Common use of Assignment; Subcontractors Clause in Contracts

Assignment; Subcontractors. The rights and obligations under this Agreement may not be assigned by Supplier without the prior written consent of Newmont, which consent may be denied in its sole discretion. Any attempted assignment without such consent shall be void. If such consent is granted, such assignment shall not increase or alter Newmont’s obligations nor diminish or alter Newmont’s rights. With respect to any Services to be performed by Supplier, such Services are unique and, therefore, Supplier may not subcontract any portion of its performance thereof to any third party without the prior written consent of Newmont. If Newmont consents to Supplier’s use of a subcontractor for the performance of all or any portion of the Services, Supplier nevertheless is and shall remain fully responsible for compliance with all provisions of this Agreement by, and the acts and omissions of, such subcontractor and all of its personnel. In addition, Supplier shall ensure that each such subcontractor’s agreement requires the subcontractor specifically to comply with the provisions set forth in Sections 3.4, 3.6, 4, 8.1, 8.2, 8.3, 8.5, 9, 16, 23, and 24. This Agreement shall be binding upon and inure to the benefit of the parties’ respective successors and permitted assigns.

Assignment; Subcontractors. The rights and obligations under this Agreement may not be assigned by Supplier without the prior written consent of Newmont, which consent may be denied in its sole discretion. Any attempted assignment without such consent shall be void. If such consent is granted, such assignment shall not increase or alter Newmont’s obligations nor diminish or alter Newmont’s rights. With respect to any Services to be performed by Supplier, such Services are unique and, therefore, Supplier may not subcontract any portion of its performance thereof to any third party without the prior written consent of Newmont. If Newmont consents to Supplier’s use of a subcontractor for the performance of all or any portion of the Services, Supplier nevertheless is and shall remain fully responsible for compliance with all provisions of this Agreement by, and the acts and omissions of, such subcontractor and all of its personnel. In addition, Supplier shall ensure that each such subcontractor’s agreement requires the subcontractor specifically to comply with the provisions set forth in Sections 3.4, 3.6, 4, 8.1, 8.2, 8.3, 8.58, 9, 16, 23, and 24. This Agreement shall be binding upon and inure to the benefit of the parties’ respective successors and permitted assigns.

Assignment; Subcontractors. The rights and obligations under this Agreement may not be assigned by Supplier without the prior written consent of Newmont, which consent may be denied in its sole discretion. Any attempted assignment without such consent shall be void. If such consent is granted, such assignment shall not increase or alter Newmont’s obligations nor diminish or alter Newmont’s rights. With respect to any Services to be performed by Supplier, such Services are unique and, therefore, Supplier may not subcontract any portion of its performance thereof to any third party without the prior written consent of Newmont. If Newmont consents to Supplier’s use of a subcontractor for the performance of all or any portion of the Services, Supplier nevertheless is and shall remain fully responsible for compliance with all provisions of this Agreement by, and the acts and omissions of, such subcontractor and all of its personnel. In addition, Supplier shall ensure that each such subcontractor’s agreement requires the subcontractor specifically to comply with the provisions set forth in Sections 3.46 (Intellectual Property), 3.67 (Policies; Newmont Premises), 48 (Insurance), 8.19 (Indemnification) 10 (Status of Supplier; Taxes), 8.2, 8.3, 8.5, 9, 16, 23, 13 (Confidentiality; Data Security); 14 (Trade Compliance) and 2415 (Additional Covenants). This Agreement shall be binding upon and inure to the benefit of the parties’ respective successors and permitted assigns.

Assignment; Subcontractors. The rights and obligations under this Agreement may not be assigned by Supplier without the prior written consent of Newmont, which consent may be denied in its sole discretion. Any attempted assignment without such consent shall be void. If such consent is granted, such assignment shall not increase or alter Newmont’s obligations nor diminish or alter Newmont’s rights. With respect to any Services to be performed by Supplier, such Services are unique and, therefore, Supplier may not subcontract any portion of its performance thereof to any third party without the prior written consent of Newmont. If Newmont consents to Supplier’s use of a subcontractor for the performance of all or any portion of the Services, Supplier nevertheless is and shall remain fully responsible for compliance with all provisions of this Agreement by, and the acts and omissions of, such subcontractor and all of its personnel. In addition, Supplier shall ensure that each such subcontractor’s agreement requires the subcontractor specifically to comply with the provisions set forth in Sections 3.46 (Intellectual Property), 3.67 (Policies; Newmont Premises), 48 (Insurance), 8.19 (Indemnification) 10 (Status of Supplier; Taxes), 8.2, 8.3, 8.5, 9, 16, 23, 13 (Confidentiality; Data Security); and 2415 (Additional Covenants). This Agreement shall be binding upon and inure to the benefit of the parties’ respective successors and permitted assigns.