Common use of Assignment by Contractor Clause in Contracts

Assignment by Contractor. The Contractor shall not assign its rights or delegate its duties under the Contract, or both, whether in whole or in part, without the prior written consent of the Commission, in its discretion, and any attempted assignment or delegation without such consent shall be null and void. For purposes of this paragraph, Commission consent shall require a written amendment to the Contract, which is formally approved and executed by the parties. Any payments by the Commission to any approved delegate or assignee on any claim under the Contract shall be deductible, at the Commission's sole discretion, against the claims, which the Contractor may have against the Commission. However, the Commission reserves the right to assign this Contract to another public agency without the consent of the Contractor. Shareholders, partners, members, or other equity holders of the Contractor may transfer, sell, exchange, assign, or divest themselves of any interest they may have therein. However, in the event any such sale, transfer, exchange, assignment, or divestment is affected in such a way as to give majority control of the Contractor to any person(s), corporation, partnership, or legal entity other than the majority controlling interest therein at the time of execution of the Contract, such disposition is an assignment requiring the prior written consent of the Commission in accordance with applicable provisions of this Contract. Any assumption, assignment, delegation, or takeover of any of the Contractor's duties, responsibilities, obligations, or performance of same by any entity other than the Contractor, whether through assignment, subcontract, delegation, merger, buyout, or any other mechanism, with or without consideration for any reason whatsoever without the Commission's express prior written approval, shall be a material breach of the Contract which may result in the termination of the Contract. In the event of such termination, the Commission shall be entitled to pursue the same remedies against the Contractor as it could pursue in the event of default by the Contractor.

Appears in 2 contracts

Samples: Acoustical Consulting Services Agreement, Contract

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Assignment by Contractor. The Contractor CONTRACTOR shall not assign its rights or delegate its duties under the ContractAgreement, or both, whether in whole or in part, without the prior written consent of the CommissionAUTHORITY, in at its discretion, and any attempted assignment or delegation without such consent shall be null and void. For purposes of this paragraph, Commission the AUTHORITY’s consent shall require a written amendment to the ContractAgreement, which is formally approved and executed by the parties. Any payments by the Commission AUTHORITY to any approved delegate or assignee on any claim under the Contract Agreement shall be deductible, at the Commission's AUTHORITY’s sole discretion, against the claims, which the Contractor CONTRACTOR may have against the CommissionAUTHORITY. However, the Commission AUTHORITY reserves the right to assign this Contract Agreement to another public agency without the consent of the ContractorCONTRACTOR. Shareholders, partners, members, or other equity holders of the Contractor CONTRACTOR may transfer, sell, exchange, assign, or divest themselves of any interest they may have therein. However, in the event any such sale, transfer, exchange, assignment, or divestment is affected in such a way as to give majority control of the Contractor CONTRACTOR to any person(s), corporation, partnership, or legal entity other than the majority controlling interest therein at the time of execution of the ContractAgreement, such disposition is an assignment requiring the prior written consent of the Commission AUTHORITY in accordance with applicable provisions of this ContractAgreement. Any assumption, assignment, delegation, or takeover of any of the Contractor's CONTRACTOR'S duties, responsibilities, obligations, or performance of same by any entity other than the ContractorCONTRACTOR, whether through assignment, subcontract, delegation, merger, buyout, or any other mechanism, with or without consideration for any reason whatsoever without the Commission's express AUTHORITY’s expressed prior written approval, shall be a material breach of the Contract Agreement which may result in the termination of the ContractAgreement. In the event of such termination, the Commission AUTHORITY shall be entitled to pursue the same remedies against the Contractor CONTRACTOR as it could pursue in the event of default by the ContractorCONTRACTOR. In the event the CONTRACTOR assigns any portion of this Agreement, with or without the AUTHORITY’S prior written consent, and with or without a formal written agreement, the CONTRACTOR shall ensure, and be liable for ensuring, that all of its assignees comply with all the terms and conditions stated herein. Nothing contained herein shall preclude the AUTHORITY from enforcing compliance by any assignee of the terms and conditions stated herein, either directly or through the CONTRACTOR, at the CONTRACTOR’S sole expense.

Appears in 1 contract

Samples: Continuum of Care Tenant Based Rental Assistance Program Agreement

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Assignment by Contractor. The Contractor CONTRACTOR shall not assign its rights or delegate its duties under the this Contract, or both, whether either in whole or in part, without the prior written consent of the CommissionCOUNTY, in its discretion, and any attempted assignment or delegation without such consent shall be null and void. For purposes of this paragraph, Commission COUNTY consent shall require a written amendment to the ContractAgreement, which is formally approved and executed by the parties. Any payments by the Commission COUNTY to any approved delegate or assignee on any claim under the Contract shall be deductible, at the Commission's COUNTY’s sole discretion, against the claims, claims which the Contractor CONTRACTOR may have against the Commission. However, the Commission reserves the right to assign this Contract to another public agency without the consent of the ContractorCOUNTY. Shareholders, partners, members, or other equity holders of the Contractor contractor may transfer, sell, exchange, assign, or divest themselves of any interest they may have therein. However, in the event any such sale, transfer, exchange, assignment, or divestment is affected effected in such a way as to give majority control of the Contractor contractor to any person(s), corporation, partnership, or legal entity other than the majority controlling interest therein at the time of execution of the Contract, such disposition is an assignment requiring the prior written consent of the Commission COUNTY in accordance with applicable provisions of this Contract. Any assumption, assignment, delegation, or takeover of any of the Contractor's CONTRACTOR’s duties, responsibilities, obligations, or performance of same by any entity other than the ContractorCONTRACTOR, whether through assignment, subcontract, delegation, merger, buyout, or any other mechanism, with or without consideration for any reason whatsoever without the Commission's COUNTY’s express prior written approval, shall be a material breach of the Contract which may result in the termination of the Contract. In the event of such termination, the Commission COUNTY shall be entitled to pursue the same remedies against the Contractor CONTRACTOR as it could pursue in the event of default by the ContractorCONTRACTOR.

Appears in 1 contract

Samples: Contract for Child Care Services

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