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Example clauses

Notes and References

Subcontracting

The Concessionaire shall:

(a)  not terminate or agree to the termination of the engagement and/or employment of (or the replacement of) the Contractor or any Service Provider under the Ancillary Documents; and

(b)  without prejudice to Clause [Assignment], procure that none of the persons listed below shall sub-contract all (or substantially all) of their obligations under or in the agreement set out next to its name: 

without, in each case, the prior written consent of the Authority (such consent not to be unreasonably withheld or delayed). To avoid doubt, (i) any failure to comply with Clause [ref] shall be a reasonable ground for withholding consent and (ii) consent shall, without prejudice to the other provisions of Clause [ref], not be required in respect of the appointment of any party currently approved by the Authority as a suitable replacement.

If the contract set out next to the name of any person referred to in Clause [ref] shall at any time lapse, terminate or otherwise cease to be in full force and effect (whether by reason of expiry or otherwise), with the effect that such person shall cease to act in relation to the Project, the Concessionaire shall forthwith appoint a replacement (subject to compliance with Clause [Sub-contractors]). 

(c)  The Concessionaire shall procure that any replacement for any person referred to in Clause [ref] shall enter into a contract upon the same or substantially similar terms as the person so replaced and shall also enter into a collateral agreement on the same or substantially the same terms as the Collateral Agreement entered into by the person so replaced.

See SOPC Section 15.

Example clause adapted from Department of Health (UK), Standard Form Project Agreement Index reference A1 Folder 1.