ASSIGNMENT OF THE CONTRACT AND SUBCONTRACTING Sample Clauses

ASSIGNMENT OF THE CONTRACT AND SUBCONTRACTING. 10.1. In no event shall any contractual relationship be inferred between the subcontractors or assignees and ENEL. The SUPPLIER shall be liable at all times for all the activities of said subcontractors' or assignees' employees and for the fulfilment of the legal and fiscal contractual obligations arising from the execution of the Contract; including any damage or loss caused to ENEL by any of their subcontractors' or assignees' employees. ENEL shall not be liable in respect of any subcontractor or assignee, or any of their personnel, for any claims arising directly or indirectly from the Contract. To this end, the SUPPLIER undertakes and guarantees to ENEL that it will implement all possible measures to avoid the presentation and/or processing of said claims. Consequently, the SUPPLIER shall be liable towards ENEL and shall hold ENEL free and harmless from any in-court or out-of-court litigation or proceeding against ENEL from any subcontractor's or assignee's employee. The above mentioned indemnity shall be sufficient to cover both the sum that ENEL may be forced to pay, and the expenses or costs of any nature that ENEL is forced to incur as a result of said claim. The SUPPLIER’S failure to fulfil the requirements established in this paragraph shall be considered a serious breach of Contract and shall give ENEL the right to terminate the Contract due to breach by the SUPPLIER, without the need of any judicial decree whatsoever and notwithstanding any other legal action that ENEL may institute.
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ASSIGNMENT OF THE CONTRACT AND SUBCONTRACTING. 10.1. Under no circumstances may a contractual relationship be inferred between the subcontractors or assignee and ENEL, and the Supplier shall always be liable for all the activities of such subcontractors or assignees, and for the fulfillment of their contractual, legal and tax obligations arising from the performance of the works, as well as for any damage caused to ENEL by any of its subcontractors or assignees, agents, consultants and workers.
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ASSIGNMENT OF THE CONTRACT AND SUBCONTRACTING. 5.1. Under no circumstances may any contractual relationship be inferred between the subcontractors or assignees and ENEL, with the Supplier always being responsible for all the activities of the employees of said subcontractors or assignees, and for the fulfilment of the contractual, legal and fiscal obligations derived from the execution of the Contract; this includes the damages caused to ENEL by any of the employees of its subcontractors or assignees. ENEL shall not be liable to any subcontractor or assignee, nor to the personnel thereof, for any claim derived directly or indirectly from the Contract, for which the Supplier undertakes to ENEL to do everything within its capabilities to avoid the formulation and/or processing of such claims. Consequently, the Supplier shall respond to ENEL and shall hold it harmless from any legal action, judicial or extrajudicial, or any proceedings directed against ENEL by any employee of the subcontractors or assignees. The aforementioned indemnity shall cover both the amount that ENEL must pay, and the expenses or costs of any nature which ENEL may incur as a result of said claim. The breach by the Supplier of what is regulated in this section shall be considered as a serious breach, and ENEL shall be empowered to terminate the Contract due to a breach by the Supplier, without the need for a judicial declaration in this regard and without prejudice of any other legal action that could be open to ENEL.
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ASSIGNMENT OF THE CONTRACT AND SUBCONTRACTING. 10.1. Under no circumstances may a contractual relationship be inferred between the subcontractors or assignees and ENEL, and the Supplier shall always be liable for all the activities of such subcontractors or assignees, and for the fulfillment of their contractual, legal and tax obligations arising from the performance of the Contract, as well as for any damage caused to ENEL by any the employees of its subcontractors or assignees, agents. ENEL shall not be liable before any subcontractor or assignee, nor before their personnel, for any claim directly or indirectly arising in relation to the Contract; therefore, the Supplier undertakes before ENEL to make all possible efforts to avoid the submission and/or processing of these claims. Accordingly, the Supplier shall be liable before ENEL and shall indemnify ENEL from and against any judicial or extra-judicial action or proceedings initiated against ENEL by any employee of the subcontractor or assignee. Such indemnification shall cover both the amount payable by ENEL and the expenses or costs of any nature incurred by ENEL in connection to such claim. Any failure by the Supplier to comply with the provisions of this section shall be considered as a material breach, and shall entitle ENEL to terminate the Contract due to Supplier default, without the need for any judicial declaration and without prejudice to any other legal remedy available to ENEL.
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ASSIGNMENT OF THE CONTRACT AND SUBCONTRACTING. 10.1. The Contractor must submit in its bid the activities for outsourcing and the subcontractor/s nominated, along with all the technical and economic documentation the Tenderer is required in the documentation used to implement the Request for Offers, which shall be part of the technical competence for the approval of the subcontractor, which shall be required to be accepted by ENEL.
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ASSIGNMENT OF THE CONTRACT AND SUBCONTRACTING. 5.1 The Supplier must present in its bid the proposed activities for the outsourcing and the subcontractor or the proposed subcontractors, together with all the technical and economic documentation that is required of the Bidder in the documentation for the Invitation to Tender, which shall be part of the technical requirements for the approval of the subcontractor.
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ASSIGNMENT OF THE CONTRACT AND SUBCONTRACTING. 5.1. The Supplier shall not totally or partially assign its position in the Contract, except with the express prior written authorisation of ENEL. In such case, in accordance with the provisions of Article 1437 of the Peruvian Civil Code, ENEL may take action against the Supplier if the assignees do not comply with the obligations they have taken on.
Sample 1
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ASSIGNMENT OF THE CONTRACT AND SUBCONTRACTING. 10.1. The Contractor must perform the contractual activities on its own. The assignment to Contract to a third party is allowed only upon ENEL explicit authorization and, in compliance with any applicable law.Provided above, all contractual activities can be subcontracted to the extent allowed by the relevant Country legislation.
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Related to ASSIGNMENT OF THE CONTRACT AND SUBCONTRACTING

  • Assignment and Subcontracting City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the City. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors listed in the Consultant’s proposal, without prior written approval of the City.

  • ASSIGNMENT AND SUB-CONTRACTING 19.1 The Contractor shall not assign or sub-contract any obligations under the Contract without the prior consent of the Authority, which shall not be unreasonably withheld or delayed. Sub-contracting any part of the Contract shall not relieve the Contractor of any of its obligations or duties.

  • Assignment; Subcontracting (a) Except as expressly provided in Section 12(b) below, this Agreement shall not be assignable or delegable, whether by merger, operation of law or otherwise, by any Fund without the written consent of BNY Mellon, or by BNY Mellon without the written consent of the affected Fund, in each case which consent may not be unreasonably withheld. This Agreement shall extend to and shall be binding upon the Parties hereto, and their permitted successors and assigns.

  • Use of Subservicers and Subcontractors The Servicer shall not hire or otherwise utilize the services of any Subservicer to fulfill any of the obligations of the Servicer as servicer under this Agreement or any Reconstitution Agreement unless the Servicer complies with the provisions of paragraph (a) of this Section. The Servicer shall not hire or otherwise utilize the services of any Subcontractor, and shall not permit any Subservicer to hire or otherwise utilize the services of any Subcontractor, to fulfill any of the obligations of the Servicer as servicer under this Agreement or any Reconstitution Agreement unless the Servicer complies with the provisions of paragraph (b) of this Section.

  • Vendor Contracts (a) THIRD-PARTY ASO CONTRACTS.

  • Assignment of Work Product (i) If at any time during the Term or thereafter, Employee has made or shall make (either alone or with others, and whether before or after the date of this Agreement), conceive, create, discover, invent or reduce to practice any invention, design, development, improvement, process, software program, work of authorship, or technique, in whole or in part, or which results from any work which Employee may do for or at the request of the Company, whether or not conceived by Employee while on holiday, on vacation, or off the premises of the Company, whether or not patentable or registrable under copyright or similar laws (herein called “Developments”) that (a) relate to the business of the Company or any of the products or services being developed, manufactured or sold by the Company, or (b) result directly or indirectly from tasks assigned to Employee by the Company or (c) result from the use of premises or property (whether tangible or intangible) owned, leased or contracted for by the Company, such Developments and all rights and interests therein and all records relating to such Developments shall be the sole and absolute property of the Company. Employee shall promptly disclose to the Company each such Development and Employee shall deliver to the Company all records relating to each such Development. Employee hereby assigns any rights (including, but not limited to, any rights under patent law and copyright law or other similar laws) that Employee may have or acquire in the Developments to the Company, without further compensation. Where applicable, all Developments which are copyrightable works shall be works made for hire. To the extent any such work of authorship may not be deemed to be a work made for hire, Employee agrees to, and does hereby, irrevocably, perpetually and unconditionally transfer and assign to the Company all right, title, and interest including copyright in and to such work without further compensation.

  • The Contracts (i) will be sold by broker-dealers, or their registered representatives, who are registered with the Securities and Exchange Commission ("SEC") under the Securities and Exchange Act of 1934, as amended (the "1934 Act") and who are members in good standing of the National Association of Securities Dealers, Inc. (the "NASD"); (ii) will be issued and sold in compliance in all material respects with all applicable federal and state laws; and (iii) will be sold in compliance in all material respects with state insurance suitability requirements and NASD suitability guidelines.

  • Assignment of Contracts On the Initial Borrowing Date, the Borrower shall have duly authorized, executed and delivered a valid and effective assignment by way of security in favor of the Collateral Agent of all of the Borrower’s present and future interests in and benefits under (x) the Construction Contract, (y) each Refund Guarantee and (z) the Construction Risk Insurance (it being understood that the Borrower will use commercially reasonable efforts to have the underwriters of the Construction Risk Insurance accept and endorse on such insurance policy a loss payable clause substantially in the form set forth in Part 3 of Schedule 2 to the Assignment of Contracts (as defined below), and it being further understood that certain of the Refund Guarantee and none of the Construction Risk Insurances will have been issued on the Initial Borrowing Date), which assignment shall be substantially in the form of Exhibit J hereto or otherwise reasonably acceptable to the Lead Arrangers and the Borrower and customary for transactions of this type, along with appropriate notices and consents relating thereto (to the extent incorporated into or required pursuant to such Exhibit or otherwise agreed by the Borrower and the Facility Agent), including, without limitation, those acknowledgments, notices and consents listed on Schedule 5.07 (as modified, supplemented or amended from time to time, the “Assignment of Contracts”) provided that, if any Refund Guarantee issued to the Borrower on the Initial Borrowing Date shall have been issued by KfW IPEX-Bank GmbH, then such Refund Guarantee shall be charged pursuant to a duly authorized, executed and delivered, valid and effective charge of any such Refund Guarantee in the form of Exhibit Q hereto or otherwise in a form reasonably acceptable to the Lead Arrangers and the Borrower and customary for transactions of this type, along with appropriate notices and consents relating thereto (to the extent incorporated into or required pursuant to such Exhibit or otherwise agreed by the Borrower and the Facility Agent) (as modified, supplemented or amended from time to time, the “Charge of KfW Refund Guarantees”).

  • Assignment and Sublicensing This Licence is personal to the Licensee. The Licensee must not dispose of, deal with, transfer, novate or assign its rights as Licensee under this Licence without obtaining the School Council’s prior written consent, which consent is at the absolute discretion of the School Council, and if granted, may be granted subject to such conditions as the School Council see fit to impose.

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