Common use of Assignment and Third Party Beneficiaries Clause in Contracts

Assignment and Third Party Beneficiaries. 13.1 Except as provided in Section 14.1 below, neither this Agreement nor any rights or obligations hereunder may be assigned by any party without the written consent of the other party. Any attempt to do so in violation of this Section shall be void. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. 13.2 Except as explicitly stated elsewhere in this Agreement, nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the Sub-Transfer Agent, the Transfer Agent and the Funds, and the duties and responsibilities undertaken pursuant to this Agreement shall be for the sole and exclusive benefit of the Sub-Transfer Agent, the Transfer Agent and the Funds. This Agreement shall inure to the benefit of and be binding upon the parties and their respective permitted successors and assigns. 13.3 This Agreement does not constitute an agreement for a partnership or joint venture between or among the Sub-Transfer Agent, the Transfer Agent and the Funds. Other than as provided in Section 14.1 and Schedule 1.2(f), no party shall make any commitments with third parties that are binding on the other party(ies) without the affected party’s prior written consent.

Appears in 4 contracts

Sources: Sub Transfer Agency and Service Agreement (Virtus Institutional Trust), Sub Transfer Agency and Service Agreement (Virtus Equity Trust), Sub Transfer Agency and Service Agreement (Virtus Equity Trust)

Assignment and Third Party Beneficiaries. 13.1 Except as provided in Section 14.1 below, below neither this Agreement nor any rights or obligations hereunder may be assigned by any either party without the written consent of the other party. Any attempt to do so in violation of this Section shall be void. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. For the avoidance of doubt, a transaction involving a merger or sale of substantially all of the assets of a Portfolio or a Fund shall not require the written consent of the Transfer Agent. 13.2 Except as explicitly stated elsewhere in this Agreement, nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the Sub-Transfer Agent, the Transfer Agent and the FundsFund, and the duties and responsibilities undertaken pursuant to this Agreement shall be for the sole and exclusive benefit of the Sub-Transfer Agent, the Transfer Agent and the FundsFund. This Agreement shall inure to the benefit of and be binding upon the parties and their respective permitted successors and assigns. 13.3 This Agreement does not constitute an agreement for a partnership or joint venture between or among the Sub-Transfer Agent, the Transfer Agent and the FundsFund. Other than as provided in Section 14.1 and Schedule 1.2(f), no neither party shall make any commitments with third parties that are binding on the other party(ies) party without the affected other party’s prior written consent.

Appears in 2 contracts

Sources: Transfer Agency and Service Agreement (Gateway Trust), Transfer Agency and Service Agreement (Hansberger International Series)

Assignment and Third Party Beneficiaries. 13.1 14.1 Except as provided in Section 14.1 15.1 below, neither this Agreement nor any rights or obligations hereunder may be ------------ assigned by any either party without the written consent of the other party. Any attempt to do so in violation of this Section shall be void. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. 13.2 14.2 Except as explicitly stated elsewhere in this Agreement, nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the Sub-Transfer Agent, the Transfer Agent and the FundsTransfer Agent, and the duties and responsibilities undertaken pursuant to this Agreement shall be for the sole and exclusive benefit of the Sub-Transfer Agent, the Transfer Agent and the FundsTransfer Agent. This Agreement shall inure to the benefit of and be binding upon the parties and their respective permitted successors and assigns. 13.3 14.3 This Agreement does not constitute an agreement for a partnership or joint venture between or among the Sub-Transfer Agent, the Transfer Agent and the Funds`transfer Agent. Other than as provided in Section 14.1 and Schedule 1.2(f)15.1, no neither party shall make any commitments with ------------ third parties that are binding on the other party(ies) party without the affected other party’s 's prior written consent.

Appears in 1 contract

Sources: Sub Transfer Agency and Service Agreement (American Skandia Advisor Funds Inc)