The Assignment of Services Agreement is a crucial document used when a service provider needs to transfer their contractual obligations to another party in the Philippines. This typically occurs during business restructuring, mergers and acquisitions, or when a service provider is unable to continue performing their obligations. The agreement must comply with Philippine Civil Code requirements and often requires careful consideration of labor laws, especially when service personnel are involved. The document includes detailed provisions about the scope of services being assigned, payment arrangements, warranties, and indemnities. It's essential to ensure all necessary consents are obtained and that the assignment doesn't violate any Philippine regulatory requirements or the terms of the original services agreement. The agreement should clearly outline the transition process and any ongoing obligations of the original service provider.
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1. Parties: Identification of the assignor, assignee, and original service provider (if different from assignor)
2. Background: Context of the original services agreement and the reason for assignment
3. Definitions: Key terms used throughout the agreement, including Services, Original Agreement, Effective Date, etc.
4. Assignment and Assumption: Core provisions detailing the assignment of rights and obligations from assignor to assignee
5. Consent to Assignment: Explicit consent from all parties to the assignment of services
6. Effective Date: When the assignment takes effect and any conditions precedent
7. Scope of Assignment: Specific rights, obligations, and services being assigned
8. Payment Terms: Financial arrangements, including any adjustments to original payment terms
9. Representations and Warranties: Statements of fact and guarantees from each party regarding their capacity and authority
10. Liabilities and Indemnities: Allocation of responsibilities and risks between parties
11. Governing Law and Jurisdiction: Specification of Philippine law as governing law and choice of courts
12. Entire Agreement: Integration clause confirming this document as the complete agreement regarding the assignment
1. Transition Services: Used when the assignor needs to provide temporary support during transition
2. Intellectual Property Rights: Include when services involve creation or use of intellectual property
3. Data Protection: Required when personal data processing is involved in services
4. Non-Competition: Include when restricting assignor from competing post-assignment
5. Third Party Consents: Necessary when assignment requires approval from external parties
6. Insurance: Include when specific insurance coverage must be maintained
7. Security Requirements: Used when services involve access to sensitive systems or information
8. Force Majeure: Optional clause for unforeseen circumstances affecting service delivery
1. Schedule A - Original Services Agreement: Copy or summary of the original agreement being assigned
2. Schedule B - Scope of Services: Detailed description of services being assigned
3. Schedule C - Payment Terms: Detailed breakdown of fees, payment schedule, and billing procedures
4. Schedule D - Service Levels: Performance metrics and service standards if applicable
5. Schedule E - Transition Plan: Details of the handover process and timeline
6. Appendix 1 - Required Consents: List of third-party consents obtained or required
7. Appendix 2 - Contact Details: Key personnel and communication protocols
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Information Technology
Business Process Outsourcing
Professional Services
Consulting
Healthcare
Engineering
Construction
Financial Services
Education
Telecommunications
Manufacturing
Logistics
Real Estate
Relevant Teams
Legal
Operations
Procurement
Finance
Compliance
Risk Management
Business Development
Contract Administration
Project Management
Service Delivery
Account Management
Corporate Secretariat
Relevant Roles
Legal Counsel
Contract Manager
Chief Executive Officer
Chief Operating Officer
Operations Manager
Project Manager
Procurement Manager
Business Development Manager
Service Delivery Manager
Account Manager
Compliance Officer
Risk Manager
Corporate Secretary
Finance Director
Human Resources Director
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