Assignable. Neither party may assign or otherwise transfer to any third party or of his rights in this contract without the prior written permission of the other party to that effect.
Assignable. 14.1 The rights and obligations of the Investor hereunder may, without the consent from the Committee, be assigned by the Investor to a wholly-owned subsidiary of Pericom Semiconductor Corp., or to a company whose 51% or higher shareholding is directly or indirectly controlled by Pericom Semiconductor Corp. For the avoidance of doubt, the “control” referred to in this Article 14 shall mean control by shares (shareholding interests), agreements, voting rights and/or other means. Any of the above assignment shall not affect any incentives hereunder available to the R&D Center.
Assignable. If a Project directly benefits from an item of cost, such costs should be directly assigned to the Project. In accordance with article 3.6, the Partner will indemnify ILRI for costs incurred contrary to this article 3.1. Partner will maintain separate cost accounts for the Project funds in order to report per budget line and to reconcile the account with reported expenditures [and to report on the agreed cost share contribution]. Bank transfer charges and exchange losses will not be charged to the Project funds, interest and exchange gains will be utilized by the Project and reported. Up to [ ] % budget variance per budget line is allowed as long as the total funding amount is not exceeded. Prior written approval from ILRI will be required for higher variances and/or to exceed the total budget amount. Audits [see instruction memo for possible scenarios] Upon request for Project audit, the Partner will comply by commissioning an independent audit by an external auditor at the Partners’ premises and submit the report to ILRI. The costs of such audits will be borne by the project funds and will comply with international auditing standards. The Partner agrees that it will indemnify ILRI against any losses or unaccounted for expenses including any expenditures deemed ineligible by auditor or Donor. ILRI reserves the right to withhold such amounts from any future disbursements to the Partner, including those related to other on-going agreements. Unutilized funds shall be remitted to ILRI within 30 (thirty) days from the end date of the Agreement or on/before submission of the final financial report. Project records will be maintained for up to 7 years after end of the Project. The Partner will, upon request, make available to ILRI or any Auditor contracted by ILRI, all financial information and documentation, including statement of accounts regarding this project and provide hard and soft copies of any supporting document. Additional Book keeping instructions: [list below if needed based on DD outcome/ delete article, see memo]
Assignable. This Contract shall be fully assignable by Purchaser, upon consent of Seller which shall not be unreasonably withheld. However, Purchaser may assign this Contract without notice or consent of Seller to any entity in which is wholly owned by Purchaser or owned by the at least 90% of the members of Purchaser. In the event of such assignment, the term “Purchaser” shall also mean the assignee of such assignments and Purchaser shall have no further duties or liabilities to Seller whatsoever. Except as so restricted, this Contract shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the parties.
Assignable. This agreement shall be assigned to future owners of the Property and shall be binding on all assignees. The provisions of this Agreement are covenants that shall run with Property and shall be binding upon the heirs, executors, assigns, administrators, and successors of the parties, and shall be construed to be a benefit and burden on the Property.
Assignable. Neither this Agreement nor any right created hereby all be assignable by either the Stockholders (or their successors in interest) or the Purchaser without the prior written consent of the other, except by the laws of succession. Nothing in this Agreement, expressed or implied, is intended to confer upon any person, other than the parties hereto and their authorized heirs, successors or assigns, any rights or remedies under or by reason of this Agreement.