Common use of SUBCONTRACTING PROHIBITED Clause in Contracts

SUBCONTRACTING PROHIBITED. (a) The Assessor must not subcontract or sublicence its rights or obligations under this agreement, including the conducting of Assessments, without the prior consent of TfNSW. TfNSW may impose such conditions as it thinks fit in giving its consent to any subcontracting or sublicensing under this agreement. (b) If the Assessor subcontracts any part of its obligations under this agreement pursuant to clause 3.2(a), the Assessor: (i) remains responsible for the performance of the obligations under this agreement; (ii) will be liable to TfNSW for the acts and omissions of a subcontractor, or any Personnel of the subcontractor, as if they were the acts or omissions of the Assessor or its Personnel; and (iii) where the Assessor subcontracts the obligation to conduct Assessments, ensure that the relevant subcontractor has a current executed Assessor Agreement with TfNSW equivalent to this agreement. (c) The Assessor may employ or retain Personnel to assist the Assessor (e.g. in administration) without consent, provided any Assessment is only conducted by the Assessor or an approved subcontractor that itself has a current executed Assessor Agreement with TfNSW equivalent to this agreement.

SUBCONTRACTING PROHIBITED. (a) The Assessor must not subcontract or sublicence its rights or obligations under this agreement, including the conducting of Assessments, without the prior consent of TfNSW. TfNSW may impose such conditions as it thinks fit in giving its consent to any subcontracting or sublicensing under this agreement.agreement.‌ (b) If the Assessor subcontracts any part of its obligations under this agreement pursuant to clause 3.2(a), the Assessor: (i) remains responsible for the performance of the obligations under this agreement; (ii) will be liable to TfNSW for the acts and omissions of a subcontractor, or any Personnel of the subcontractor, as if they were the acts or omissions of the Assessor or its Personnel; and (iii) where the Assessor subcontracts the obligation to conduct Assessments, ensure that the relevant subcontractor has a current executed Assessor Agreement with TfNSW equivalent to this agreement. (c) The Assessor may employ or retain Personnel to assist the Assessor (e.g. in administration) without consent, provided any Assessment is only conducted by the Assessor or an approved subcontractor that itself has a current executed Assessor Agreement with TfNSW equivalent to this agreement.