Common use of Subcontracting; Assignment Clause in Contracts

Subcontracting; Assignment. a. The Contractor must not: i. assign, novate, subcontract, mortgage, charge or encumber in any way the Contract or any part of it; or ii. assign, novate, subcontract, mortgage, charge or encumber in any way the execution of the Services; or iii. assign, novate, subcontract, mortgage, charge or encumber in any way any right to receive any money under this Contract; or iv. allow a change in the Effective Control of the Contractor; without first obtaining the express written consent of NAFC, which may be withheld by NAFC in its absolute discretion. b. If NAFC consents to an assignment or novation then the costs of any assignment or novation of the Contract are to be met by the Contractor. c. The Contractor must execute all documents and do all things reasonably required to ensure that any assignment or novation is effected. d. If NAFC consents to the Contractor subcontracting all or part of the Services under this Contract, then the Contractor accepts full responsibility and liability for the performance of its subcontractors and must ensure: i. that each subcontractor complies with the terms of this Contract; and ii. that each subcontractor operates under the Contractor’s AOC unless otherwise permitted by NAFC; and iii. that it has in place appropriate controls and systems for the regulation and supervision of subcontractors; and iv. that it has in place processes to satisfy itself that its subcontractors will comply with all applicable legislation and regulations, particularly in relation to industrial relations and safety; and v. that it has in place appropriate orders of precedence of documents and procedures to resolve any conflict between the documents or procedures of the Contractor and its subcontractors; including but not limited to, any operations manual or operations manual supplement. e. A breach or failure to perform by any subcontractor will not excuse the Contractor from the performance of this Contract in accordance with its terms nor will it affect the liability of the Contractor under this Contract.

Subcontracting; Assignment. a. The Contractor must not: i. not assign, novate, subcontract, mortgage, charge or encumber in any way the Contract or any part of it; or ii. assign, novate, subcontract, mortgage, charge or encumber in any way the execution of the Services; or iii. assign, novate, subcontract, mortgage, charge or encumber in any way any right to receive any money under this Contract; or iv. Contract or allow a change in the Effective Control of the Contractor; Contractor without first obtaining the express written consent of NAFC, NAFC which may be withheld by NAFC in its absolute discretion. b. If NAFC consents to an assignment or novation then the costs of any assignment or novation of the Contract are to be met by the Contractor. c. The Contractor must execute all documents and do all things reasonably required to ensure that any assignment or novation is effected. d. If NAFC consents to the Contractor subcontracting all or part of the Services under this Contract, then the Contractor accepts full responsibility and liability for the performance of its subcontractors and must ensure: i. that each subcontractor complies with the terms of this Contract; and ii. that each subcontractor operates under the Contractor’s AOC unless otherwise permitted by NAFC; and iii. that it has in place appropriate controls and systems for the regulation and supervision of subcontractors; and iv. that it has in place processes to satisfy itself that its subcontractors will comply with all applicable legislation and regulations, particularly in relation to industrial relations and safety; and v. that it has in place appropriate orders of precedence of documents and procedures to resolve any conflict between the documents or procedures of the Contractor and its subcontractors; including but not limited to, any operations manual or operations manual supplement. e. d. A breach or failure to perform by any subcontractor will not excuse the Contractor from the performance of this Contract in accordance with its terms nor will it affect the liability of the Contractor under this Contract.

Subcontracting; Assignment. a. The Contractor must not: i. assign, novate, subcontract, mortgage, charge or encumber in any way the Contract or any part of it; or ii. assign, novate, subcontract, mortgage, charge or encumber in any way the execution of the Services; or iii. assign, novate, subcontract, mortgage, charge or encumber in any way any right to receive any money under this Contract; or iv. allow a change in the Effective Control of the Contractor; without first obtaining the express written consent of NAFC, NAFC which may be withheld by NAFC in its absolute discretion. b. If NAFC consents to an assignment or novation then the costs of any assignment or novation of the Contract are to be met by the Contractor. c. The Contractor must execute all documents and do all things reasonably required to ensure that any assignment or novation is effected. d. If NAFC consents to the Contractor subcontracting all or part of the Services under this Contract, then the Contractor accepts full responsibility and liability for the performance of its subcontractors and must ensure: i. that each subcontractor complies with the terms of this Contract; and ii. that each subcontractor operates under the Contractor’s AOC unless otherwise permitted by NAFC; and iii. that it has in place appropriate controls and systems for the regulation and supervision of subcontractors; and iv. that it has in place processes to satisfy itself that its subcontractors will comply with all applicable legislation and regulations, particularly in relation to industrial relations and safety; and v. that it has in place appropriate orders of precedence of documents and procedures to resolve any conflict between the documents or procedures of the Contractor and its subcontractors; including but not limited to, any operations manual or operations manual supplement. e. A breach or failure to perform by any subcontractor will not excuse the Contractor from the performance of this Contract in accordance with its terms nor will it affect the liability of the Contractor under this Contract.

Subcontracting; Assignment. a. The Contractor must not: i. assign, novate, subcontract, mortgage, charge or encumber in any way the Contract or any part of it; or ii. assign, novate, subcontract, mortgage, charge or encumber in any way the execution of the Services; or iii. assign, novate, subcontract, mortgage, charge or encumber in any way any right to receive any money under this Contract; or iv. allow a change in the Effective Control of the Contractor; without first obtaining the express written consent of NAFCAFAC, which may be withheld by NAFC AFAC in its absolute discretion. b. If NAFC consents to an assignment or novation then For the costs avoidance of any assignment or novation doubt, for the purposes of this clause 5.16, “subcontracting” involves assigning the performance of the Contract are contractual obligation to perform all or part the Services to a third party (for example, subcontracting the performance of the Services to another aerial firefighting operator). “Subcontracting” does not include, for example, subcontracting individual Personnel such as pilots where the Contractor entity itself continues to be met by responsible for the Contractorperformance of the Services. c. The Contractor must execute all documents and do all things reasonably required to ensure that any assignment or novation is effected. d. If NAFC AFAC consents to the Contractor subcontracting all or part of the Services under this Contract, then the Contractor accepts full responsibility and liability for the performance of its subcontractors, the Contractor will remain fully liable for all its obligations under this Contract (notwithstanding the subcontracting) and for all acts and omissions of its subcontractors as fully as if they were the acts and omissions of the Contractor, and must ensure: i. that each subcontractor complies with the terms of this Contract; and ii. that each subcontractor operates under the Contractor’s AOC AOC/AWC unless otherwise permitted by NAFCAFAC or the Member; and iii. that it has in place appropriate controls and systems for the regulation and supervision of subcontractors; and iv. that it has in place processes to satisfy itself that its subcontractors will comply with all applicable legislation and regulationsLaws, particularly in relation to industrial relations and safety; and v. that it has in place appropriate orders of precedence of documents and procedures to resolve any conflict between the documents or procedures of the Contractor and its subcontractors; including but not limited to, any operations manual or operations manual supplement. e. d. A breach or failure to perform by any subcontractor will not excuse the Contractor from the performance of this Contract in accordance with its terms nor will it affect the liability of the Contractor under this Contract. e. AFAC may revoke its approval of a subcontractor at any time without cause by giving written notice to the Contractor.