Contingent Assignment. To the extent that the Contract Documents require that Subcontractor contingently assign this Subcontract Agreement to Owner and/or Owner's Lender (such as upon event of termination of Design-Builder), Subcontractor agrees to such assignment.
Contingent Assignment. The Contractor’s contingent assignment of this Subcontract to the Public Authority, as provided in the Contract, is effective after termination of the Contractor by the Public Authority and the Public Authority’s acceptance of the assignment in writing to the Subcontractor. The Subcontractor consents to the assignment and shall be bound at the same price and terms as in the Subcontract to the Public Authority. Unless the Public Authority takes assignment of the Subcontract, the Subcontractor will not have any contractual rights against the Public Authority.
Contingent Assignment. Each subcontract agreement to the extent applicable to the Work and for the applicable portion of the Work is hereby assigned by the Contractor to the Owner provided that:
14.4.1 the assignment is effective only after termination of this Agreement by the Owner or expiry of the Warranty Periods and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor in writing;
14.4.2 [intentionally deleted]
14.4.3 upon such assignment becoming effective, all of the rights of the Contractor under the subcontract shall be assigned to the Owner and the Subcontractor shall perform its duties and obligations thereunder, provided that the Owner or its designee makes payment of any amounts due thereunder as and when due and payable with respect to the same, less such amounts as therefore paid by the Owner to the Contractor applicable to the subcontract.
14.4.4 The Contractor shall execute and deliver to the Owner any instruments reasonably required by the Owner to confirm and evidence any of the preceding contingent assignments. The Contractor shall also make available for the Owner’s inspection true and correct copies of the executed subcontracts during regular business hours. In the event that after using its Commercially Reasonable Efforts to give effect to the foregoing provisions of this Section 14.4 the Contractor is unable to contingently assign a subcontract to the Owner as provided in this Section 14.4:
14.4.5 each such subcontract (a “Non-Assigned Contract”) will be deemed not to have been contingently assigned by the Contractor to the Owner under this Agreement;
14.4.6 in event of the termination of this Agreement or expiry of the Warranty Periods, the Contractor shall upon Notice from the Owner, and to the extent applicable to the Work, hold the Non- Assigned Contract for the exclusive benefit of the Owner;
14.4.7 the Contractor shall, at the request and expense and under the direction of the Owner, acting reasonably, do all things or cause all things to be done that the Owner, acting reasonably, considers necessary or desirable to perform the obligations of the Contractor under the Non-Assigned Contracts in a manner that preserves the value of the rights, remedies and benefits under the Non-Assigned Contract and ensures that those rights, remedies and benefits will enure to the benefit of the Owner, and ensure that all services, amounts and other consideration receivable under the Non-Assigned Contracts will be received by the...
Contingent Assignment. Effective immediately upon the consummation of the Merger (as defined in that certain Agreement and Plan of Merger, dated as of June 3, 2021, by and among Sphere, Sphere GDM Corp. and Gryphon, as amended from time to time (the “Merger Agreement”)), all of Gryphon’s rights and obligations under Order 2 shall be automatically assigned to, and assumed by, the Surviving Corporation (as defined in the Merger Agreement), without any further action required by either such party.
Contingent Assignment. The Client is seeking candidates but is not necessarily seeking an exclusive approach. The fee is as per the Standard Fee Structure.
Contingent Assignment. The subcontract form shall contain a provision providing for the assignment of the subcontract to the Owner, at the Owner’s option, upon the termination of the Construction Manager’s contract and written notice to the Subcontractor.
Contingent Assignment. Preference Request
Contingent Assignment. Seniority Criteria
1. Seniority Level I, II, and III Adjunct Faculty will be offered one (1) course.
2. Level IV Adjunct Faculty will be offered a second course.
3. Level IV Adjunct Faculty will be offered a third course.
4. Level III Adjunct Faculty will be offered a second course.
5. Level III Adjunct Faculty will be offered a third course.
6. Level II Adjunct Faculty will be offered a second course.
7. Level I Adjunct Faculty will be offered a second course.
8. Further classes will be offered at the discretion of the Xxxx, including non-unit and unit adjunct faculty members.
9. Deans will make their best effort to meet the requests of unit adjunct faculty.
10. In rare instances, upon agreement between the Association and the Board, pedagogical or operational needs will supersede class preference/class assignments and this section will not apply.
Contingent Assignment. Effective as of any termination of the Agreement, Contractor hereby assigns to Owner all of Contractor's interest in those subcontracts and purchase orders entered into by Contractor prior to termination if the Owner specifically requests such an assignment by Written Notice. All Subcontractors and Purchase Orders shall provide that they are freely assignable by Contractor to the Owner and its assigns. Owner shall be at liberty to negotiate with and engage (for itself) any Subcontractors, Suppliers, or others that Contractor dealt with prior to termination.
Contingent Assignment. Each subcontract or consulting agreement for a portion of the Work or the services is assigned by CM/GC or Architect to Owner provided that:
34.5.1. Assignment is effective only after termination of the Agreement by Owner for cause and only for those agreements which Owner accepts by notifying the Subcontractor or Consultant in writing; and
34.5.2. Assignment is subject to the prior rights of the surety, if any, obligated under a bond relating to the Agreement. Upon such assignment, if the Work has been suspended for more than thirty (30) days, the compensation shall be equitably adjusted for increases in cost resulting solely from the suspension, provided such suspension is not a result of the act or omission of Subcontractor, Supplier, or Architect's Consultant.
