XIV. Additional Standard Clauses
It is usual to also include in such a joint venture agreement a certain number of…
Assignment - ICC Model Contract Art. 18.3…
“No Consortium Member shall assign its rights under this Agreement to any third party, without the prior written consent of all Consortium Members, and any attempted assignment, without this consent shall be void. Should the Contract additionally require Employer’s authorization for such an assignment, the latter will only be effective upon prior approval of all Consortium Members and Employer…
The idea of this clause is that if the benefit or the rights under a contract can…
Amendments - ICC Model Contract Art. 18.4…
“No amendment to this Agreement will be binding, unless made in writing by Authorized Representatives of all Consortium Members. Any waiver of this requirement for the written form shall likewise be issued in writing thereby…
The goal of such a variation clause is to render more difficult for a party to unilaterally…
Partial Invalidity - ICC Model Contract Art. 18.7Sayfa 246…
“Any individual provision of this Agreement which is or becomes invalid, or any omission to provide for any subject matter, shall not affect the validity of the remaining provisions of this Agreement. In such case, the Consortium Members shall seek effective solutions as closely as possible approximating (in economic effect) the invalid provisions…
This severability clause aims at avoiding any risk of total invalidity of the contract.…
Entire Agreement - ICC Model Contract Art. 18.10…
“This Agreement is the Consortium Members’ entire agreement relating to the subject matter hereof. It supersedes all prior or contemporaneous agreements, oral or written communications, proposals, drafts and representations with respect to its subject matter. Such prior or contemporaneous agreements, oral or written communications, proposals, drafts and representations may however be used for the interpretation of the Agreement where the Agreement is unclear or ambiguous…
The purpose of this entirety clause is to facilitate the ascertainment of the content…
Public Announcements - ICC Model Contract Art. 18.12…
“No Consortium Member shall make any public announcement or communicate any information to third parties concerning the subject matter of this Agreement without prior approval of the other Consortium Members…
Such a clause is often necessary when one of the parties participating to a specific…
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