Contracts not capable of assignment Clause Samples

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Contracts not capable of assignment. In the case of a contract not capable of assignment, or only assignable with the permission of the supplier: (a) the Sellers are to maintain the contract (or part thereof) for the benefit of the Buyers for so long as is necessary to ascertain whether the supplier is prepared to permit assignment, or novate the contract (or part thereof); (b) the Sellers are to use all reasonable and proper endeavours to obtain permission to assign the contract (or part thereof), or procure a novation for the Buyers; (c) if assignment is permitted by the supplier, paragraph 3 (contracts capable and assignment) is to apply;
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Contracts not capable of assignment. 4.1 In the case of a contract not capable of assignment, or only assignable with the permission of the supplier: 4.1.1 the Seller will maintain the contract for the benefit of the Buyer for so long as is necessary to ascertain whether the supplier is prepared to permit assignment, or novate the contract; 4.1.2 the Seller will use all reasonable endeavours to obtain permission to assign the contract, or procure a novation for the Buyer; 4.1.3 if assignment is permitted by the supplier, paragraph 3 is to apply; 4.1.4 if a novation is obtainable, the Buyer will take up the new contract with the supplier, or permit the Seller to obtain a cancellation of the original contract; 4.1.5 the Buyer will reimburse to the Seller the cost of maintaining the contract for any period mentioned in paragraph 4. 1. 1; and 4.1.6 The Seller will bear the costs of cancellation of any contract and the Buyer will bear the cost of any novation; but 4.1.7 the Seller may cancel a contract where it is not capable of assignment and the supplier is unwilling to permit an assignment or agree a novation. SIGNED by and on behalf of the Seller in the presence of:- /s/ Rowan White /s/ ▇▇▇▇ ▇'▇▇▇▇l ----------------------- ------------------------ Rowan White So▇▇▇▇▇▇▇, ▇▇lfast SIGNED by the Buyer in the presence of:- /s/ Catherine Allison /s/ ▇▇▇▇ ▇▇▇▇▇▇ ----------------------- ------------------------ Solicitor APPENDIX A (THE PLANT AND EQUIPMENT) QTY ITEM DESCRIPTION CONTRACTOR CURRENT CONTRACT 2 Cradley oil fired steam GW Monson PO Basis boilers 1 Ygnis gas fired steam boiler GW Monson PO Basis 1 Satchwell BMS (heat Satchwell Grant PO Basis management system) 1 Oil Storage tank N/A 1 Puma Diesel generator set & Edina PO Basis associated equipment 1 Hitachi water chiller Carrier PO Basis
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Related to Contracts not capable of assignment

  • ASSIGNMENT/SUB-CONTRACTING The Contractor agrees that he will not sell, assign or transfer this Agreement or any part thereof or interest therein without the prior written consent of the Owner.

  • Notification of Assignment Any assignment that is not undertaken in accordance with the provisions set forth above shall be null and void ab initio. A Party making any assignment shall promptly notify the other Party of such assignment, regardless of whether consent is required. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and permitted assigns.

  • Notice of Assignment Upon its receipt and acceptance of a duly executed and completed Assignment Agreement, any forms, certificates or other evidence required by this Agreement in connection therewith, Administrative Agent shall record the information contained in such Assignment Agreement in the Register, shall give prompt notice thereof to Company and shall maintain a copy of such Assignment Agreement.

  • Prohibition of Assignment This Agreement and the rights, duties and obligations hereunder may not be assigned or delegated by Consultant without the prior written consent of the Company. Any assignment of rights or delegation of duties or obligations hereunder made without such prior written consent shall be void and of no effect.

  • Conditions of Assignment If Tenant desires to assign or sublet all or any part of the Premises, it shall so notify Landlord at least thirty (30) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed sublessee or assignee to allow Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within seven (7) business days after Landlord's receipt of Tenant's proposed assignment or sublease and all required information concerning the proposed sublease or assignee, Landlord shall have the following options: (1) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Tenant shall pay to Landlord one-half (1/2) of such excess rent and other excess consideration within ten (10) days following receipt thereof by Tenant; or (2) refuse, subject to the limitations set forth in Section 9.2 above, to consent to the proposed assignment or sublease, which refusal shall be deemed to have been exercised unless Landlord gives Tenant written notice providing otherwise. Landlord shall, upon Tenant's request, provide the reasons for any refusal. Upon the occurrence of an event of default, if all or any part of the Premises are then assigned or sublet, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Tenant by reason of the assignment or sublease. Any collection directly by Landlord from the assignee or sublessee shall not be construed to constitute a novation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease.