RIGHT TO CONTRACT WITH THIRD PARTIES. Nothing herein shall be deemed to grant either party an exclusive right to provide Services to the other party, and 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 pursuant to this Agreement. Each party with the other party’s consent, shall have the right to subcontract with any third party, affiliate or unaffiliated, for the performance of services requested by the party provided that 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 bases described in the Agreement. With respect to significant services that are subcontracted, this Agreement shall be amended and filed with the 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 either party an exclusive right to provide Services to the other party, and 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 pursuant to this Agreement. Each party with the other party’s consent, shall have the right to subcontract with any third party, affiliate or unaffiliated, for the performance of services requested by the party provided that 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 bases described in the Agreement. With respect to significant services that are subcontracted, this Agreement shall be amended and filed with the Department for appointing/changing a subcontractor or changing subcontractor services. 10.
Appears in 1 contract
Samples: Service and Subcontracting Agreement (Tiaa Real Estate Account)
