RIGHT OF SUBSTITUTION Clause Samples
The Right of Substitution clause grants a party, typically an employer or service provider, the authority to replace a designated individual or resource with another of equivalent qualifications or capability. In practice, this means that if a specific employee assigned to a project becomes unavailable, the company can assign a different employee with similar skills to fulfill the contractual obligations. This clause ensures continuity of service or performance and addresses potential disruptions caused by personnel changes, thereby minimizing delays and maintaining contractual commitments.
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RIGHT OF SUBSTITUTION. Except as otherwise provided in this Agreement, the Contractor may, at the Contractor's absolute discretion, engage a third party sub-contractor to perform some or all of the obligations of the Contractor under this Agreement and the Client will not hire or engage any third parties to assist with the provision of the Services.
RIGHT OF SUBSTITUTION. If at any time during the Term there is any Available Space at any Site, then AT&T Collocator shall have the Right of Substitution as to such Available Space. The Right of Substitution pursuant to this Section 10 may be exercised by AT&T Collocator one time with respect to the AT&T Primary Tower Space and one time with respect to the AT&T Primary Ground Space of each Site, upon written notice to Tower Operator, subject to the application and amendment process described in Section 9(e) and provided that Tower Operator shall be entitled to perform in its reasonable discretion a structural analysis, at AT&T Collocator’s sole cost and expense, prior to such exercise of a Right of Substitution. If AT&T Collocator elects to exercise its Right of Substitution, then, upon completion of the relocation of the AT&T Communications Equipment on the Tower or the Ground, as the case may be, at AT&T Collocator’s expense, the previously existing AT&T Collocation Space of the applicable Site shall automatically be released by AT&T Collocator and concurrently therewith, the Available Space on such Site to which the AT&T Communications Equipment has been relocated shall automatically become and constitute the AT&T Collocation Space of such Site. The parties shall promptly execute an amendment to the applicable Site Lease Agreement to evidence any such substitution, and either party may elect to cause such amendment to be recorded at the recording party’s cost and expense (but AT&T Collocator’s exercise of the Right of Substitution shall not be conditioned on the execution of such amendment). AT&T Collocator shall, at AT&T Collocator’s cost and expense, complete the relocation of its AT&T Communications Equipment within sixty (60) days of the execution of the amendment to the subject Site Lease Agreement following the exercise of its Right of Substitution and return the previously existing AT&T Collocation Space to its original condition, ordinary wear and tear excepted. If AT&T Collocator exercises its Right of Substitution as to any Available Space, then, upon execution of the amendment to the subject Site Lease Agreement, such Available Space shall become the AT&T Collocation Space and the former AT&T Collocation Space shall no longer be AT&T Collocation Space for all purposes of this Agreement. For the avoidance of doubt, the exercise of a Right of Substitution by AT&T Collocator shall not permit AT&T Collocator to attach the AT&T Communications Equipment on a Tower at mor...
RIGHT OF SUBSTITUTION. Provided that there is no Event of Default existing under either of the Master Leases, then subject to the terms and conditions set forth in this Section 1.2.4, ALC may substitute into the applicable Master Lease one, or more, of the 122 assisted living facilities owned and operated by ALC/CHAL prior to EHSI’s acquisition of ALC, Inc. (a “Substitute Facility”). ALC may effect such a substitution in the event that (a) the Facility to be substituted under the applicable Master Lease becomes unprofitable to operate by ALC based on ALC’s reasonable commercial judgment, or (b) the Facility to be substituted loses any licenses necessary to operate the same as an assisted living facility under applicable state laws (such loss of licensure not being deemed an Event of Default, provided ALC consummates a substitution in accordance with this MOU with respect to such unlicensed Facility). Upon a minimum of ninety (90) days prior written notice to LTC ( a “Substitution Notice”, which Substitution Notice shall include the information called for in Exhibit B hereto and shall be in a form reasonably acceptable to LTC) of ALC’s intent to effect such substitution, ALC shall have the right to substitute into the applicable Master Lease a Substitute Facility provided that all of the following additional conditions with regard to such Substitute Facility are met both at the time of the Substitution Notice and at the time of the closing of the substitution (any Substitute Facility satisfying said conditions shall be referred to as a “Qualifying Substitute Facility”): (i) the Substitute Facility has an equal or greater number of assisted living units as the original Facility being substituted out; (ii) the EBITDARM of the Substitute Facility for each of the trailing three (3) months and the trailing twenty-four (24) months, respectively, is equal to or greater than that of facility being substituted out; (iii) the Substitute Facility is free of any encumbrances or liens other than municipal and zoning ordinances and agreements entered thereunder, recorded building and use restrictions, recorded easements and similar matters of record, and unrecorded leases and occupancy agreements (such matters affecting title, the “Encumbrances”), none of which, considered individually or on a combined basis, adversely affect or diminish the use, value or operation of the Substitute Facility, and none of which differ materially in content, purpose or effect from the Encumbrances affecting titl...
RIGHT OF SUBSTITUTION. Except as otherwise provided in this Agreement, the Consultant may, at the Consultant’s absolute discretion, engage a third party sub-contractor to perform some or all of the obligations of the Consultant under this Agreement and the Client will not hire or engage any third parties to assist with the provision of the Services.
RIGHT OF SUBSTITUTION. The Design Studio is not responsible for the services offered by other contractors or consultants employed by the Client, therefore we are not eligible to offer the Client any warranty pertaining to other contractors or consultants. The Client should sign a separate agreement with their contractors (if applicable). The only aspect we "▇▇▇▇▇▇▇▇ ▇▇▇ Ltd" assist the Client with as an interior designer, is on checking on the work being done to ensure the cohesive and accurate implementation of the Design Studios Project proposal and designs.
RIGHT OF SUBSTITUTION. In the event that Subscriber no longer owns a property enumerated in Exhibit B, at the time that Issuer is ready to acquire title thereto, then Subscriber shall have a right, subject to reasonable approval by Issuer, to substitute any and all properties so long as the cumulative fair market value of all properties, including originally enumerated and substituted by Subscriber, is not reduced.
RIGHT OF SUBSTITUTION. 6.1 The Provider may appoint one or more suitably qualified and skilled substitutes of equivalent expertise to perform the Services.
6.2 The Provider acknowledges the Commissioner has the right to refuse to accept the substitute if, in the reasonable view of the Commissioner having regard to the specification, the substitute has insufficient qualifications or expertise.
6.3 Where substitution occurs, the other terms and conditions of this contract, and in particular (but not limited to) the specified fees, will remain unchanged, unless otherwise agreed by both parties in writing. For the avoidance of doubt, the Provider shall be responsible for the payments and expenses of any substitute.
6.4 It is also agreed that the Provider will be liable for all acts and/or omissions of any substitute(s) provided.
RIGHT OF SUBSTITUTION. 13.1 Except as otherwise provided in this Agreement, the Contractor may, at the Contractor's absolute discretion, engage a third-party sub-contractor to perform some or all the obligations of the Contractor under this Agreement and the Client will not hire or engage any third parties to assist with the provision of the Services.
13.2 If the Contractor hires a sub-contractor:
13.2.1 the Contractor will pay the sub-contractor for its services and the Compensation will remain payable by the Client to the Contractor.
13.2.2 for the purposes of the indemnification clause of this Agreement, the sub-contractor is an agent of the Contractor.
RIGHT OF SUBSTITUTION. Except as otherwise provided in this Agreement, Genius Energy Lab Limited may, at their absolute discretion, engage a third party sub-contractor to perform some or all of the obligations of their services under this Agreement and the Client will not hire or engage any third parties to assist with the provision of the Services.
RIGHT OF SUBSTITUTION. Except as otherwise provided in this Agreement, the Consultant may, at the Consultant's absolute discretion, engage a third party sub-contractor to perform some or all of the obligations of the Consultant under this Agreement and the Client will not hire or engage any third parties to assist with the provision of the Services.