Agmt10 Flowserve US Inc. - Laserfiche WebLink

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x. ASSIGNMENT A. Buyer has the right to assign the Contract for furnishing Equipment and Services hereunder and Seller shall accept such assignment. The form documenting the assignment of the Contract is attached as Exhibit A-1 to this Agreement and incorporated herein. 1. The Contract will be executed in the name of Buyer initially, and will be assigned to a construction contractor designated by Buyer. The assignment will occur on the date of the Notice to Proceed issued by the Buyer to the construction contractor, which is expected to occur on or about March 15, 2010. As of the date of acceptance of assignment by the construction contractor, all references in the Contract Documents to Buyer shall mean the designated contractor whose responsibilities will include the installation or erection or incorporation of the Equipment and Services furnished by the Seller. 2. The assignment of the Contract shall relieve Buyer from all further obligations and liabilities under the Contract. After assignment, Seller shall become a subcontractor or supplier to the assignee and, except as noted herein, all rights, duties, and obligations of Buyer under the Contract shall become the rights, duties and obligations of the assignee. 3. After assignment all performances warranties and guarantees required by the Contract Documents will continue to run for the benefit of Buyer and, in addition, for the benefit of the assignee. B. No other assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound. Specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law). Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. c. Buyer and Seller each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. D. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Buyer and Seller. The Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. AGREEMENT MAIN PUMP PROCUREMENT PACKAGE Agreement-6