AUTHORITY, ASSIGNMENT AND SUBCONTRACTS Sample Clauses
The 'Authority, Assignment and Subcontracts' clause defines the parties' rights and limitations regarding the delegation or transfer of contractual duties and the engagement of third parties. Typically, it specifies whether a party can assign its rights or obligations under the contract to another entity, and under what conditions subcontracting is permitted, such as requiring prior written consent. This clause ensures that control over key contractual relationships is maintained, preventing unauthorized transfers or delegations that could affect performance or risk allocation.
AUTHORITY, ASSIGNMENT AND SUBCONTRACTS. 11.1 In matters of proposals, negotiations, contracts, and resolution of issues and/or disputes, the parties agree that Contractor represents all contractors, third parties, and/or subcontractors Contractor has assembled for any given Customer project. The Customer is required to negotiate only with Contractor, as Contractor’s commitments are binding on all proposed contractors, third parties, and subcontractors.
11.2 Neither Customer nor Contractor may assign or otherwise transfer the Purchase Order and this Master Agreement or its obligations hereunder without the prior written consent of the other party, which consent shall not be unreasonably withheld. Any attempted assignment or transfer of its obligations without such consent shall be null and void. The Purchase Order and this Master Agreement shall be binding upon the parties’ respective successors and assigns.
11.3 Contractor must obtain the written approval of Customer before subcontracting any portion of the Purchase Order and this Master Agreement. No such approval by Customer of any subcontract shall be deemed in any way to provide for the incurrence of any obligation of Customer in addition to the total fixed price agreed upon in the Purchase Order. All subcontracts shall incorporate the terms of the applicable Purchase Order and this Master Agreement and shall be subject to the terms and conditions of same and to any conditions of approval that Customer may deem necessary.
11.4 Contractor represents and warrants that any subcontract agreement Contractor enters into shall contain a provision advising the subcontractor that the subcontractor shall have no lien and no legal right to assert control over any funds held by the Customer, and that the subcontractor acknowledges that no privity of contract exists between the Customer and the subcontractor and that Contractor is solely liable for any and all payments which may be due to the subcontractor pursuant to its subcontract agreement with Contractor. Contractor shall indemnify and hold harmless the State from and against any and all claims, demands, liabilities, suits, actions, damages, losses, costs and expenses of every kind and nature whatsoever arising as a result of Contractor’s failure to pay any and all amounts due by Contractor to any subcontractor, materialman, laborer or the like.
11.5 All subcontractors shall be bound by any negotiation, arbitration, appeal, adjudication or settlement of any dispute between Contractor and the Custome...
AUTHORITY, ASSIGNMENT AND SUBCONTRACTS. 16.1 In matters of proposals, negotiations, contracts, and resolution of issues and/or disputes, the parties agree that Seller represents all contractors, third parties, and/or subcontractors Seller has assembled for any given Purchaser project. The Purchaser is only required to negotiate with Seller, as Seller’s commitments are binding on all proposed contractors, third parties, and subcontractors.
16.2 Neither party to a supplement and/or purchase order and this EPL Agreement may assign or otherwise transfer the supplement and/or purchase order and this EPL Agreement or its obligations hereunder without the prior written consent of the other party, which consent shall not be unreasonably withheld. Any attempted assignment or transfer of its obligations without such consent shall be null and void. The supplement and/or purchase order and this EPL Agreement shall be binding upon the parties’ respective successors and assigns.
16.3 Seller must obtain the written approval of Purchaser before subcontracting any portion of the supplement and/or purchase order and this EPL Agreement. No such approval by Purchaser of any subcontract shall be deemed in any way to provide for the incurrence of any obligation of Purchaser in addition to the total fixed price agreed upon in the supplement and/or purchase