RIGHT TO CONTRACT WITH THIRD PARTIES. Nothing herein shall be deemed to grant the Provider an exclusive right to provide services to the Recipient, and the Recipient retains the right to contract with any third party, affiliated or unaffiliated, for the performance of services or for the use of facilities as are available to or have been requested by the Recipient pursuant to this Agreement. The Providers, with the Recipient’s consent, shall have the right to subcontract with any third party, affiliated or unaffiliated, for the performance of services requested by the Recipient provided that the Provider shall remain responsible for the performance of services by any such subcontractors in accordance with the terms of this Agreement; and provided further that the charges for any such services subcontracted to an affiliate shall be determined on the basis described in Section 3. With respect to significant services that are subcontracted, this Agreement shall be amended and filed with the New York Insurance Department for appointing/changing a subcontractor or changing subcontractor services.
Appears in 9 contracts
Samples: Administrative Services Agreement (First Investors Life Variable Annuity Fund C), Administrative Services Agreement (First Investors Life Separate Account E), Administrative Services Agreement (First Investors Life Separate Account E)
RIGHT TO CONTRACT WITH THIRD PARTIES. Nothing herein shall be deemed to grant the Provider either party an exclusive right to provide services Services to the Recipientother party, and the Recipient each party receiving Services retains the right to contract with any third party, affiliated or unaffiliated, for the performance of services or for the use of facilities as are available to or have been requested by the Recipient pursuant to this Agreement. The Providers, Each party with the Recipientother party’s consent, shall have the right to subcontract with any third party, affiliated affiliate or unaffiliated, for the performance of services requested by the Recipient party provided that the Provider such party shall remain responsible for the performance of services by any such subcontractors in accordance with the terms of this Agreement; and provided further that the charges for any such services subcontracted to an affiliate shall be determined on the basis bases described in Section 3the Agreement. With respect to significant services that are subcontracted, this Agreement shall be amended and filed with the New York Insurance Department for appointing/changing a subcontractor or changing subcontractor services.
Appears in 4 contracts
Samples: Service and Subcontracting Agreement (Tiaa Separate Account Va-3), Service and Subcontracting Agreement (Tiaa Cref Life Separate Account Va-1), Service and Subcontracting Agreement (College Retirement Equities Fund)
RIGHT TO CONTRACT WITH THIRD PARTIES. Nothing herein shall be deemed to grant the Provider Servicer an exclusive right to provide services to the RecipientCompany, and the Recipient Company retains the right to (i) contract with any third party, affiliated or unaffiliated, for the performance performance_ of services or for the use of facilities as are available to or have been requested by the Recipient Company pursuant to this AgreementAgreement or to (ii) perform the services itself. The ProvidersServicer, with the Recipient’s Company's written consent, shall have the right to subcontract with any third party, affiliated affiliate or unaffiliated, for the performance of services requested by the Recipient Company provided that the Provider Servicer shall remain responsible for the performance of services by any such subcontractors in accordance with the terms of this Agreement; and provided further that the charges for any such services subcontracted to an affiliate shall be determined on the basis described in Section 310. With respect to significant services that are subcontracted, this Agreement shall be amended and filed with the New York Insurance Department for appointing/changing a subcontractor or changing subcontractor services.
Appears in 4 contracts
Samples: Service Agreement (Allianz Life of Ny Variable Account C), Service Agreement (Allianz Life of Ny Variable Account C), Service Agreement (Allianz Life of Ny Variable Account C)
RIGHT TO CONTRACT WITH THIRD PARTIES. Nothing herein shall be deemed to grant the Provider Servicer an exclusive right to provide services to the RecipientCompany, and the Recipient Company retains the right to (i) contract with any third party, affiliated or unaffiliated, for the performance of services or for the use of facilities as are available to or have been requested by the Recipient Company pursuant to this AgreementAgreement or to (ii) perform the services itself. The ProvidersServicer, with the RecipientCompany’s written consent, shall have the right to subcontract with any third party, affiliated affiliate or unaffiliated, for the performance of services requested by the Recipient Company provided that the Provider Servicer shall remain responsible for the performance of services by any such subcontractors in accordance with the terms of this Agreement; and provided further that the charges for any such services subcontracted to an affiliate shall be determined on the basis described in Section 310. With respect to significant services that are subcontracted, this Agreement shall be amended and filed with the New York Insurance Department for appointing/changing a subcontractor or changing subcontractor services.
Appears in 2 contracts
Samples: Service Agreement (Allianz Life of Ny Variable Account C), Service Agreement (Allianz Life of Ny Variable Account C)