CONTINGENT ASSIGNMENT OF SUBCONTRACT Sample Clauses

CONTINGENT ASSIGNMENT OF SUBCONTRACT. 4.3.1 If this Agreement is terminated, each subcontract agreement shall be assigned by Consultant to Owner, subject to the prior rights of any surety, provided that: (a) this Agreement is terminated by Owner pursuant to sections 9.2 or 9.3; and (b) Owner accepts such assignment, after termination by notifying the Subcontractor and Consultant in writing, and assumes all rights and obligations of Consultant pursuant to each subcontract agreement. The Owner does not assume responsibility for any of Consultant’s obligations existing prior to the date of assumption unless expressly agreed to in writing. 4.3.2 If Owner accepts such an assignment, and the Services have been suspended for more than thirty (30) consecutive Days, following termination, if appropriate, the Subcontractor's compensation shall be equitably adjusted as a result of the suspension.
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CONTINGENT ASSIGNMENT OF SUBCONTRACT. The Contractor's contingent assignment of the Subcontract to the Owner, as provided in the Contractor's Contract with the Owner, is effective when the Owner has terminated the Contract for cause and has accepted the assignment by notifying the Subcontractor in writing. This contingent assignment is subject to the prior rights of a surety that may be obligated under the Contractor's bond, if any. The Subcontractor consents to such assignment and agrees to be bound to the assignee by the terms of this Subcontract.
CONTINGENT ASSIGNMENT OF SUBCONTRACT. Subcontractor agrees that this Subcontract is assigned by the Contractor to the Owner provided that: 1) the assignment is effective only after termination of the Owner/Contractor Contract by the Owner for cause, and 2) the Owner notifies the Subcontractor and Contractor in writing of the Owner’s exercise of the assignment, and 3) the assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Owner/Contractor Contract.
CONTINGENT ASSIGNMENT OF SUBCONTRACT. 5.3.1 If this Agreement is terminated, each subcontract agreement shall be assigned by the Design-Builder to the Commission, subject to the prior rights of any surety, provided that: 5.3.1.1 this Agreement is terminated by the Commission pursuant to Article 19 of Book 2; and 5.3.1.2 the Commission accepts such assignment, after termination by notifying Subcontractor and Design-/Builder in writing, and assumes all rights and obligations of the Design-Builder pursuant to each subcontract agreement. 5.3.2 If the Commission accepts such assignment and the Work has been suspended for more than thirty (30) consecutive Days, following termination, if appropriate, the Subcontractor’s compensation shall be equitably adjusted as a result of the suspension.
CONTINGENT ASSIGNMENT OF SUBCONTRACT. CH2M HILL’s contingent assignment of this Subcontract to Owner, if provided in the Prime Contract, is effective when Owner has terminated the Prime Contract for cause and has accepted the assignment by notifying Subcontractor in writing. This contingent assignment is subject to the prior rights of a surety that may be obligated under CH2M HILL’s bond, if any. Subcontractor consents to such assignment and agrees to be bound to the assignee by the terms of this Subcontract.
CONTINGENT ASSIGNMENT OF SUBCONTRACT. 4.5.1 If this Agreement is terminated, each subcontract agreement shall be assigned by Private Entity to Owner, subject to the prior rights of any surety, provided that: 4.5.1.1 this Agreement is terminated by Owner; 4.5.1.2 Owner accepts such assignment after termination by providing written notice to Private Entity and Subcontractor or Supplier; and 4.5.1.3 Owner assumes all rights and obligations of Private Entity pursuant to each subcontract or supply agreement, subject to the provisions of Sections 4.5.2 and 4.5.3. 4.5.2 PRIVATE ENTITY’S RESPONSIBILITIES TO SUBCONTACTOR AFTER ASSIGNMENT. Private Entity’s responsibilities for an assigned subcontract shall cease, except that Private Entity shall remain liable to such Subcontractor for (i) any payments received by Private Entity for Work performed by such Subcontractor and not paid over to such Subcontractor, and (ii) any claims arising from or related to the acts or omissions of the Private Entity with respect to such Subcontractor. Owner shall have no liability to any assigned Subcontractor for liabilities that remain with Private Entity, but if the Owner deems it reasonably necessary to resolve such claims for the good of the Project and Private Entity fails to resolve such claims within ten (10) Days’ written notice to Private Entity, then Private Entity shall indemnify Owner for all costs, including reasonable attorney’s and consultant’s fees incurred by the Owner in resolving such claims, all of which shall constitute costs to complete the Private Entity’s performance. 4.5.3 If Owner accepts such an assignment, and the Work has been suspended for more than thirty (30) consecutive Days, following termination, if appropriate, Subcontractor’s or Supplier’s compensation shall be equitably adjusted as a result of the suspension, and Private Entity shall be responsible for the costs of such equitable adjustment except to the extent the suspension was due to the fault or neglect of the Owner.
CONTINGENT ASSIGNMENT OF SUBCONTRACT. 5.3.1 If this Agreement is terminated, each subcontract agreement shal l be assigned by the Design- Builder to the Owner, subject to the prior rights of any surety, provided that: 5.3.1.1 this Agreement is terminated by the Owner pursuant to sections 12.2 or 12.3; and 5.3.1.2 the Owner accepts such assignment, after termination by notifying the Subcontractor and the Design-Builder in writing, and assumes all rights and obligations of the Design-Builder pursuant to each subcontract agreement. 5.3.2 If the Owner accepts such an assignment, and the Work has been suspended for more than thirty (30) consecutive Days, following termination, if appropriate, the Subcontractor's compensation shall be equitably adjusted as a result of the suspension.
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CONTINGENT ASSIGNMENT OF SUBCONTRACT. 5.3.1 If this Agreement is terminated, each subcontract agreement shall be assigned by Design- Builder to Owner, subject to the prior rights of any surety, provided that: 5.3.1.1 this Agreement is terminated by Owner pursuant to §12.3 or §12.4; and 5.3.1.2 Owner accepts such assignment, after termination by notifying in writing Design-Builder and Subcontractor or Design-Builder and Supplier, and assumes all rights and obligations of Design-Builder pursuant to each subcontract or supply agreement. Owner does not accept any obligations incurred by Design-Builder before the termination of this Agreement. 5.3.2 If Owner accepts such an assignment, and the Work has been suspended for more than thirty
CONTINGENT ASSIGNMENT OF SUBCONTRACT. 5.3.1 No assignment by the Contractor of any amount or any part of the Contract or of the funds to be received thereunder will be recognized unless such assignment has had the written approval of the Owner, and the surety has been given due notice of such assignment and has furnished written consent hereto. In addition to the usual recitals in assignment Contracts, the following language must be set forth: “it is agreed that the funds to be paid to the assignee under this assignment are subject to performance by the Contractor of the contract and to claims and to liens for services rendered or materials supplied for the performance of the Work called for in said contract in favor of all persons, firms or corporations rendering such services or supplying such materials.”
CONTINGENT ASSIGNMENT OF SUBCONTRACT. The CMAR hereby assigns a portion of the work to the Owner any subcontracts held by the CMAR provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.1 and only for those subcontracts which the Owner accepts by notifying the Subcontractor in writing; and .2 assignment is subject to the prior rights of the Surety, if any, obligated under the bond required by the Contract.
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