. 10.3 The Operator shall give to the Grantor not less than [ ] 4 weeks’ notice of its intention to make changes to the Apparatus of more than minimal adverse impact upon the Grantor or the Property before commencing any Works, and shall provide: 10.3.1 evidence (including drawings, specifications, plans and method statements as appropriate) to show to the reasonable satisfaction of the Grantor that the conditions in clause 10.2 are to be met; and 10.3.2 19 Operators may wish to use their own forms of notice of assignment, but alterations from the text of the OFCOM form of notice of assignment should not be made and will be treated as void unless they are approved by OFCOM. See the OFCOM link – xxxxx://xxx.xxxxx.xxx.xx/phones-telecoms-and-internet/information-for-industry/policy/electronic-comm-code/notices. if applicable, details of the identity of the operator with whom the Apparatus is to be shared.

Assignment and Sharing. 9.1 This Agreement may be assigned only to an operator to whom the Code is applied under section 106 of the Communications Xxx 0000Act 2003. 9.2 Unless the Grantor agrees to forgo the right to require it, the assignor shall enter into a guarantee agreement guaranteeing the performance by the assignee of the obligations under this Agreement of the assignee as Operator on terms that the guarantee may: 9.2.1 impose on the assignor liability as a sole or principal debtor in respect of the relevant obligations in this Agreement; and 9.2.2 impose on the assignor liabilities as guarantor in respect of the assignee’s performance of the relevant obligations which are no more onerous than those to which the assignor would be subject in the event of the assignor being liable as sole or principal debtor in respect of any of the relevant obligations; and 18 As the Grantor requires the relocation of the Apparatus, it will be usual for it to agree to bear the costs of the Operator doing so, but that will not always be the case. Clear instructions are required.and 9.2.3 Include incidental or supplementary provisions, but may not impose on the assignor a requirement to guarantee in any way the performance of relevant obligations by a person other than the assignee, or any liability, restriction or other requirement of any kind in relation to a time after the relevant obligations cease to be binding on the assignee. 9.3 The assignor is not liable, otherwise than under a guarantee agreement in clause 9.2, for a breach of this Agreement occurring after the assignment if: 9.3.1 the Grantor is given notice of the name of the assignee, to whom this Agreement has been assigned, and the assignee’s address for service in the form of 19(or (or a form of notice containing all the same information as) the notice set out in Schedule 3; and 9.3.2 the notice has been given to the Grantor before the occurrence of the breach. 9.4 The Operator shall notify the Grantor of the completion of the assignment of this Agreement within 28 days after the date of the assignment, and shall provide to it a certified copy of the assignment. 9.5 The Operator may share the use of the Apparatus with another operator to whom the Code is applied under section 106 of the Communications Xxx 0000 Act 2003 subject to the conditions in clauses 10.2 and 10.3. 10.1 The Operator may upgrade the Apparatus, or carry out Works required to give effect to sharing the Apparatus whether or not by way of upgrade to it, subject to meeting the tests applying, and the requirements, in the following provisions of this clause 10. 10.2 The changes to the Apparatus so required may only be made if they do not: 10.2.1 have an adverse impact, or no more than a minimal adverse impact, on the appearance of the Apparatus; or 10.2.2 impose an additional burden of any kind on the Grantor, including anything that has an additional adverse effect on the Grantor’s enjoyment of the Property, or causing it additional loss, damage or expense, unless the Grantor consents to the changes being made on terms it reasonably requires to mitigate the adverse impact or additional burden which would otherwise result, or the changes are ordered by the court. 10.3 The Operator shall give to submit an Application and obtain the Grantor not less than [ ] weeks’ notice of its intention Grantor’s approval before commencing any Works to make changes to the Apparatus of more than minimal adverse impact upon the Grantor or the Property before commencing any WorksProperty, and shall provide: 10.3.1 evidence (including drawings, specifications, plans and method statements as appropriate) to show to the reasonable satisfaction of the Grantor that the conditions in clause 10.2 are to be met; and 10.3.2 19 Operators may wish to use their own forms of notice of assignment, but alterations from the text of the OFCOM form of notice of assignment should not be made and will be treated as void unless they are approved by OFCOM. See the OFCOM link – xxxxx://xxx.xxxxx.xxx.xx/phones-telecoms-and-internet/information-for-industry/policy/electronic-comm-code/notices. if applicable, details of the identity of the operator with whom the Apparatus is to be shared.