Assignment by User Clause Samples
The "Assignment by User" clause governs whether and how a user may transfer their rights or obligations under an agreement to another party. Typically, this clause restricts users from assigning their contractual interests without the prior written consent of the service provider or company. For example, if a user wishes to transfer their account or responsibilities to someone else, this clause would determine if such a transfer is permitted and under what conditions. Its core practical function is to ensure that the service provider maintains control over who is bound by the agreement, thereby preventing unauthorized or undesirable transfers that could affect service quality or risk exposure.
Assignment by User. 31.1 User may make Bare Transfer
Assignment by User. Unless otherwise stated in the applicable Addendum or Order, User shall not assign or otherwise transfer in whole or in part (whether voluntarily or by action of law), directly, indirectly, or contingently these GTCs or any particular Addendum or Order, or any interest herein or therein, to any third party, without the prior written consent of City, which consent shall not be unreasonably withheld. Any approved assignee shall expressly agree in writing satisfactory to the City to be bound by all terms and conditions of the Agreement. User shall not be relieved of any obligations under the Agreement unless expressly relieved of same in writing signed by the City. Any unauthorized assignment or transfer of the rights granted to User by the Agreement, or any portion thereof, shall be void and of no effect. User’s sublicensing of Facilities or resale of Services to the extent permitted under Section 4.10 of these GTCs does not constitute an assignment or transfer for purposes of this Section 17.3.
Assignment by User. (a) Subject to clauses 33.2(c) and 33.3(a), User may assign all of its rights under this Agreement, or an undivided interest in all of its rights under this Agreement, in each case with the prior written consent of Service Provider (which consent will not be unreasonably withheld).
(b) Without limiting the generality of clause 33.2(a), Service Provider will be entitled to withhold its consent if:
(i) User is in default of this Agreement (and the default has not been waived by Service Provider); or
(ii) Service Provider is not reasonably satisfied as to the ability of the assignee to meet all of the obligations of User under this Agreement.
(c) An assignment by User will be conditional upon, and will not be binding until:
(i) the execution by the assignee of a deed of covenant in favour of Service Provider agreeing to be bound by this Agreement which deed must be in a form reasonably acceptable to Service Provider; and
(ii) the reimbursement by the assignee of Service Provider's costs (including its legal costs) reasonably incurred in assessing whether the assignee will be able to meet all of the obligations of User under this Agreement and in connection with its review and negotiation of the deed of covenant referred to in clause 33.2(c)(i).
(d) Where User has made an assignment under clause 33.2(a), User will be released from its obligations under this Agreement (other than accrued obligations) to the extent of the assignment and as from the date of assignment.
Assignment by User. (a) Except as expressly permitted by this Access Agreement, the User may not sub-license, assign, sell, transfer, encumber or otherwise deal with or dispose of any of its rights under this Access Agreement, without the prior written consent of the Company.
(b) The Company may grant or withhold their consent referred to in clause 17.5(a) at its absolute discretion, and may impose such conditions as it sees fit on the grant of its consent.
Assignment by User. The User shall not make any assignment or sublease of any rights and/or interest of the User provided for under this Agreement, nor shall the User delegate any obligations under this Agreement without the written consent of the Operator and any financing party.
Assignment by User. The User may assign this Loan Agreement and its obligations hereunder with the consent of the Credit Obligor and without the consent of Issuer or the Trustee or the Holders, subject to the following conditions:
(1) The User will not assign this Loan Agreement to any person unless the operations of such person are consistent with, and in furtherance of, the purpose of the Enabling Law. The User shall, prior to any such assignment, deliver to the Trustee and the Credit Obligor an Opinion of Bond Counsel acceptable to the Trustee to the effect that such assignment will not cause the interest on the Bonds to be Taxable.
(2) The User shall, within 30 days after the delivery thereof, furnish to the Trustee a true and complete copy of each such assignment.
Assignment by User. User shall not assign, convey, or transfer its interest in this MSA or any Site Agreement without first obtaining BellSouth's written approval, which approval may not be unreasonably withheld, conditioned, or delayed. User is not permitted to sublease or to license its interest in this MSA or any Site Agreement. Notwithstanding the foregoing, User has the right, without
Assignment by User. (a) User may not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of Service Provider, which consent may not be unreasonably withheld or delayed.
(b) Without limiting clause 31.3(a), User must ensure that any permitted assignee:
(i) is a reputable and solvent company with the technical and financial capacity to perform the assigned obligations; and
(ii) enters into a deed of assignment and assumption in a form reasonably required by Service Provider, under which the assignee covenants with Service Provider to observe and perform the assigned obligations.
(c) The deed of assignment and assumption under clause 31.3(b) will release User from all obligations under this Agreement which accrue after the date of the assignment specified in that deed.