Assignment of Subcontract. If the Prime Contract expires or is terminated by VEIC or DOEE for any reason, then pursuant to Section 24, upon notice to Subcontractor, VEIC shall assign its rights and delegate the performance of its obligations to a third party (“Third Party”) selected by DOEE.
Assignment of Subcontract. Any assignment, subletting or delegation, by operation of law or otherwise, in whole or in part, by Subcontractor of this Subcontract, of the work to be performed or of any claims arising hereunder without the prior written consent of Contractor shall be void. Contractor shall not recognize or be bound by any assignment of any right to payment earned or to be earned by performance hereunder by Subcontractor unless and until Contractor shall receive written notice that reasonably proves the assignment and identifies the rights assigned. Any assignment hereunder shall be subject to, and Contractor reserves, all rights and remedies possessed by or available to Contractor by law or under this Subcontract as against Subcontractor, its sureties and assigns, including, without limitation, rights of set‐off, to retain monies, to amend or modify this Subcontract, and to assert all other defenses and claims whether or not arising under this Subcontract. The making of any assignment by Subcontractor or any consent thereto by Contractor shall in no event relieve Subcontractor, or its sureties hereunder, of any of their obligations, duties, responsibilities or liabilities.
Assignment of Subcontract. Subcontractor shall not assign or otherwise transfer its obligations under this Agreement to any third party without the specific written consent of Contractor prior to any such assignment and written approval of the Owner. Assignment herein shall be deemed to include the transfer of any interest of Subcontractor in excess of 25% of the ownership.
Assignment of Subcontract. Any assignment or delegation of this Subcontract or rights or duties hereunder by the Seller shall be void, unless the Buyer gives prior written consent thereto. Any funds due, or to become due hereunder, may be assigned, provided that such assignment shall not be binding upon the Buyer until the assignment agreement is accepted and acknowledged in writing, and shall be subject to any proper deductions or set-offs against such funds. In no event shall copies of the Subcontract or any plans, specifications, or there similar documents relating to work under this Subcontract, if marked "Top Secret", "Secret", or "Confidential", be furnished to any assignee of any claim arising under this Subcontract, or to any other person not entitled to receive the same. However, a copy of any part or this entire Subcontract may be furnished, or any information contained therein may be disclosed, to such assignee upon prior written authorization of the Government Contracting Officer. A request for authorization shall be submitted through the Buyer.
Assignment of Subcontract. In the event of assignment of this Subcontract by RLH to another contractor, Subcontractor agrees to be bound by and continue to perform under the terms and conditions of this Subcontract. Subcontractor specifically acknowledges that its rights, duties and obligations under this Subcontract shall transfer to any assignee of this Subcontract. RLH shall provide Subcontractor with timely written notice of any such assignment. Subcontractor may not assign this Subcontract to any other subcontractor without first obtaining the express written consent of the assignment and the express approval of said assignee from RLH.
Assignment of Subcontract. In the event that Subcontractor at any time refuses or neglects to supply a sufficient number of properly skilled workmen or a sufficient quantity of materials of proper quality, or makes an assignment of the subcontract work or funds without Contractor's written consent, or fails to make prompt payment to his materialmen, equipment suppliers or laborers, or fails in any respect to properly and diligently prosecute the work covered by this Subcontract, or otherwise fails to perform fully any and all of the agreements herein contained, Contractor may, at its option, after giving forty-eight (48) hours written notice to the Subcontractor, provide any such labor and materials as may be necessary and deduct the cost thereof from any money then held in trust as security; or Contractor may, at its option, terminate the Subcontractor's right to proceed with the work and, in that event, Contractor shall have the right to enter upon the premises of the Project or the Subcontractor's job site warehouse and take possession, for the purpose of completing the work included under this Subcontract, of all materials thereon, and may employ any other person or persons to finish the work and provide the materials therefore. In case of such discontinuance of the Subcontractor's right to proceed with the work, said Subcontractor shall not be entitled to receive any further payment under this Agreement until the work undertaken by the Contractor in his Prime Contract is completely finished. At that time, if the unpaid balance of the amount to be paid under this Subcontract exceeds the expenses incurred by the Contractor in finishing the Subcontract's work, such excess shall be paid by the Contractor to the Subcontractor, but, if such expense shall exceed the unpaid balance then the Subcontractor shall, upon written notice, promptly pay to Contractor the amount by which such expense exceeds the unpaid balance. The expense incurred by the Contractor as herein provided, either for furnishing materials or for finishing the work, and any damages incurred by Contractor, by reason of Subcontractor's default, shall be chargeable to, and paid by, Subcontractor. If Contractor elects not to terminate Subcontractor's right to proceed, Subcontractor agrees to reimburse Contractor, or other Subcontractors, for losses or damages resulting from the delay in the speedy progress of the work.
Assignment of Subcontract. NT reserves the right to assign any contract/part deliveries with NT's subcontractors to the Contractor, provided that such contract/part delivery is directly relatable to the delivery of Trainsets. Upon such assignment, the Contractor assumes NT’s rights and obligations under the contracts, with effect for performance completed as well as performance to complete. The Contractor's xxxx-up on the prices set out in the transferred contract is specified in Exhibit B. The xxxx-up is calculated based on the final and total price (excl. VAT) of the transferred contract. The specific contracts/part deliveries that NT will assign to the Contractor are specified in Exhibit J. NT also reserves the right to assign other contracts/part deliveries, in whole or in part, to the Contractor. NT shall present the contract/terms for the part delivery prior to assignment. The Contractor has the right to oppose to the assignment of such other contract/part delivery if it is objectively justified that the assignment will materially affect the Contractors own performance. Following assignment of a contract/part delivery, the Contractor assumes the same risk and responsibility for the assigned contract/part delivery as for the Delivery in general. The assigned contract/part delivery shall in no way be distinguished from the Delivery in terms of the Contractors obligation to deliver a complete Delivery in accordance with the terms and requirements set forth in the Contract.
Assignment of Subcontract. Neither party shall assign the subcontract or sublet it in whole or in part without the written consent of the other.
Assignment of Subcontract. Neither this Subcontract nor any portion thereof, is assignable except with, the prior written approval of the Prime Contractor.
Assignment of Subcontract. Subcontractor shall not, without the written consent of Prime Contractor, assign, transfer, or sublet any portion of the Subcontract to others. Prime Contractor may assign or transfer the whole or part of the Subcontract to any corporation, individual, or partnership.
