AUTHORIZED SUBCONTRACTOR. Notwithstanding the provisions of paragraph 7.1 below, the Supplier may, assign all of its rights and obligations hereunder (excepting paragraphs 2.1 and 2.2) to a Subcontractor who has been authorized and approved by the Supplier in writing (an “Authorized Subcontractor”). The Supplier hereby approves PelicanCorp Canada (“PelicanCorp”) as an Authorized Subcontractor 12 as contemplated in the foregoing sentence. The Member hereby also acknowledges that pursuant to a Subcontract Agreement between PelicanCorp, as Authorized Subcontractor and the Supplier, the obligations of the Supplier thereunder (excepting paragraphs 2.1 and 2.2) have been assigned to and assumed by PelicanCorp. The Supplier hereby authorizes and directs the Member to provide to PelicanCorp the Data, any verification or updating of the Data, the Member Information Form and copies of any notices or communications given pursuant to the provisions of this Agreement. The Member acknowledges such direction and authorization and will provide such Data and communications in accordance with same. The Member will cooperate in all respects with the Authorized Subcontractor in connection with provision of Services by the Authorized Subcontractor. Notwithstanding the foregoing, the Member’s approval of any subcontractor hereunder shall not create any contractual relationship between Member and the subcontractor or relieve Supplier of its sole responsibility for all acts or omissions of its subcontractors.
Appears in 1 contract
Sources: Member’s Agreement
AUTHORIZED SUBCONTRACTOR. Notwithstanding the provisions of paragraph
7.1 below, the The Supplier may, may subcontract or assign all or some of its rights and obligations hereunder (excepting paragraphs 2.1 and 2.2) to a Subcontractor who has been authorized and approved by the Supplier in writing any person (an “Authorized Subcontractor”). The ) provided that (i) the Supplier hereby approves PelicanCorp Canada (“PelicanCorp”) as an enters into a written agreement with the Authorized Subcontractor 12 as contemplated in that binds the foregoing sentence. The Member hereby also acknowledges that pursuant to a Subcontract Agreement between PelicanCorp, as Authorized Subcontractor to terms and conditions that are at least as protective of the rights and Information of the Member under this Agreement, and (ii) the Supplier uses commercially reasonable efforts to ensure the Authorized Subcontractor has the requisite skills to perform any subcontracted obligations in accordance with the terms of this Agreement. References to the Supplier in this Agreement shall include its Authorized Subcontractor where applicable, and the Supplier, the obligations of the Supplier thereunder (excepting paragraphs 2.1 and 2.2) have been assigned to and assumed by PelicanCorp. The Supplier hereby authorizes and directs the Member to provide to PelicanCorp its Authorized Subcontractor the Data, any verification or updating of the Data, the Member Information Form and copies of any notices or communications given pursuant to the provisions of this Agreement. The Member acknowledges such direction and authorization and will provide such Data and communications comm unications in accordance with same. The Member will cooperate in all respects with the an Authorized Subcontractor in connection with provision of Services by the an Authorized Subcontractor. Notwithstanding the foregoing, the Member’s approval use of any subcontractor hereunder an Authorized Subcontractor shall not create any contractual relationship between Member and the subcontractor Authorized Subcontractor or relieve Supplier of its sole responsibility for all acts or omissions of its subcontractorsAuthorized Subcontractor.
Appears in 1 contract
Sources: Service Agreement