Common use of CONTRACT PERFORMANCE/ENFORCEMENT Clause in Contracts

CONTRACT PERFORMANCE/ENFORCEMENT. ‌ 19 North Sound BH-ASO shall be vested with the rights of a third-party beneficiary, including 20 the "cut through" right to enforce performance should Contractor be unwilling or unable 21 to enforce action on the part of its/their subcontractor(s). In the event the Contractor 22 dissolves or otherwise discontinues operations, North Sound BH-ASO may, at its sole 23 option, assume the right to enforce the terms and conditions of this Contract directly 24 with Contractor. Contractor shall include this clause in their contracts with their 25 subcontractors. In the event of the dissolution of Contractor, North Sound BH-ASO’s 26 rights in indemnification shall survive.

CONTRACT PERFORMANCE/ENFORCEMENT. ‌ 19 34 North Sound BH-ASO shall be vested with the rights of a third-party beneficiary, including 20 35 the "cut through" right to enforce performance should Contractor Provider be unwilling or unable 21 to 36 enforce action on the part of its/their subcontractor(s). In the event the Contractor 22 Provider 37 dissolves or otherwise discontinues operations, North Sound BH-ASO may, at its sole 23 38 option, assume the right to enforce the terms and conditions of this Contract directly 24 39 with ContractorProvider. Contractor Provider shall include this clause in their contracts with their 25 40 subcontractors. In the event of the dissolution of ContractorProvider, North Sound BH-ASO’s 26 rights 41 in indemnification shall survive.. 42

CONTRACT PERFORMANCE/ENFORCEMENT. ‌ 19 35 North Sound BH-ASO shall be vested with the rights of a third-party beneficiary, including 20 36 the "cut through" right to enforce performance should Contractor be unwilling or unable 21 37 to enforce action on the part of its/their its subcontractor(s). In the event the Contractor 22 dissolves or 38 otherwise discontinues operations, North Sound BH-ASO may, at its sole 23 option, assume 39 the right to enforce the terms and conditions of this Contract Agreement directly 24 with Contractor’s 40 subcontractors; provided, that North Sound BH-ASO shall keep Contractor reasonably 41 informed concerning such enforcement. Contractor shall include this clause in their its 42 contracts with their 25 its subcontractors. In the event of the dissolution of Contractor, North 43 Sound BH-ASO’s 26 rights in indemnification shall survive.