Common use of ASSIGNMENT OF RIGHTS OR DUTIES Clause in Contracts

ASSIGNMENT OF RIGHTS OR DUTIES. 12.1 By entering into this Agreement, District has approved the use of subcontractors, if any, identified in Surveyor’s Proposal. No further approval shall be needed for Surveyor to use such subcontractors as are identified in Surveyor’s Proposal. 12.2 Except as otherwise required herein, Surveyor may not sell, assign, pledge, transfer or convey any interest in this Agreement nor delegate the performance of any duties hereunder, by transfer, by subcontracting or any other means, without the prior written consent of District. Engineering services required by law to be performed by a licensed engineer, or services which, by law, require the supervision and approval of a licensed engineer, may only be subcontracted upon the prior written approval of the District. Any other services to be performed under this Agreement may be subcontracted upon the written approval of District’s representative. As a condition of consent, if same is given, Surveyor shall remain liable for completion of the services outlined in this Agreement in the event of default by the successor Surveyor, assignee, transferee or subcontractor. Any references in this Agreement to an assignee, transferee, or subcontractor, indicate only such an entity as has been approved by District in accordance with this Article. 12.3 Any attempt to assign, transfer, pledge, convey or otherwise dispose of any part of, or all of its right, title, interest or duties to or under this Agreement, without said written approval, shall be void, and shall confer no rights upon any third person. Should Surveyor assign, transfer, convey or otherwise dispose of any part of, or all of its right, title or interest or duties to or under this Agreement, District may, at its option, terminate this Agreement as provided herein, and all rights, titles and interest of Surveyor shall thereupon cease and terminate, notwithstanding any other remedy available to District under this Agreement. The violation of this provision by Surveyor shall in no event release Surveyor from any obligation under the terms of this Agreement, nor shall it relieve or release Surveyor from the payment of any damages to District, which District sustains as a result of such violation. 12.4 Surveyor agrees to notify District’s representative of any changes in ownership interest greater than thirty percent (30%), or control of its business entity not less than sixty (60) days in advance of the effective date of such change. Notwithstanding any other remedies that are available to District under this Agreement, any such change of ownership interest or control of its business entity may be grounds for termination of this Agreement in accordance with Article VI, TERMINATION.

Appears in 1 contract

Sources: Professional Services

ASSIGNMENT OF RIGHTS OR DUTIES. 12.1 By entering into this Agreement, District has approved the use of subcontractors, if any, identified in SurveyorConsultant’s Proposal. No further approval shall be needed for Surveyor Consultant to use such subcontractors as are identified in SurveyorConsultant’s Proposal. 12.2 Except as otherwise required herein, Surveyor Consultant may not sell, assign, pledge, transfer or convey any interest in this Agreement nor delegate the performance of any duties hereunder, by transfer, by subcontracting or any other means, without the prior written consent of District. Engineering services required by law to be performed by a licensed engineer, or services which, by law, require the supervision and approval of a licensed engineer, may only be subcontracted upon the prior written approval of the District. Any other services to be performed under this Agreement may be subcontracted upon the written approval of District’s representative. As a condition of consent, if same is given, Surveyor Consultant shall remain liable for completion of the services outlined in this Agreement in the event of default by the successor Surveyorconsultant, assignee, transferee or subcontractor. Any references in this Agreement to an assignee, transferee, or subcontractor, indicate only such an entity as has been approved by District in accordance with this Article. 12.3 Any attempt to assign, transfer, pledge, convey or otherwise dispose of any part of, or all of its right, title, interest or duties to or under this Agreement, without said written approval, shall be void, and shall confer no rights upon any third person. Should Surveyor Consultant assign, transfer, convey or otherwise dispose of any part of, or all of its right, title or interest or duties to or under this Agreement, District may, at its option, terminate this Agreement as provided herein, and all rights, titles and interest of Surveyor Consultant shall thereupon cease and terminate, notwithstanding any other remedy available to District under this Agreement. The violation of this provision by Surveyor Consultant shall in no event release Surveyor Consultant from any obligation under the terms of this Agreement, nor shall it relieve or release Surveyor Consultant from the payment of any damages to District, which District sustains as a result of such violation. 12.4 Surveyor Consultant agrees to notify District’s representative of any changes in ownership interest greater than thirty percent (30%), or control of its business entity not less than sixty (60) days in advance of the effective date of such change. Notwithstanding any other remedies that are available to District under this Agreement, any such change of ownership interest or control of its business entity may be grounds for termination of this Agreement in accordance with Article VI, TERMINATION.

Appears in 1 contract

Sources: Professional Services

ASSIGNMENT OF RIGHTS OR DUTIES. 12.1 By entering into this Agreement, District has approved the use of subcontractors, if any, identified in Surveyor’s Proposal. No further approval shall be needed for Surveyor to use such subcontractors as are identified in Surveyor’s Proposal. 12.2 14.1 Except as otherwise required herein, Surveyor Consultant may not sell, assign, pledge, transfer or convey any interest in this Agreement nor delegate the performance of any duties hereunder, by transfer, by subcontracting or any other means, without the prior written consent of DistrictCity. Engineering Professional services required by law to be performed by a licensed engineer, or services which, by law, require the supervision and approval of a licensed engineer, may only be subcontracted upon the prior written approval of the DistrictSan Antonio City Council, by approval and passage of an ordinance therefore. Any other services to be performed under this Agreement may be subcontracted upon the written approval of District’s representativeDirector. As a condition of consent, if same is given, Surveyor Consultant shall remain liable for completion of the services outlined in this Agreement in the event of default by the successor Surveyorconsultant, assignee, transferee or subcontractor. Any references in this Agreement to an assignee, transferee, or subcontractor, indicate only such an entity as has been approved by District City in accordance with this Article. 12.3 14.2 Any attempt to assign, transfer, pledge, convey or otherwise dispose of any part of, or all of its right, title, interest or duties to or under this Agreement, without said written approval, shall be void, and shall confer no rights upon any third person. Should Surveyor Consultant assign, transfer, convey or otherwise dispose of any part of, or all of its right, title or interest or duties to or under this Agreement, District City may, at its option, terminate this Agreement as provided herein, and all rights, titles and interest of Surveyor Consultant shall thereupon cease and terminate, notwithstanding any other remedy available to District City under this Agreement. The violation of this provision by Surveyor Consultant shall in no event release Surveyor Consultant from any obligation under the terms of this Agreement, nor shall it relieve or release Surveyor Consultant from the payment of any damages to DistrictCity, which District City sustains as a result of such violation. 12.4 Surveyor 14.3 Consultant agrees to notify District’s representative Director of any changes in ownership interest greater than thirty percent (30%), or control of its business entity not less than sixty (60) days in advance of the effective date of such change. Notwithstanding any other remedies that are available to District City under this Agreement, any such change of ownership interest or control of its business entity may be grounds for termination of this Agreement in accordance with Article VIVIII, TERMINATIONTermination.

Appears in 1 contract

Sources: Professional Services Agreement