California Putting It All Together - Anti-Assignment and Anti-Delegation Clauses

State:
Multi-State
Control #:
US-ND0314
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Description

This form brings together several boilerplate contract clauses that work together to outline requirements or otherwise restrict any assignment of rights or delegation of performance under a contract.

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FAQ

Anti-assignment clauses protect only the obligor and do not affect the transaction between the assignee and assignor. Usually, a prohibition against the assignment of a contract does not prevent an assignment of the right to receive payments due, unless circumstances indicate the contrary.

Assignee is a person to whom a right is transferred by the person holding such rights under the transferred contract (the ?assignor?). The act of transferring is referred to as ?assigning? or ?assignment? and is a concept found in both contract and property law.

Delegation is not concerned with the transfer of contractual rights. An assignment occurs when the original party to a contract transfers the rights and duties of the contract to another party.

An assignment is the legal transfer of ownership of any property such as a trademark or copyright from one owner to another. The transferee or "assignee" is the person who acquires ownership, and the transferor or "assignor" is the person who transfers ownership rights.

In the case of contract law, an assignment of contract is both the assignment of rights and a delegation of duties. There are usually three parties involved: the two parties in the original contract, and the new party to which the contract is being transferred.

No Party party hereto shall assign this Agreement or any part hereof without the prior written consent of the other Parties. parties. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the Parties parties hereto and their respective permitted successors and assigns.

Delegation occurs when a party to the contract transfers the responsibility and authority for performing a particular contractual duty to another party. Delegation doesn't involve the transfer of contractual rights. In an assignment, the rights, or benefits, of the contract are assigned to another party.

This may read something like this: ?Neither party may assign or delegate this agreement or its rights or obligations under this agreement without the prior written consent of the other party, whose consent shall not be unreasonably withheld or delayed.

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California Putting It All Together - Anti-Assignment and Anti-Delegation Clauses