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

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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

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.

The difference between assignment and delegation is that an assignment can't increase another party's obligations. Delegation, on the other hand, is a method of using a contract to transfer one party's obligations to another party. Assigning rights is usually easier than delegating, and fewer restrictions are in place.

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.

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.

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.

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 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.

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