Common use of OTHER BENEFICIARIES Clause in Contracts

OTHER BENEFICIARIES. 9.1 The Parties agree that: 9.1.1 each Other Beneficiary shall: (a) be entitled to benefit from the performance of the Supplier's obligations under this Contract to the same extent as the Authority is entitled to do so under the terms of this Contract (as if a Party) provided that, subject to Clause 9.1.3, each Other Beneficiary shall not itself be entitled to enforce any rights it has under this Contract nor bring any Claim against the Supplier; and (b) be a third party beneficiary for the purposes of the Contracts (Rights of Third Parties) Act 1999; 9.1.2 the Authority shall use reasonable endeavours to procure that any Claim that any Other Beneficiary has under this Contract against the Supplier is assigned by that Other Beneficiary to the Authority and managed by the Authority. The Supplier agrees: (a) that such Claims may be so assigned and managed; and (b) in the circumstances contemplated under Clause 9.1.2(a), the Authority shall (subject to Clause 57) be entitled to recover Losses suffered by any Other Beneficiary to the same extent that such Losses would be recoverable from the Supplier under this Contract had they been suffered by the Authority, notwithstanding that such Losses may not have been suffered by the Authority; 9.1.3 to the extent that the Authority is unable to procure assignment of a Claim in accordance with Clause 9.1.2 (having complied with Clause 9.1.2), the relevant Other Beneficiary shall be entitled to bring such Claim under this Contract directly against the Supplier, as if that Other Beneficiary was the Authority (and the Authority shall provide reasonable notice to the Supplier to the extent it is aware of the intention of the Other Beneficiary to bring such Claim); 9.1.4 subject to Clauses 9.1.2 and 9.1.3, the Authority shall be entitled to enforce the terms of this Contract against the Supplier in relation to the performance or non performance of the Supplier's obligations set out in this Contract to an Other Beneficiary; and 9.1.5 an Other Beneficiary shall have no authority to agree changes to, or to waive any breach of, this Contract.

OTHER BENEFICIARIES. 9.1 The Parties agree that: 9.1.1 each Other Beneficiary shall: (a) be entitled to benefit from the performance of the Supplier's obligations under this Contract to the same extent as the Authority is entitled to do so under the terms of this Contract (as if a Partyparty) provided that, subject to Clause 9.1.3, each Other Beneficiary shall not itself be entitled to enforce any rights it has under this Contract nor bring any Claim against the Supplier; and; (b) be a third party beneficiary for the purposes of the Contracts (Rights of Third Parties) Act 1999; 9.1.2 the Authority shall use reasonable endeavours to procure that any Claim that any Other Beneficiary has under this Contract against the Supplier is assigned by that Other Beneficiary to the Authority and managed by the Authority. The Supplier agrees: (a) that such Claims may be so assigned and managed; and (b) in the circumstances contemplated under Clause 9.1.2(a), the Authority shall (subject to Clause 57) be entitled to recover Losses suffered by any Other Beneficiary to the same extent that such Losses would be recoverable from the Supplier under this Contract had they been suffered by the Authority, notwithstanding that such Losses may not have been suffered by the Authority; 9.1.3 to the extent that the Authority is unable to procure assignment of a Claim in accordance with Clause 9.1.2 (having complied with Clause 9.1.2), the relevant Other Beneficiary shall be entitled to bring such Claim under this Contract directly against the Supplier, as if that Other Beneficiary was the Authority (and the Authority shall provide reasonable notice to the Supplier to the extent it is aware of the intention of the Other Beneficiary to bring such Claim); 9.1.4 subject to Clauses 9.1.2 and 9.1.3, the Authority shall be entitled to enforce the terms of this Contract against the Supplier in relation to the performance provision of, or non performance of failure to provide, the Supplier's obligations set out in this Contract Services to an Other Beneficiary; and 9.1.5 an Other Beneficiary shall have no authority to agree changes to, or to waive any breach of, this Contract.

OTHER BENEFICIARIES. 9.1 8.1 The Parties agree that: 9.1.1 8.1.1 each Other Beneficiary shall: (a) be entitled to benefit from the performance of the Supplier's obligations under this Contract to the same extent as the Authority is entitled to do so under the terms of this Contract (as if a Party) provided that, subject to Clause 9.1.38.1.3, each Other Beneficiary shall not itself be entitled to enforce any rights it has under this Contract nor bring any Claim against the Supplier; and (b) be a third party beneficiary for the purposes of the Contracts (Rights of Third Parties) Act 1999; 9.1.2 8.1.2 the Authority shall use reasonable endeavours to procure that any Claim that any Other Beneficiary has under this Contract against the Supplier is assigned by that Other Beneficiary to the Authority and managed by the Authority. The Supplier agrees: (a) that such Claims may be so assigned and managed; and (b) in the circumstances contemplated under Clause 9.1.2(a8.1.2(a), the Authority shall (subject to Clause 5756) be entitled to recover Losses suffered by any Other Beneficiary to the same extent that such Losses would be recoverable from the Supplier under this Contract had they been suffered by the Authority, notwithstanding that such Losses may not have been suffered by the Authority; 9.1.3 8.1.3 to the extent that the Authority is unable to procure assignment of a Claim in accordance with Clause 9.1.2 8.1.2 (having complied with Clause 9.1.28.1.2), the relevant Other Beneficiary shall be entitled to bring such Claim under this Contract directly against the Supplier, as if that Other Beneficiary was the Authority (and the Authority shall provide reasonable notice to the Supplier to the extent it is aware of the intention of the Other Beneficiary to bring such Claim); 9.1.4 8.1.4 subject to Clauses 9.1.2 8.1.2 and 9.1.38.1.3, the Authority shall be entitled to enforce the terms of this Contract against the Supplier in relation to the performance or non performance of the Supplier's obligations set out in this Contract to an Other Beneficiary; and 9.1.5 8.1.5 an Other Beneficiary shall have no authority to agree changes to, or to waive any breach of, this Contract. 8.2 For the avoidance of doubt, where no Other Beneficiaries are included within the scope of this Contract whether by being specifically identified at the "Other Beneficiary" definition in Schedule 1 or by agreement of the Parties in accordance with that definition, any other references within the provisions of this Contract to an "Other Beneficiary" or "Other Beneficiaries" have no effect.

OTHER BENEFICIARIES. 9.1 The Parties agree that: 9.1.1 each Other Beneficiary shall: (a) be entitled to benefit from the performance of the SupplierGrantee's obligations under this Contract Agreement to the same extent as the Authority is Welsh Ministers are entitled to do so under the terms of this Contract Agreement (as if a Party) provided that, subject to Clause 9.1.3, each Other Beneficiary shall not itself be entitled to enforce any rights it has under this Contract Agreement nor bring any Claim against the SupplierGrantee; and (b) be a third party beneficiary for the purposes of the Contracts (Rights of Third Parties) Act 1999; 9.1.2 the Authority Welsh Ministers shall use reasonable endeavours to procure that any Claim that any Other Beneficiary has under this Contract Agreement against the Supplier Grantee is assigned by that Other Beneficiary to the Authority Welsh Ministers and managed by the AuthorityWelsh Ministers. The Supplier Grantee agrees: (a) that such Claims may be so assigned and managed; and (b) in the circumstances contemplated under Clause 9.1.2(a), the Authority Welsh Ministers shall (subject to Clause 57) be entitled to recover Losses suffered by any Other Beneficiary to the same extent that such Losses would be recoverable from the Supplier Grantee under this Contract Agreement had they been suffered by the AuthorityWelsh Ministers, notwithstanding that such Losses may not have been suffered by the AuthorityWelsh Ministers; 9.1.3 to the extent that the Authority is Welsh Ministers are unable to procure assignment of a Claim in accordance with Clause 9.1.2 (having complied with Clause 9.1.2), the relevant Other Beneficiary shall be entitled to bring such Claim under this Contract Agreement directly against the SupplierGrantee, as if that Other Beneficiary was the Authority Welsh Ministers (and the Authority Welsh Ministers shall provide reasonable notice to the Supplier Grantee to the extent it is they are aware of the intention of the Other Beneficiary to bring such Claim); 9.1.4 subject to Clauses 9.1.2 and 9.1.3, the Authority Welsh Ministers shall be entitled to enforce the terms of this Contract Agreement against the Supplier Grantee in relation to the performance or non performance of the SupplierGrantee's obligations set out in this Contract Agreement to an Other Beneficiary; and 9.1.5 an Other Beneficiary shall have no authority to agree changes to, or to waive any breach of, this ContractAgreement. 9.2 For the avoidance of doubt, where no Other Beneficiaries are included within the scope of this Agreement whether by being specifically identified at the "Other Beneficiary" definition in Schedule 1 or by agreement of the Parties in accordance with that definition, any other references within the provisions of this Agreement to an "Other Beneficiary" or "Other Beneficiaries" have no effect.