Tender Dossier (PDF) - Eulex

Article 4Communications4.1. Communications between the Contracting Authority and/or the Project Manager on the onehand, and the Contractor on the other, shall be exclusively in writing. Unless otherwisespecified in the Special Conditions, communications between the Contracting Authorityand/or the Project Manager on the one hand, and the Contractor on the other hand, shall besent by post, cable, telex, fax transmission, or delivered by hand, to the addresses designatedby the Parties for that purpose.4.2. If the person sending a communication requires acknowledgement of receipt, he/she shallindicate this in his communication. Whenever there is a deadline for the receipt of a writtencommunication, the sender should ask for an acknowledgement of receipt of hiscommunication. In any event, the sender shall take all necessary measures to ensure receiptof his communication.4.3. Wherever the contract provides for the giving or issue of any notice, consent, approval,certificate or decision, unless otherwise specified such notice, consent, approval, certificateor decision shall be in writing and the words "notify", "certify", "approve" or "decide" shallbe construed accordingly. Any such consent, approval, certificate or decision shall notunreasonably be withheld or delayed.Article 5Assignment5.1. An assignment shall be valid only if it is a written agreement by which the Contractortransfers his contract or part thereof to a third party.5.2. The Contractor may not, without the prior written consent of the Contracting Authority,assign the contract or any part thereof, or any benefit or interest thereunder, except in thefollowing cases:a) a charge, in favour of the Contractor's bankers, of any monies due or to become due underthe contract; orb) the assignment to the Contractor's insurers of the Contractor's right to obtain relief againstany other person liable in cases where the insurers have discharged the Contractor's lossor liability.5.3. For the purpose of Article 5.2, the approval of an assignment by the Contracting Authorityshall not relieve the Contractor of his obligations for the part of the contract alreadyperformed or the part not assigned.5.4. If the Contractor has assigned his contract without authorisation, the Contracting Authoritymay, without giving formal notice thereof, apply as of right the sanctions for breach ofcontract provided for in Article 35 and 36.5.5. Assignees must satisfy the eligibility criteria applicable for the award of the contract andthey can not be in any of the situations excluding them from participating in contracts whichare listed in Section 2.3.3 of the Practical Guide to contract procedure for EU externalactions.