Florida Assignment and Delegation Provisions - The Anti-Delegation Clause

State:
Multi-State
Control #:
US-ND0313
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Word; 
PDF; 
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Description

This form provides boilerplate contract clauses that outline requirements or otherwise restrict any delegation of performance under a contract. Several different language options representing various levels of restriction are included to suit individual needs and circumstances.

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FAQ

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.

Assignment provisions are often found in construction contracts, including collateral warranties, and they are used to transfer the benefit of a construction contract from one party to another.

The Pledgee shall have full power to delegate (either generally or specifically) the powers, authorities and discretions conferred on it by this Agreement on such terms and conditions as it shall see fit. The Pledgee shall only remain liable for diligently selecting and providing initial instructions to such delegate.

A Standard Clause, also known as an anti-assignment and anti-delegation clause, that provides for a contractual limitation on the assignability of contractual rights and the delegation of contractual duties.

Most commercial contracts end with a clause, ?Neither this Agreement nor any of the rights, interests or obligations under the Agreement shall be assigned, in whole or in part, by operation of law or otherwise by either party without the prior written consent of the other party.? This is the anti-assignment clause that ...

(1) A party may perform his duty through a delegate unless otherwise agreed or unless the other party has a substantial interest in having his original promisor perform or control the acts required by the contract.

An anti-assignment clause is language found in an insurance policy that forbids the policyholder from assigning their rights and interests under the policy to someone else without the insurer's consent. The clause is usually found in the policy conditions section.

?The Buyer reserves the right to assign this contract in whole or in part to any third party without further notice to the Seller; said assignment not to relieve the Buyer from his or her obligation to complete the terms and conditions of this contract should be assigning default.?

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Florida Assignment and Delegation Provisions - The Anti-Delegation Clause