Common use of NONASSIGNMENT Clause in Contracts

NONASSIGNMENT. Contractor shall not, voluntarily or by operation of law, assign, pledge, or subcontract this Agreement or any part of this Agreement, or the Work to be performed hereunder, without the prior written consent of Owner. The parties hereto expressly recognize this Agreement to be a “Personal Services Agreement,” and Owner relies expressly on the personal abilities of Contractor. Any whole or partial sale of stock or assets of Contractor shall be deemed an assignment hereunder, and Owner may terminate this Agreement immediately at its option upon any such assignment or sale, or attempted assignment or sale of stock or assets of Contractor or upon the subcontracting of this Agreement or any portion thereof; provided, however, if Contractor is responsible for the transportation of coal under this Agreement, nothing contained in this paragraph shall prevent or prohibit Contractor from subcontracting in the usual way the transportation of coal hereunder. In the event Owner consents to one or more assignments or subcontracts pertaining to this Agreement, such consent shall not be construed as waiving the requirements of obtaining written consent to additional assignments or subcontracts pertaining to this Agreement, nor shall any consent to assignment or subcontract relieve Contractor of any of its obligations made hereunder or herewith.

Appears in 6 contracts

Samples: Amended and Restated Contract Mining Agreement (Foresight Energy LP), Contract Mining Agreement (Foresight Energy LP), Amended and Restated Contract Mining Agreement (Foresight Energy LP)

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NONASSIGNMENT. Contractor shall not, voluntarily or by operation of law, assign, pledge, or subcontract this Agreement or any part of this Agreement, or the Work to be performed hereunderServices, without the prior written consent of OwnerOperator which may be withheld for any reason, or no reason. The parties hereto expressly recognize this Agreement to be a “Personal Services Agreement,” and Owner relies Operator is relying expressly on the personal abilities of Contractor. Any whole or partial sale of the stock or assets of Contractor shall be deemed an assignment hereunder, and Owner Operator may terminate this Agreement immediately at its option upon any such assignment or sale, or attempted assignment or sale sale, of such stock or assets of Contractor or upon the assignment, pledge or subcontracting of this Agreement or any portion thereof; provided, however, if Contractor is responsible for the transportation of coal under this Agreement, nothing contained in this paragraph shall prevent or prohibit Contractor from subcontracting in the usual way the transportation of coal hereunder. In the event Owner Operator consents to one or more assignments assignments, pledges or subcontracts pertaining to this Agreement, such consent shall not be construed as waiving the requirements of obtaining written consent to additional assignments assignments, pledges or subcontracts pertaining to this Agreement, nor shall and any such consent to assignment any assignment, pledge or subcontract shall not relieve Contractor of any of its obligations made hereunder or herewith.

Appears in 2 contracts

Samples: And Refuse Disposal Agreement (Foresight Energy LP), Processing and Refuse Disposal (Foresight Energy LP)

NONASSIGNMENT. Contractor shall not, voluntarily or by operation of law, assign, pledge, or subcontract this Agreement or any part of this Agreement, or the Work work to be performed hereunder, without the prior written consent of Owner. The parties hereto expressly recognize this Agreement to be a “Personal Services Agreement,” and Owner relies expressly on the personal abilities of Contractor. Any whole or partial sale of stock or assets of Contractor shall be deemed an assignment hereunder, and Owner may terminate this Agreement immediately at its option upon any such assignment or sale, or attempted assignment or sale of stock or assets of Contractor or upon the subcontracting of this Agreement or any portion thereof; provided, however, if Contractor is responsible for the transportation of coal under this Agreement, nothing contained in this paragraph shall prevent or prohibit Contractor from subcontracting in the usual way the transportation of coal hereunder. In the event Owner consents to one or more assignments or subcontracts pertaining to this Agreement, such consent shall not be construed as waiving the requirements of obtaining written consent to additional assignments or subcontracts pertaining to this Agreement, nor shall any consent to assignment or subcontract relieve Contractor of any of its obligations made hereunder or herewith.

Appears in 1 contract

Samples: Processing and Loading Agreement (Foresight Energy LP)

NONASSIGNMENT. Contractor shall not, voluntarily or by operation of law, assign, pledge, or subcontract this Agreement or any part of this Agreement, or the Work to be performed hereunderServices, without the prior written consent of OwnerOperator which may be withheld for any reason, or no reason. The parties hereto expressly recognize this Agreement to be a “Personal Services Agreement,” and Owner relies Operator is relying expressly on the personal abilities of Contractor. Any whole or partial sale of the stock or assets of Contractor shall be deemed an assignment hereunder, and Owner Operator may terminate this Agreement immediately at its option upon any such assignment or sale, or attempted assignment or sale sale, of such stock or assets of Contractor or upon the assignment, pledge or subcontracting of this Agreement or any portion thereof; provided, however, if Contractor is responsible for the transportation of coal under this Agreement, nothing contained in this paragraph shall prevent or prohibit Contractor from subcontracting in the usual way the transportation of coal hereunder. In the event Owner Operator consents to one or more assignments assignments, pledges or subcontracts pertaining to this Agreement, such consent shall not be construed as waiving the requirements of obtaining written consent to additional assignments assignments, pledges or subcontracts pertaining to this Agreement, nor shall and any such consent to assignment any assignment, pledge or subcontract shall not relieve Contractor of any of its obligations made hereunder or herewith.

Appears in 1 contract

Samples: And Refuse Disposal Agreement (Foresight Energy LP)

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NONASSIGNMENT. Contractor shall not, voluntarily or by operation of law, assign, pledge, or subcontract this Agreement or any part of this Agreement, or the Work to be performed hereunderServices, without the prior written consent of OwnerOperator which may be withheld for any reason, or no reason. The parties hereto expressly recognize this Agreement to be a “Personal Services Agreement,.” and Owner relies Operator is relying expressly on the personal abilities of Contractor. Contractor Any whole or partial sale of the stock or assets of Contractor shall be deemed an assignment hereunder, and Owner Operator may terminate this Agreement immediately at its option upon any such assignment or sale, or attempted assignment or sale sale, of such stock or assets of Contractor or upon the assignment, pledge or subcontracting of this Agreement or any portion thereof; provided, however, if Contractor is responsible for the transportation of coal under this Agreement, nothing contained in this paragraph shall prevent or prohibit Contractor from subcontracting in the usual way the transportation of coal hereunder. In the event Owner Operator consents to one or more assignments assignments, pledges or subcontracts pertaining to this Agreement, such consent shall not be construed as waiving the requirements of obtaining written consent to additional assignments assignments, pledges or subcontracts pertaining to this Agreement, nor shall and any such consent to assignment any assignment, pledge or subcontract shall not relieve Contractor of any of its obligations made hereunder or herewith.

Appears in 1 contract

Samples: Processing and Refuse Disposal Agreement (Foresight Energy LP)

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