Form 10 - Authority rights to assign (non-NHS bodies)

57.4 The Authority shall be entitled to assign, transfer or dispose of the whole of this Agreement and/or of any agreement entered into in connection with this Agreement to which the Authority and [Sub-hubco/Project Co] are both party:

57.4.1 a Minister of the Crown (including for the avoidance of doubt the Scottish Ministers);

57.4.2 a [local authority (as defined in the Local Government Etc (Scotland) Act 1994)]22 which has sufficient financial standing or financial resources to perform the obligations of the Authority under this Agreement and any other agreements to which such assignation, transfer or disposal relates; or

57.4.3 any other public body whose obligations under this Agreement and any other agreements to which such assignation, transfer or disposal relates are unconditionally and irrevocably guaranteed by the Authority or a Minister of the Crown (including for the avoidance of doubt the Scottish Ministers) having the legal capacity, power and authority to perform the obligations under the guarantee and the obligations of the Authority under this Agreement and any other agreements to which such assignation, transfer or disposal relates to;

57.4.4 [any other Participant which has sufficient financial standing or financial resources to perform the obligations of the Authority under this Agreement and any other agreements to which such assignation, transfer or disposal relates]23,

without the consent of [Sub-hubco/Project Co]. The prior written consent of [Sub-hubco/Project Co] (not to be unreasonably withheld or delayed) shall be required for any other assignation, transfer or disposal by the Authority of the whole or any part of this Agreement or of any agreement entered into in connection with this Agreement to which the Authority and [Sub-hubco/Project Co] are both party, provided that nothing in this Clause shall restrict the rights of the Scottish Ministers to effect a statutory transfer.



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22 Insert a description of the category of public body that the procuring authority falls within (if not a local authority)

23
For hub projects only