Assignment clause
Assignment clause

The following Commercial guidance note provides comprehensive and up to date legal information covering:

  • Assignment clause

  1. 1

    Assignment—prohibited without consent

    1. 1.1

      No party may assign, sub-contract or encumber any right or obligation under this agreement, in whole or in part, without the other party’s prior written consent [(such consent not to be unreasonably withheld or delayed)].

    2. 1.2

      Notwithstanding the provisions of clause 1.1, a party may perform any of its obligations and exercise any of its rights granted under this agreement through any Associate, provided that it gives the other party prior written notice and provides details of the relevant Associate. Each party acknowledges and agrees that any act or omission of its Associate in relation to that party’s rights or obligations under this agreement shall be deemed to be an act or omission of that party itself.

    3. 1.3

    4. [The provisions of this clause 1 are without prejudice to the Business Contract Terms (Assignment of Receivables) Regulations 2018 (the Assignment of Receivables Regulations). Where the Assignment of Receivables Regulations apply, to the extent that any term of this agreement prohibits or imposes a condition, or other restriction, on the assignment of a receivable arising under this agreement or any other agreement between the parties, it shall have no effect. OR This agreement is a contract [for the purposes of or in