Article 8 in the Maintenance Agreement
which provides for the assignment and subcontracting of the
rights and obligation and the same reads as under ... assignment agreement can be
easily discerned:
a) That by way of article 8 of the maintenance agreement, the
assignment and/or subcontracting in general
Subcontracting. Clauses 3.1 and 3.2(i) read
as follows:
"3.0 - ASSIGNMENT AND SUBCONTRACTING:
3.1 - Assignment:
The Contractor shall not, except with the
previous consent ... transfer or
assign their obligations or interests in the Contract or any
part thereof in any manner whatsoever."
3.2 - Conditions for Subcontracting:
Concerning
words prior approval either in
respect of the subcontract or in respect of the assignment of the contract.
2.Then, there is a definite difference ... necessary.
There is undoubtedly a dichotomy in the concepts of subcontracting and
assignment of the contract. It is, therefore, obvious that for such
subcontracting, there
information which it had
obtained at the time of subcontract assigned to them.
13.1 The addresses of these parties were supplied
Further, Clause
13 stipulates that "The Contractor shall not assign, sublet or
subcontract any part ... Contract at any time during contract
period. Further, any Assignment/Subletting/Subcontracting, as
above shall be void ab initio and the Corporation shall have right
either on its own
in the said Commercial Complex or further assign/subcontract
the said work to any other Company(s). The Buyer further
agrees
Contractor and Contractor shall not have the right or ability to
subcontract, delegate, assign or otherwise transfer any rights
or obligations under this Agreement without ... reveals that Agilis does not have the
right or ability to subcontract, delegate, assign or otherwise transfer without
prior written consent of Megasoft, but what
that Clause 17.1 of the purchase order, which is
titled 'Assignment, Subcontracting', permits the buyer, viz., the plaintiff
company, to assign or reassign
amended only to the limited extent
set forth in the Assignment Agreements.
* The terms and conditions of the original contracts were
determined in substance ... Tellabs Denmark and
were only subsequently subcontracted/assigned to the
assessee.
* The assessee merely carried out the contract with PGCIL in
accordance with the terms
Lg Electronics Inc., Korea (Lgek), ... vs Dcit, Circle- 2(2)(1), International ... on 2 September