Assignment by the Study Funder. (a) The Study Funder may, provided it is not in breach of any of its obligations under this Agreement, Assign the whole of its rights and obligations under this Agreement to a Third Party (Assignee) with the prior written consent of Aurizon Network, provided that such consent will not be withheld if: (i) Aurizon Network, acting reasonably, is satisfied that the Assignee is financially sound and is otherwise capable of performing the obligations of the Study Funder under this Agreement; (ii) the Assignee provides to Aurizon Network a Bank Guarantee for the Bank Guarantee Amount; and (iii) the Assignee covenants with Aurizon Network by deed in a form acceptable to Aurizon Network (acting reasonably), to be bound by and to perform all of the obligations of the Study Funder under this Agreement. (b) Any Assignment by the Study Funder of its rights and obligations under 19.3 (a) will be conditional upon, and will not take effect until, the requirements of clause 19.3 (a) have been satisfied. The Study Funder will be released and discharged from further liability under this Agreement in respect of the obligations which the assignee has undertaken to be bound by and to perform.
Appears in 2 contracts
Samples: Studies Funding Agreement, Studies Funding Agreement
Assignment by the Study Funder. (a) The Study Funder may, provided it is not in breach of any of its obligations under this Agreement, Assign the whole of its rights and obligations under this Agreement to a Third Party third party (Assignee) with the prior written consent of Aurizon Network, provided that such consent will not be withheld if:
(i) Aurizon Network, acting reasonably, is satisfied that the Assignee is financially sound and is otherwise capable of performing the obligations of the Study Funder under this Agreement;
(ii) the Assignee provides to Aurizon Network a Bank Guarantee for the Bank Guarantee Amount; and
(iii) the Assignee covenants with Aurizon Network by deed in a form acceptable to Aurizon Network (acting reasonably), to be bound by and to perform all of the obligations of the Study Funder under this Agreement.
(b) Any Assignment by the Study Funder of its rights and obligations under 19.3
(a18.3(a) will be conditional upon, and will not take effect until, the requirements of clause 19.3
(a18.3(a) have been satisfied. The Study Funder will be released and discharged from further liability under this Agreement in respect of the obligations which the assignee has undertaken to be bound by and to perform.
Appears in 1 contract
Samples: Studies Funding Agreement
Assignment by the Study Funder. (a) The Study Funder may, provided it is not in breach of any of its obligations under this Agreement, Assign the whole of its rights and obligations under this Agreement to a Third Party (Assignee) with the prior written consent of Aurizon Network, provided that such consent will not be withheld if:
(i) Aurizon Network, acting reasonably, is satisfied that the Assignee is financially sound and is otherwise capable of performing the obligations of the Study Funder under this Agreement;
(ii) the Assignee provides to Aurizon Network a Bank Guarantee for the Bank Guarantee Amount; and
(iii) the Assignee covenants with Aurizon Network by deed in a form acceptable to Aurizon Network (acting reasonably), to be bound by and to perform all of the obligations of the Study Funder under this Agreement.
(b) Any Assignment by the Study Funder of its rights and obligations under 19.3
(a19.3(a) will be conditional upon, and will not take effect until, the requirements of clause 19.3
(a19.3(a) have been satisfied. The Study Funder will be released and discharged from further liability under this Agreement in respect of the obligations which the assignee has undertaken to be bound by and to perform.
Appears in 1 contract
Samples: Studies Funding Agreement