Common use of Conditions for Transfer Clause in Contracts

Conditions for Transfer. The Railway Undertaking cannot without written consent by Banedanmark assign any rights and obligations under the contract to a third party. In cases where an agreement is made with other Railway Undertakings after the capacity allocation deadline has passed, the Railway Undertaking must prove that no trade or transfer of capacity has taken place, for example by providing a copy of an agreement. The Railway Undertaking is entitled to use subcontractors. A prerequisite is that subcontractors have or can obtain the necessary approvals. The Railway Undertaking is obliged to announce such arrangements to Banedanmark, to the extent possible before capacity allocation is made, and to inform to what extent other Railway Undertakings are used as subcontractors for the Railway Undertaking’s traffic operations. The parties are liable for the work and services carried out by their subcontractors in relation to any claims by the other party, under the same conditions as when undertaking the work themselves.