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.
Idaho Assignment and Delegation Provisions - The Anti-Delegation Clause
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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.
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 ...
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.
For example, the general contractor may delegate the duty to perform electrical work to an electrician, as well as assign the right to be paid for the work performed. In delegation and assignment, the original contracting party is not ?off the hook? if it transfers its duties or rights to another party.
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.
(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.