Common use of Assignment, Transfer and Sub-Contracting Clause in Contracts

Assignment, Transfer and Sub-Contracting. The Supplier shall not sub-contract, assign or transfer this Framework Agreement or any part thereof or the benefit or advantage of this Framework Agreement to any third party without the prior written consent of the relevant Framework Purchaser or LGOPC. In the event of such consent being given, the Supplier shall ensure that the sub-contractor is a reasonable and prudent supplier and that the sub-contractor shall carry out its obligations in accordance with the terms of this Framework Agreement. Notwithstanding the foregoing, the Supplier acknowledges that it remains fully liable and responsible for the provision of the Products and the acts and omissions of the sub-contractor as if they were its own. The Supplier shall also maintain during the term of this Framework Agreement and for 6 years thereafter records and documentation relating to the sub-contractor and the Products provided by it and shall make same available to the LGOPC upon request. Failure or neglect by any Framework Purchaser to enforce at any time any provision of this Framework Agreement or any Draw-down Contract shall not be construed or deemed to be a waiver of that Framework Purchaser’s rights hereunder, nor in any way affect the validity of the whole or any part of this Framework Agreement, nor prejudice the Framework Purchaser’s rights to take subsequent action.

Assignment, Transfer and Sub-Contracting. The Supplier shall not sub-contract, assign or transfer this Framework Agreement or any part thereof or the benefit or advantage of this Framework Agreement to any third party without the prior written consent of the relevant Framework Purchaser or LGOPC. In the event of such consent being given, the Supplier shall ensure that the sub-contractor is a reasonable and prudent supplier and that the sub-sub- contractor shall carry out its obligations in accordance with the terms of this Framework Agreement. Notwithstanding the foregoing, the Supplier acknowledges that it remains fully liable and responsible for the provision of the Products “Fuels” and the acts and omissions of the sub-contractor as if they were its own. The Supplier shall also maintain during the term of this Framework Agreement and for 6 years thereafter records and documentation relating to the sub-contractor and the Products “Fuels” provided by it and shall make same available to the LGOPC upon request. Failure or neglect by any Framework Purchaser to enforce at any time any provision of this Framework Agreement or any Draw-down Contract shall not be construed or deemed to be a waiver of that Framework Purchaser’s rights hereunder, nor in any way affect the validity of the whole or any part of this Framework Agreement, nor prejudice the Framework Purchaser’s rights to take subsequent action.

Assignment, Transfer and Sub-Contracting. The Supplier Service Provider shall not sub-contract, assign or transfer this Framework Agreement or any part thereof or the benefit or advantage of this Framework Agreement to any third party without the prior written consent of the relevant Framework Purchaser or LGOPCRMO. In the event of such consent being given, the Supplier Service Provider shall ensure that the sub-contractor is a reasonable and prudent supplier Service Provider and that the sub-contractor shall carry out its obligations in accordance with the terms of this Framework Agreement. Notwithstanding the foregoing, the Supplier Service Provider acknowledges that it remains fully liable and responsible for the provision of the Products and the acts and omissions of the sub-contractor as if they were its own. The Supplier Service Provider shall also maintain during the term of this Framework Agreement and for 6 years thereafter records and documentation relating to the sub-contractor and the Products provided by it and shall make same available to the LGOPC RMO upon request. Failure or neglect by any Framework Purchaser to enforce at any time any provision of this Framework Agreement or any Draw-down Contract shall not be construed or deemed to be a waiver of that Framework Purchaser’s rights hereunder, nor in any way affect the validity of the whole or any part of this Framework Agreement, nor prejudice the Framework Purchaser’s rights to take subsequent action.