Common use of Subcontracting and Assignment of rights and obligations Clause in Contracts

Subcontracting and Assignment of rights and obligations. 12.1. The Contractor shall not without EFI’s prior written consent subcontract any tasks under this Contract nor cause this Contract to be performed in fact by third parties. 12.2. Where EFI has approved subcontracting of tasks under this Contract, the Contractor shall still be bound by the obligations of under this Contract. EFI will treat all contractual matters exclusively with the Contractor, whether or not individual tasks are performed by a subcontractor. The Contractor can under no circumstances avoid liability towards EFI on the grounds that the subcontractor is at fault. 12.3. The Contractor shall ensure that the subcontracting of tasks under this Contract does not affect the rights and guarantees to which EFI is entitled by virtue of this Contract, and that the conditions applicable to it under this Contract also are applicable to any third party performing tasks under the Contract. 12.4. The Contractor may not without the prior written consent of EFI assign or transfer any rights or obligations under this Contract. This shall also apply where the Contractor’s legal identity has changed as a result of a takeover, merger or for any other reason. Any unauthorized assignment of rights or obligations shall have no effect on EFI. Article 13 Force majeure 13.1. Force majeure shall mean an exceptional circumstance or event beyond the control of the non- performing party, which was not due to error or negligence on their part or on the part of a subcontractor, and could not have been avoided by the exercise of due diligence. Labour disputes, strikes and financial problems shall not constitute force majeure, unless they stem directly from a relevant case of force majeure. 13.2. Neither contracting party shall be held in breach of its contractual obligations if it has been prevented from performing them by force majeure. Where the Contractor is unable to perform contractual obligations due to force majeure, he shall have the right to remuneration only for tasks actually executed. 13.3. If either contracting party is faced with force majeure, it shall notify the other party without delay stating the nature, likely duration and foreseeable effects.

Subcontracting and Assignment of rights and obligations. 12.1. The Contractor shall not without EFI’s prior written consent subcontract any tasks under this Contract nor cause this Contract to be performed in fact by third parties.Contract 12.2. Where EFI has approved subcontracting of tasks under this Contract, the Contractor shall still be bound by the obligations of under this Contract. EFI will treat all contractual matters exclusively with the Contractor, whether or not individual tasks are performed by a subcontractor. The Contractor can under no circumstances avoid liability towards EFI on the grounds that the subcontractor is at fault. 12.3. The Contractor shall ensure that the subcontracting of tasks under this Contract does not affect the rights and guarantees to which EFI is entitled by virtue of this Contract, and that the conditions applicable to it under this Contract also are applicable to any third party performing tasks under the Contract. 12.4. The Contractor may not without the prior written consent of EFI assign or transfer any rights or obligations under this Contract. This shall also apply where the Contractor’s legal identity has changed as a result of a takeover, merger or for any other reason. Any unauthorized assignment of rights or obligations shall have no effect on EFI. Article 13 Force majeure 13.1. Force majeure shall mean an exceptional circumstance or event beyond the control of the non- performing party, which was not due to error or negligence on their part or on the part of a subcontractor, and could not have been avoided by the exercise of due diligence. Labour disputes, strikes and financial problems shall not constitute force majeure, unless they stem directly from a relevant case of force majeure. 13.2. Neither contracting party shall be held in breach of its contractual obligations if it has been prevented from performing them by force majeure. Where the Contractor is unable to perform contractual obligations due to force majeure, he shall have the right to remuneration only for tasks actually executed. 13.3. If either contracting party is faced with force majeure, it shall notify the other party without delay stating the nature, likely duration and foreseeable effects.

Subcontracting and Assignment of rights and obligations. 12.1. The Contractor shall not without EFI’s prior written consent subcontract any tasks under this Contract nor cause this Contract to be performed in fact by third parties. 12.2. Where EFI has approved subcontracting of tasks under this Contract, the Contractor shall still be bound by the obligations of under this Contract. EFI will treat all contractual matters exclusively with the Contractor, whether or not individual tasks are performed by a subcontractor. The Contractor can under no circumstances avoid liability towards EFI on the grounds that the subcontractor is at fault.Contractor 12.3. The Contractor shall ensure that the subcontracting of tasks under this Contract does not affect the rights and guarantees to which EFI is entitled by virtue of this Contract, and that the conditions applicable to it under this Contract also are applicable to any third party performing tasks under the Contract. 12.4. The Contractor may not without the prior written consent of EFI assign or transfer any rights or obligations under this Contract. This shall also apply where the Contractor’s legal identity has changed as a result of a takeover, merger or for any other reason. Any unauthorized assignment of rights or obligations shall have no effect on EFI. Article 13 Force majeure 13.1. Force majeure shall mean an exceptional circumstance or event beyond the control of the non- performing party, which was not due to error or negligence on their part or on the part of a subcontractor, and could not have been avoided by the exercise of due diligence. Labour disputes, strikes and financial problems shall not constitute force majeure, unless they stem directly from a relevant case of force majeure. 13.2. Neither contracting party shall be held in breach of its contractual obligations if it has been prevented from performing them by force majeure. Where the Contractor is unable to perform contractual obligations due to force majeure, he shall have the right to remuneration only for tasks actually executed. 13.3. If either contracting party is faced with force majeure, it shall notify the other party without delay stating the nature, likely duration and foreseeable effects.

Subcontracting and Assignment of rights and obligations. 12.1. The Contractor shall not without EFI’s prior written consent subcontract any tasks under this Contract nor cause this Contract to be performed in fact by third parties. 12.2. Where EFI has approved subcontracting of tasks under this Contract, the Contractor shall still be bound by the obligations of under this Contract. EFI will treat all contractual matters exclusively with the Contractor, whether or not individual tasks are performed by a subcontractor. The Contractor can under no circumstances avoid liability towards EFI on the grounds that the subcontractor is at fault. 12.3. The Contractor shall ensure that the subcontracting of tasks under this Contract does not affect the rights and guarantees to which EFI is entitled by virtue of this Contract, and that the conditions applicable to it under this Contract also are applicable to any third party performing tasks under the Contract. 12.4. The Contractor may not without the prior written consent of EFI assign or transfer any rights or obligations under this Contract. This shall also apply where the Contractor’s legal identity has changed as a result of a takeover, merger or for any other reason. Any unauthorized assignment of rights or obligations shall have no effect on EFI. Article 13 Force majeure 13.1. Force majeure shall mean an exceptional circumstance or event beyond the control of the non- non‐ performing party, which was not due to error or negligence on their part or on the part of a subcontractor, and could not have been avoided by the exercise of due diligence. Labour disputes, strikes and financial problems shall not constitute force majeure, unless they stem directly from a relevant case of force majeure. 13.2. Neither contracting party shall be held in breach of its contractual obligations if it has been prevented from performing them by force majeure. Where the Contractor is unable to perform contractual obligations due to force majeure, he shall have the right to remuneration only for tasks actually executed. 13.3. If either contracting party is faced with force majeure, it shall notify the other party without delay stating the nature, likely duration and foreseeable effects.

Subcontracting and Assignment of rights and obligations. 12.1. The Contractor shall not without EFI’s prior written consent subcontract any tasks under this Contract nor cause this Contract to be performed in fact by third parties. 12.2. Where EFI has approved subcontracting of tasks under this Contract, the Contractor shall still be bound by the obligations of under this Contract. EFI will treat all contractual matters exclusively with the Contractor, whether or not individual tasks are performed by a subcontractor. The Contractor can under no circumstances avoid liability towards EFI on the grounds that the subcontractor is at fault. 12.3. The Contractor shall ensure that the subcontracting of tasks under this Contract does not affect the rights and guarantees to which EFI is entitled by virtue of this Contract, and that the conditions applicable to it under this Contract also are applicable to any third party performing tasks under the Contract. 12.4. The Contractor may not without the prior written consent of EFI assign or transfer any rights or obligations under this Contract. This shall also apply where the Contractor’s legal identity has changed as a result of a takeover, merger or for any other reason. Any unauthorized assignment of rights or obligations shall have no effect on EFI. Article 13 Force majeure 13.1If Contractor does not deliver output on time EFI is entitled to liquidated damages from the date on which delivery should have taken place. Force majeure The liquidated damages shall mean an exceptional circumstance or event beyond be payable in the control amount of 0.5 % (zero point five percent) of the non- performing party, which was not Contract price for each calendar day of delay. The liquidated damages become due at EFI’s written demand. EFI may deduct liquidated damages that are due from any payment due to error Contractor under this Contract. EFI may by written notice, with immediate effect, terminate the Contract if EFI determines that circumstances make it impossible or negligence excessively difficult to continue implementation of the Contract. If EFI determines that circumstances only temporarily make it impossible or excessively difficult to continue implementation of the Contract EFI may by written notice, with immediate effect, suspend performance under the Contract. Any such suspension shall be in force until EFI notifies otherwise and is without prejudice to EFI’s rights according to the preceding article. The Contractor shall resume performance under the Contract when thus notified in writing by EFI. The Parties shall, before the Contractor resumes performance, negotiate on their part ways to implement the Contract, taking the impact of the suspension into consideration. EFI may by written notice with immediate effect terminate this Contract where: Contractor or on any subcontractor is declared bankrupt, is having its affairs or person administered by the part courts, has entered into arrangements with creditors or has suspended its business activities, or is the subject of a subcontractorproceedings concerning such matters; Contractor is in breach of its obligations regarding Data protection (article 10), Confidentiality (article 11), or Subcontracting and Assignment of Rights and Obligations (article 14); Contractor, after receiving formal notice in writing to comply, specifying the nature of the alleged failure, and could not have after having been avoided by given the exercise of due diligence. Labour disputesopportunity to remedy the failure, strikes and financial problems shall not constitute force majeure, unless they stem directly from a relevant case of force majeure. 13.2. Neither contracting party shall be held remains in breach of its contractual obligations; or Contractor is in breach of its obligations if it has been prevented from performing them by force majeure. Where regarding Code of conduct (article 8), in which case EFI can also recover any sums paid to the Contractor under the Contract. No damages will be paid to the Contractor in case the Contract is unable terminated or suspended. Termination shall not affect any accrued rights or liabilities of a Party at the time of termination. This Contract shall be governed by Finnish law, excluding its rules on conflict of laws. The Parties shall seek to perform contractual obligations due settle amicably any differences of opinion and disputes arising from or related to force majeurethe implementation of this Contract. Should this fail, he any dispute, controversy or claim arising out of or relating to this Contract, or the breach, termination or validity thereof shall have be finally settled in accordance with the right to remuneration only for tasks actually executedArbitration Rules of the Finland Chamber of Commerce. Article 36 on Interim measures of protection shall not apply. The language of the proceedings shall be English. The place of arbitration shall be Helsinki, Finland. 13.3. If either contracting party is faced with force majeure, it shall notify the other party without delay stating the nature, likely duration and foreseeable effects.

Subcontracting and Assignment of rights and obligations. 12.1. The Contractor shall not without EFI’s prior written consent subcontract any tasks under this Contract nor cause this Contract to be performed in fact by third parties.this 12.2. Where EFI has approved subcontracting of tasks under this Contract, the Contractor shall still be bound by the obligations of under this Contract. EFI will treat all contractual matters exclusively with the Contractor, whether or not individual tasks are performed by a subcontractor. The Contractor can under no circumstances avoid liability towards EFI on the grounds that the subcontractor is at fault. 12.3. The Contractor shall ensure that the subcontracting of tasks under this Contract does not affect the rights and guarantees to which EFI is entitled by virtue of this Contract, and that the conditions applicable to it under this Contract also are applicable to any third party performing tasks under the Contract. 12.4. The Contractor may not without the prior written consent of EFI assign or transfer any rights or obligations under this Contract. This shall also apply where the Contractor’s legal identity has changed as a result of a takeover, merger or for any other reason. Any unauthorized assignment of rights or obligations shall have no effect on EFI. Article 13 Force majeure 13.1. Force majeure shall mean an exceptional circumstance or event beyond the control of the non- performing party, which was not due to error or negligence on their part or on the part of a subcontractor, and could not have been avoided by the exercise of due diligence. Labour disputes, strikes and financial problems shall not constitute force majeure, unless they stem directly from a relevant case of force majeure. 13.2. Neither contracting party shall be held in breach of its contractual obligations if it has been prevented from performing them by force majeure. Where the Contractor is unable to perform contractual obligations due to force majeure, he shall have the right to remuneration only for tasks actually executed. 13.3. If either contracting party is faced with force majeure, it shall notify the other party without delay stating the nature, likely duration and foreseeable effects.