Common use of ASSIGNMENT/SUBCONTRACT Clause in Contracts

ASSIGNMENT/SUBCONTRACT. Except as provided below, neither party shall have the right to assign any of its rights or obligations under this Agreement, whether by operation of law or otherwise, without the prior written consent of the other party, which consent shall not be unreasonably withheld. Exceptions include: (1) eQuorum retains the right to subcontract Support to subcontractor(s) provided that such subcontractor(s) shall possess qualifications equivalent to those of eQuorum. (2) eQuorum shall be entitled to assign all or part of the payments due it under this Agreement. (3) Any assignment or transfer by either party to a successor in interest of all, or substantially all of such party’s business by sale, merger, or reorganization, shall be permitted provided such successor in interest is expressly bound to perform such party’s obligations under this Agreement.