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No Assignment Contract Clauses (923)

Grouped into 44 collections of similar clauses from business contracts.

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What To Do When You Have No Idea How To Tackle A New Assignment

Published: Sep 30, 2018 By Kevin Dickinson

Your manager calls you into her office to discuss a new initiative—and its importance to the company. While she goes over the details, you smile and nod at the appropriate beats, but the whole time you’re thinking, “What does this have to do with me?” And then it hits you: Oh, no. She’s giving me the assignment?

Thing is, you have no idea how to tackle the project. None. This one is so far outside your wheelhouse , you’re not even sure you can bunt it, much less hit a home run.

But You Can

Follow the steps below and you’ll be able to tackle any new task even if you begin with no idea how. Start with step one, and work your way up to six. When you’re done, start over, and over, and over… If you bring your skills, intelligence, and determination to every stage of the process, you won’t just succeed—you’ll develop as a professional and gain valuable expertise.

Step 1. Don’t Panic

When you panic, your heart rate increases and your adrenaline spikes, drowning your senses in an unappeasable urgency. Feeling rushed, you lose focus and become even more stressed. These feelings will prompt you to multitask in a bid to ease that sense of impending crisis. This, of course, does the opposite, leading to further panic, additional stress, and more fruitless multitasking.

So don’t panic.

Take a deep breath , go for a quick walk to shake off the jitters, and remind yourself that you will succeed.

Step 2. Start With Something Small

The project is impossibly large when you look at it as a whole, and you’re tempted to freeze. Prevent stalling by starting small and easy—send out an email, set up a meeting, or outline the broad strokes and ignore the detail work. Whatever you need to do to prevent procrastination and gather momentum, do it. 

Later on in the assignment, you’ll come across daunting components. Make them more manageable by breaking them into smaller steps and tackling them one at a time.

Step 3. Do Your Research

The chances are good someone, somewhere has tackled a similar task, so do your research and learn what you can. Ask around the office. Gather experience from former coworkers. Search for articles on the Internet or go to the library and find a book on the process.  

Even if the information you discover doesn’t relate to the exact same work, you’ll likely be able to connect what you’ve found to your own knowledge and devise a preliminary path forward.

Step 4. Try Something

Once you’ve done your research, try something. Anything. The point is to put your research to use, and just start. And if you just start, you’ll begin making headway. Will you fail? Maybe. Will you succeed? Maybe. Either way, you’ll be making progress thanks to the next step.

Step 5. Assess Your Work

Once you’ve tried something, stop and assess your work. Does it fit within the assignment’s objective? Does it meet that objective? Is it up to your standards? What did you do correctly? What could be improved?

This is a good time to gather feedback . An outsider’s perspective will unveil qualities in your work—both negative and positive—that you’re too close to see. Taking criticism—even constructive, helpful criticism—can be difficult, but don’t take it personally. Use it to improve.

Depending on what your assessment reveals, you’ll want to do one of the following.

Step 6a. Did You Fail? Try, Try Again

Don’t look at failure as, well, failure . Remember, you had no idea what you were doing at first. To even have work to assess shows incredible progress. The knowledge you’ve gained and the lessons you’ve learned qualify as successes you can build on. Jump back to step one and try again.

Step 6b. Did You Succeed? Celebrate!

Congratulations! Whether large or small, success builds on success. The more successes you earn, the more comfortable you’ll feel, and the more likely you are to succeed again. Acknowledge your achievement, pick a new part of the assignment, and jump back to step one.

Once you’ve completed the assignment, treat yourself. Grab a cup of coffee or an after-work drink, and take a moment to consider what you’ve accomplished. Is it perfect? Nope. But you had no idea what you were doing, and you managed to tackle the project despite your lack of expertise. And next time, you’ll be able to take this experience and these steps and triumph once again!

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No assignment

No assignment clause samples

No Assignment .ExecutiverepresentsandwarrantsthatExecutive has made no assignment or other transfer, and covenants that Executive will make no assignment or other transfer, of any interest in any claim which Executive may have against the Company or any of the other Releasees (as defined in the Release).

11/06/2020 (Summit Midstream Partners, LP)

17. No Assignment . The Employee represents and warrants that Employee has made no assignment , and will make no assignment , of any claim, action, or right of any kind whatsoever, embodied in any of the matters referred to in this Agreement, and that no person or entity of any kind had or has any interest in any of the demands, obligations, actions, claims, debts, liabilities, rights, contracts, damages, attorneys’ fees, costs, expenses, losses, or claims referred to in this Agreement. By signing this Agreement, Employee has released all claims against the Releasees on behalf of Employee’s self, heirs, spouse, representatives, attorneys, advisors, family members, agents, or assigns.

05/01/2019 (NUVASIVE INC)

6. NO ASSIGNMENT . No party hereto may assign its rights, interests or obligations hereunder to any other person (except by operation of law) without the prior written consent of each other party hereto; provided, however, that the Guarantor may assign all or a portion of its obligations hereunder, with prior written notice to the Guaranteed Party accompanied by a guarantee in the form identical to this Limited Guarantee duly executed and delivered by the assignee, to an Affiliate of the Guarantor; provided, further, that no such assignment shall relieve the Guarantor of any liability or obligations hereunder except to the extent actually performed or satisfied by the assignee.

11/21/2017 (JA Solar Holdings Co., Ltd.)

5. No Assignment . This letter and the commitment of the Investor described herein shall not be assignable by Parent without the prior written consent of the Investor, and the granting of such consent in a given instance shall be solely in the discretion of the Investor and, if granted, shall not constitute a waiver of this requirement as to any subsequent assignment. The Investor may without the prior written consent of Parent assign some or all of its obligations under Section1 to any of its Affiliates if such assignment is not reasonably expected to have the effect of impairing or delaying the Closing or the funding of the Investor’s Commitment at the time set forth in Section1, but may not otherwise assign its rights or obligations hereunder. No assignment by the Investor of any of its obligations hereunder will relieve the Investor of its obligations under this letter. Any purported assignment in contravention of this Section5 shall be void.

07/17/2017 (NCI, Inc.)

12. No Assignment . This Note shall not be assignable by Payee without the prior written consent of Maker.

08/17/2018 (Collective Wisdom Technologies, Inc.)

C. No Assignment . A Participant or Participant’s beneficiary shall have no right to anticipate, alienate, sell, transfer, assign, pledge or encumber any right to receive any incentive made under the Plan, nor will any Participant or Participant’s beneficiary have any lien on any assets of any Participating Employer, or any affiliate thereof, by reason of any Award made under the Plan.

02/14/2017 (Vistra Energy Corp)

9) NO ASSIGNMENT . The Option Agreement and the Option Rights shall not be assignable, whether by operation of law or otherwise, and any attempt to do so shall be void.

08/19/2020 (SIGNET INTERNATIONAL HOLDINGS, INC.)

11. No Assignment . The Commitments evidenced by this Agreement shall not be assignable, in whole or in part, by Newco without each Fund’s prior written consent, and the granting of such consent in a given instance shall be solely in the discretion of such Fund, and, if granted, shall not constitute a waiver of this requirement as to any subsequent assignment. No assignment by any Fund shall relieve such Fund of any of its obligations under this Agreement (including, without limitation, with respect to the Commitment), and, without limitation of the foregoing, if any assignee is unable or unwilling to fund, including by reason of the failure to obtain any approvals required by any Governmental Authorities relating to such assignment, the assignor Fund shall fund the previously assigned portion of its Commitment. Any purported assignment of this Agreement or the Commitment in contravention of this Section11 shall be void.

10/30/2017 (Gigamon Inc.)

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Never Miss an Assignment Again

Angela Ruth

• Business Tips

Wednesday, September 22nd, 2021

Everybody makes mistakes, but nobody wants to. Missing an assignment is a common mistake that we have all made at some point. While sometimes a solution can be as simple as pushing back the deadline, missing major assignments can cost you your job or a good grade in your classes.

Whether you’re struggling with school assignments, work projects, or balancing them both, this guide will help you never miss another assignment no matter what:

Write Down Everything

Start by writing absolutely everything you can about your project or assignment. Then, put every assignment due date into your Calendar with no exceptions. Even the smallest of deadlines are worth taking note of. You can use multiple calendars to spread out tasks by topic; just remember to have them all pulled into one Calendar — like the Calendar app, so you don’t miss a date.

Using an online Calendar means you can have access to your assignment list no matter where you are. Having direct access wherever you are will come in handy. Remember when you’ve had a paper due at midnight while you’re at a friend’s house and need to log on really quickly to upload your information? Your online Calendar will sync across all devices. You want to be able to check due dates on your smartphone as well as when you’re sitting at a computer.

If you like to physically write things down, go ahead! The action of writing things down can help improve memory , which is extremely important if you’re hoping to never miss an assignment again.

Give Yourself Plenty of Reminders

Even when everything is written down in your Calendar, there’s still a chance that you will forget an upcoming due date. However, a healthy dose of reminders ensures that not even the smallest detail gets overlooked over time. After all, a lot can happen between the day you write down as assignment due date and the day it actually arrives.

For example, you can set a reminder the day before an assignment is due for school to make sure that you have it completed. As you clock into work, a morning reminder will remind you of the tasks you need to complete by the end of your shift. These reminders force you to look at your Calendar after you fill it in initially.

Check Your Email to Start the Day

Last-minute changes happen, often due to circumstances out of your control. Even so, you should be aware of these changes so that you don’t get caught off guard. Checking your email at the beginning of each day should do the trick.

By starting your day off by scanning emails , you’ll be able to see the message your manager sent you at midnight notifying you that they expect your next assignment to be completed a day earlier. If you neglected to check your email in the middle of the night or at the start of your shift, you would be completely unaware of this change until it might be too late to do anything about it.

An email from your professor might contain a new assignment list for the following week. If you miss this email, you won’t be able to change up your Calendar in time to adjust your timetable and study schedule.

Communicate With Others

To avoid mishaps with upper management, make an effort to communicate often. Set clear expectations with your manager about how and when to communicate, so you’re not always getting the brunt of last-minute adjustments.

If your work gives you too many assignments, you’re more likely to miss a deadline or two due to the heavy workload. Your workload is another thing you can communicate with your superiors. If you don’t make it known that you’re feeling overwhelmed, nothing will change.

Communicating with coworkers and peers is also essential. We’ve all had a poor experience doing a group project where certain members of the group fail to pull their weight. Staying connected with them won’t be easy, but it will ensure that their feet-dragging won’t be the reason a project isn’t ready to submit on time. A reliable project member can also help you stay on top of deadlines as they arrive by sharing the responsibility.

Learn From Your Mistakes

Most of the time, when you miss an assignment, it’s because a mistake was made, even if only a small one. To stop missing assignments, learn from the mistakes you make to avoid repeating them. Over time, you’ll be a master of punctuality and completing deadlines.

Some mistakes we’ve already covered, in a sense. For example, failing to write down your due dates leaves a lot of room for error regarding late assignments. If this has happened to you, learn from your mistakes by vowing to write everything down from this point forward.

If you’re making an active effort to learn and improve, mistakes only need to happen once before you learn from them. For example, after putting a deadline on the wrong day in your Calendar once, you’ll be a lot more careful in the future.

Stop Procrastinating

Flexible due dates are the worst for chronic procrastinators. The due date will keep getting pushed back until its breaking point, and often ends up coming in late because of it. Staying on top of all your assignment means kicking procrastination to the curb .

If you have a problem with procrastinating, try to find a sense of urgency. Give yourself rewards for getting tasks done early. Use your Calendar to put together a work plan that ensures you’re chipping away at month-long projects. Do whatever it takes to avoid cramming in work at the last minute.

Don’t get too comfortable even when these tips start to show results. You need to stay on top of your game in order to meet all your deadlines with precision. You’ll be able to form better habits along the way but never let up, and you’ll never miss an assignment again.

Image Credit: ketut subiyanto; pexels; thank you!

• Entrepreneur
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My name is Angela Ruth. I aim to help you learn how Calendar can help you manage your time, boost your productivity, and spend your days working on things that matter, both personally and professionally. Here's to improving all your calendars and becoming the person you are destined to become!

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View and navigate your assignments (student)

View both upcoming and completed assignments by class, or view them across all your classes. Selecting an assignment will allow you to view its details, turn it in, or view feedback and scores. You can also view your current grades by class.

View and sort assignments within one class

Navigate to a class team, then select Assignments .

Tip:  Use your search bar to search for an assignment by keyword.

Upcoming assignments

The Upcoming  tab will show all upcoming assignment you have not done yet, sorted by order of due date. The Past Due tab will show all Past Due assignment not completed yet. Sorted by today and older 

Late assignments will include a Past due warning.

Select an assignment to view details, attach resources, and turn it in.

Upcoming assignment status

Assignment title and due date —Before the due date. You haven’t turned in work yet.

Past due —You haven’t turned your assignment in yet and it’s past the due date. This will only appear if your educator is accepting late turn-ins.

View turned in and returned assignments

Completed assignment status

Open a completed assignment to view more details on its status.

View grades in one class

Here you'll see all your assignments listed with the nearest due date at the top. View your status on each assignment as well as points you've received on graded work. Assignments without points will show as Returned after your educator has reviewed them.

Average Grade

If your class has enabled it, you can also see the Average Grade for this class and View Details to see your trend for your assignments.

View assignments across classes

To view assignments across all your classes, select Assignments from your app bar. Select an assignment to open it or turn in work. 

Select Upcoming to see any upcoming assignment across all of your classes.

Select Past Due to see any past due assignment across all of your classes.

Select  Completed to see work that you have completed across your classes.

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Rethinking the “No Assignment” Provision

27 November 2023 20 November 2012 | Ken Adams

In this post , Brian Rogers explains how, as an experiment in crowdsourcing contract language, he has posted on Quora ( here ) his candidate for “the best anti-assignment provision in a contract ever.” He says that it’s “probably lifted” from Negotiating and Drafting Contract Boilerplate (Tina Stark ed. 2003) ( NDCB ). Here’s Brian’s provision:

Neither party may assign any of its rights under this agreement, either voluntarily or involuntarily, whether by merger, consolidation, dissolution, operation of law, or any other manner, except with the prior written consent of the other party. Neither party may delegate any performance under this agreement, except with the prior written consent of the other party. Any purported assignment of rights or delegation of performance in violation of this section is void.

It so happens that I’ve been idly contemplating shortcomings in standard no-assignment language. That’s something that I’ve tackled previously ( here ), and Brian’s post prodded me to revisit the topic.

I’ll start by offering the following comments on Brian’s provision:

• In the interest of consistency I prefer using “shall not” for language of prohibition, but that’s something I’m still exploring. Using “neither party may” works too.
• If you provide for the possibility of consent, it would be safest to assume that consent can’t be unreasonably withheld. If you have a problem with that, omit any mention of consent.
• Isn’t “voluntarily or involuntarily” needless elaboration, analogous to saying “I don’t eat fish, whether fresh-water or salt-water”?
• To avoid having to be all encompassing (“or in any other manner”), I’d use “including”.
• You might want to make it clear whether the prohibition applies to mergers regardless of whether the party is the surviving or disappearing entity (see this post ).
• The distinction between assigning rights and delegating obligations is pointless; in this context, “assign” and “delegate” constitute what I call “misapplied terms of art” (see this post ). Because the provision refers to what is being assigned and delegated, a generic alternative to both words would work just as well, and I opt for “transfer”. Regarding that choice, NDCB , at 56, says, “The problem, however, is that there are reams of cases that analyze ‘assign,’ but not ‘transfer.’ If ‘transfer’ were used alone, the precedential value of the existing cases might be compromised. Moreover, the cases already question the meaning of ‘transfer.'” This doesn’t worry me, as the context makes it clear what’s going on.
• It’s unclear what “rights” refers to. (I don’t use the word “rights” anywhere in MSCD .) I think it refers to discretion granted to a party under an agreement and any remedy that a party has under an agreement, and I’d rather make that explicit.
• By referring to delegation of performance rather than delegation of obligations, Brian’s provision seeks to reflect that a party might delegate not only a duty but also a condition. See NDCB at 26, 74. But I think it’s unrealistic to expect readers to deduce that nuance from a reference to delegation of performance; it would be better to make it explicit.
• The last sentence is language of policy. I suggest that because it relates to a contingent future event, most native English speakers would say “will be void” rather than “is void”.

So here’s my initial version (it’s certain to change) [ Updated 9 August 2016: Language tidied up]:

Except with the prior written consent of the other party, each party shall not transfer, including by merger (whether that party is the surviving or disappearing entity), consolidation, dissolution, or operation of law, (1) any discretion granted under this agreement, (2) any right to satisfy a condition under this agreement, (3) any remedy under this agreement, or (4) any obligation imposed under this agreement. Any purported transfer in violation of this section X will be void.

Because my version makes explicit what Brian’s version only alludes to, it’s longer, but not by much (85 words versus 72 words).

I’ve posted my version on Quora, under Brian’s. (Hey, Brian! In. Yo. Face!) But crowdsourcing is still no way to identify optimal contract language. In particular, I wouldn’t rely on contract language select by haphazard vote. Instead, what you have here is the usual process of Brian, me, and others hashing stuff out. I look forward to having readers point out the weaknesses in my version.

[ Updated 27 November 2023: Bear in mind that in some contexts—notably bankruptcy—no-transfer provisions are unenforceable by law. See my 2014 article on termination-on-bankruptcy provisions, here .]

About the author

Ken Adams is the leading authority on how to say clearly whatever you want to say in a contract. He’s author of  A Manual of Style for Contract Drafting , and he offers online and in-person training around the world. He’s also chief content officer of LegalSifter, Inc., a company that combines artificial intelligence and expertise to assist with review of contracts.

17 thoughts on “Rethinking the “No Assignment” Provision”

I have several concerns here. First, I have never been happy with the “each party shall not” formulation. I don’t mind “may not,” or better yet, “no party may,” but if you really want to use “shall not,” then I recommend “a party shall not” as being less awkward and contrary to normal usage.

Second, I’m surprised that you would allow “by operation of law” to survive here. For the most part, this phrase is used to refer to the “automagic” continuation of the disappearing company’s contracts under the aegis of the surviving company in a merger, in which case the language is redundant when you’ve already discussed mergers. Moreover, if this language relates to some other operations of law, for example an order of a bankruptcy court, it’s rather hubristic to think a contract can trump the ruling authority. Better, if it’s such a big deal, to handle the consequences of such a mandated transfer by giving the affected party an explicit termination right (without the nasty consequences of breach).

Third, in my experience the issues surrounding “delegation” are not only that it’s a misapplied term of art, but that it mistakes the transfer of a contractual obligation for a subcontracting of its performance. In fact, reliance on delegation or transfer is misplaced if one is concerned about subcontracting (since it doesn’t really amount to a transfer of any contractual obligation, only having that obligation physically performed by someone else). A drafter should inquire carefully what the client is really concerned about here, and if it’s subcontracting, that should be explicitly mentioned.

Ah, thank you Vance. I thought My discomfort with ‘delegate’ was a translation issue from US to UK English. I,too, Think that is the wrong word to use.

“No purported transfer of one or more of the following arising from this agreement will be valid without prior written consent of the other party: (1) discretion, (2) right to satisfy a condition, (3) remedy under this agreement, and (4) obligation.”

Other than light trimming, the principal thing this version does is dump the duty not to transfer and go solely with the avoidance of purported transfers. Why prohibit killing the dead?

Because failure to comply with a prohibition gives rise to a remedy; voiding purported transfers doesn’t. I can imagine situations where that might be significant.

No one can fail to comply with a prohibition against transfer when purported transfers are void. Void transfers are non-transfers. Killing the dead isn’t wicked, it’s just impossible.

It’s wicked and depraved! Actually, what happens if Acme makes a purported assignment that results in costly and protracted litigation? Widgetco would like to be able to go after Acme. Wouldn’t that be easier if Widgetco could point to breach? Should the obligation refer to not attempting to transfer?

“Any purported transfer by Acme, without Widgetco’s advance written consent, of one or more of Acme’s rights or obligations under this agreement will be void and will constitute a breach of this agreement.”

This game is based so much on underlying US laws on the meaning of assignment, merger, etc, that it is impossible for a non-US lawyer to participate. We don’t generally have mergers where a party disappears into a puff of smoke. A sale of a business [nearly] always happens by a sale of shares or a sale of assets.

I think the concept of assigning rights under a contract is well established in case law and using different terminology is reinventing the wheel.

I think the “if you do it despite the prohibition, it will be void” concept is strange, but one that I have seen before in US contracts. I don’t think it works, under English law, in respect of prohibitions on assignments of IP. I am doubtful whether it works for assignments of rights under contracts.

For what it is worth, my English law version would be very different and would simply say:

Neither party may assign any rights, or transfer any obligations, under this agreement, without the prior written agreement of the parties.

I have used the word “agreement” rather than “consent” to try to avoid case law on whether a term should be implied that consent should not be unreasonably withheld. The terminology of assignment and transfer is based on a House of Lords case, Linden Gardens v Lenesta Sludge – see http://www.bailii.org/uk/cases/UKHL/1993/4.html

As usual, caselaw is of less interest to me than the scope for confusion. I suspect that if you ask many lawyers what is meant by assignment of rights under a contract, you’d get quite a variety of answers.

Okay, Ken I’ll take your word for it. English lawyers who keep Chitty on Contracts under their pillows won’t be so variegated

Mark: Regarding your statement, “I think the ‘if you do it despite the prohibition, it will be void’ concept is strange, but one that I have seen before in US contracts,” consider the probable source of such provisions:

Since U.S. contract law is the province of the states, we have the high court of each of the 50 states reviewing the handiwork of probably twice that number of state appellate courts, which in turn have reviewed the work of probably thousands of trial courts. In addition, we have almost 90 federal district courts trying to predict how the supreme courts of the various states would rule if they were hearing the contracts cases that have fallen into the laps of the federal courts due to accidents of jurisdiction, plus the dozen courts of appeals and the Supreme Court. Then there are specialty federal courts such as the bankruptcy and tax courts which provide an additional source of cases for the federal district and appellate courts to review. And did I mention the extensive administrative law system that probably dwarfs all of the above in scope and which I’m sure has plenty to say about contracts?

Somewhere, sometime in the distant past one of those courts had an unfortunate fact pattern and, wanting to avoid the effect of an anti-assignment provision, decided that although the purported assignment was a breach of the contract in which it was found, the assignment was still effective. Other courts picked up on the work-around, and commercial lawyers have all been covering that base ever since.

Thanks Brian, interesting insight. I would have posted on your site but For the reasons given above I didn’t have a useful contribution.

• Pingback: Koncision » Quora as a Source of Misinformation

The language as being quoted from Negotiating and Drafting Boilerplate is incomplete. Here is the full language, along with explanations of some of the text. Many of my points will be at odds with those of Ken and arise because of differences in drafting philosophy.

Assignment and Delegation.

(a) No Assignments. No party may assign any of its rights under this Agreement, except with the prior written consent of the other party. [That party shall not unreasonably withhold its consent.] All assignments of rights are prohibited under this subsection, whether they are voluntary or involuntary, by merger, consolidation, dissolution, operation of law, or any other manner. For purposes of this Section,

(i) a “change of control” is deemed an assignment of rights; and

(ii) “merger” refers to any merger in which a party participates, regardless of whether it is the surviving or disappearing corporation.

(b) No Delegations. No party may delegate any performance under this Agreement.

(c) Consequences of Purported Assignment or Delegation. Any purported assignment of rights or delegation of performance in violation of this Section is void.

1. The provision is divided into three separate subsections, each dealing with a different topic. A long provision violates the so-called “three-line rule.” Sentences longer than three lines are hard for the reader to take in. Also, by separating assignment from delegation, the drafter is reminded that each of these provisions may need to be elaborated based on facts. (Perhaps delegation is permitted subject to certain conditions.)

2. Generally, exceptions should not begin a sentence. The usual rule is to state the rule – so that the reader has context – and then state the exception. This is also helpful if the sentence contains multiple exceptions that the drafter might want to tabulate.

3. I prefer “No party may” to “Each party shall not.” The sentence’s purpose is to express a prohibition that applies to all – no one can do it. In this context, a negative subject is appropriate: no party/neither party. When using a negative subject “may” is correct. “Shall not” works perfectly well when the subject of the sentence is a single party. “Sam shall not borrow any money.”

4. As to whether consent can be unreasonably withheld is a matter of state law. Some states read into a provision that grants discretionary authority an implied promise of good faith and fair dealing, stated differently, they read in reasonableness. Others do not imply a reasonableness requirement. For example, in New York, landlords may be unreasonable in denying consent to assignment.

5. Courts seriously dislike anti-assignment provisions. They view them as interfering with the free flow of commerce. They insist that if a particular assignment is to be prohibited, it must be listed. For example, if a provision prohibits the assignment of rights, the issue arises as to whether the provision prohibits the assignment of rights by merger. In all states that I’ve checked, unless the assignment by merger is explicitly prohibited, it’s permitted. The courts are rather adamant. They’ll turn their decisions inside out to find the anti-assignment provision unenforceable. They don’t like them and if the provision isn’t explicit, the courts will say that if the parties had really wanted to prohibit assignments by merger, they knew how to use their words. “Voluntarily or involuntarily” is used consistent with these cases.

6. Drafters have tried multiple ways to create all-inclusive provisions, but the courts reject them as not having been specific. “or in any other manner” was blessed by one court, so it’s used in the provision. Another court rejected the phrase “or by any other transfer,” stating that it did not know what “transfer” meant and it therefore could not act as an omnibus savings provision.

7. An anti-assignment provision should also address whether a change of control is deemed an assignment. If Parent Company A sells all of its issued and outstanding shares in Subsidiary A to Buyer Company, Subsidiary A becomes a wholly-owned subsidiary of Buyer Company. Nothing has happened at the Subsidiary A level; there’s been no assignment. Courts hold that unless the change of control is expressly prohibited, it does not rise to the level of an assignment. This prohibition can generally be accomplished in one of two ways: either through a definition, as in the stated provision, or by including a change of control as a default.

8. Assignment and delegation are terms of art, not misapplied terms of art. The Restatement (Second) of Contracts carefully defines them, as do legions of cases. Unfortunately, some lawyers are unfamiliar with them because their contracts courses didn’t cover them. That doesn’t mean new words should be created.

9. Rights are the flip-side of an obligation. If I have an obligation to pay you $100, you have a right to my performance. The transfer of the right to performance is what the assignment is all about. It’s technical. Using terms in a technical way creates precision. If one has discretionary authority, that is a colloquial right but not a contract right. That’s the reason why “right” is not used to signal discretionary authority. Instead, the correct verb to signal discretionary authority is “may”. Incorrect: The publisher has the right to reject the book. Correct: The publisher may reject the book.

Rights can also refer to remedies, but that is consistent with the definition of rights. If a party has a right to have its deposit returned, the flipside obligation is the obligation to return it. If a party has a right to an injunction, the flipside obligation is the promise not to contest the right to the injunction.

10. “Will be void” v. “is void.” I can’t get too excited about this issue. I start from the premise that the contract should always read as if it presently applies and that, therefore, the present tense is correct.

11. Subsection (c) is another consequence of the courts’ dislike for anti-assignment provisions. Mere prohibition does not void the assignment. The courts draw a distinction between the “right” to assign and the “power” to assignment. A flat prohibition merely prohibits the assignment of the right to assignment. Violation of the prohibition is a breach, like any other contract breach. The assignment is enforceable, but gives rise to damages. Unfortunately, the nonassigning party often has trouble finding damages to claim. What difference does it make to whom it pays money? If the nonassigning party’s performance is somehow changed, then damages might be claimed. To make the purported assignment unenforceable, a provision must take away the “power” to assign. That is accomplished through language along the lines of subjection (c).

Tina: Thanks; some readers might find that extract helpful.

More generally, the only drafting philosophy I buy into is identifying the clearest contract language.

Do you see any issues with making the transfer voidable by the non-transferring party instead of void ab initio?

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• Princess Cruises

Still no room assignment yet 5 days before sailing

By cruiserRay55 , June 26, 2017 in Princess Cruises

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cruiserRay55

First time to try Princess and we booked a guarantee BF balcony on Coral. Still no room to be assigned to us 5 days before sailing!!

We had booked the guarantee cabin many times on Royal Caribbean and always be assigned a room very quick. Not sure what is the policy on Princess. When did the guarantee room usually to be assigned on Princess? I would love to hear everyone’s experience on Princess.

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26 days until we sail and no cabin assignment yet. Princess will send an email when cabin is assigned.

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We usually book guarantee cabins. We have received our assignment the day before the cruise and then been upgraded at the pier. Not to worry. Cheers.

ggprincess2004

They can assign a gty at anytime. I don't want to get your hopes up, but sometimes the last cabin assignments can hold wonderful upgrades (we went from a balcony to a full suite two days before embarkation). You will have a cabin, I would suggest you keep checking the website morning and evening, as it could happen at any time. Have a wonderful cruise, we love the Coral.

KristyMisty14

First time to try Princess and we booked a guarantee BF balcony on Coral. Still no room to be assigned to us 5 days before sailing!!   We had booked the guarantee cabin many times on Royal Caribbean and always be assigned a room very quick. Not sure what is the policy on Princess. When did the guarantee room usually to be assigned on Princess? I would love to hear everyone’s experience on Princess.

The longer it takes the better! (historically better chance of an upgrade for sure!) And the long shore men have lots of luggage tags at the pier, so not to worry your luggage will reach you regardless! Fingers crossed for you for a good upgrade!

We're 47 days away from our cruise.....I keep checking to see if we have a room assignment but it shows as a guarantee. Our cruise shows as completely sold out. I guess they wait for a last minute cancellation and based on their experience, it must always happen....

Colo Cruiser

A GTY......Usually can be/assigned sometime/anytime up to a day or 2 before your cruise. Very rarely assigned at the pier. You can access bag tags/travel summary on the Princess cruise personalizer on the Princess website up to sailing day. The cabin assignment will be noted there.

Sometimes people think it was assigned at the pier but had they checked the personalizer the night before or day of their cruise they may have seen the cabin assignment at that time. Hope this makes sense.

Just because it says sold out does not mean they won't have a cabin for you. Princess keeps cabins behind the scenes. They have been doing this forever and have it down to a science. You will have a cabin.

They do not wait for a cancellation.

If they have to they will offer move-overs with great offers of OBC and a free cruise to give up your cabin and move to another cabin or another cruise at a later date.

Kinda like the airlines. They will sweeten the deal until they get enough takers.

This year we got our cabin assignment 5 days before sailing. Be sure to check your personalizer (especially your luggage tags), since Princess doesn't always send out an email (we didn't get one this year). Don't worry. There is a cabin for you and it will be at least a BF cabin.

Have a wonderful cruise.

Thank you everyone

I am also waiting for a gty cabin assignment on a sold out cruise - 10 days and counting. CruiserRay55 - let us know if you get an upgrade :)

Sure, no problem.

Well, just get assigned room today.

No luck here. From BF cabin moved to BE cabin on deck 9.

Good luck, everyone. :)

Have a great cruise!

Enjoy your cruise, thanks for posting your cabin assignment

Well, just get assigned room today.   No luck here. From BF cabin moved to BE cabin on deck 9. Good luck, everyone. :)

That ain't so bad. It's one category better than you paid for.

We're watching for an assignment for an MF guarantee, and if we get an ME, I'll be perfectly happy.

That ain't so bad. It's one category better than you paid for.   We're watching for an assignment for an MF guarantee, and if we get an ME, I'll be perfectly happy.   Jim

I am happy with any cabin otherwise I won’t choose guarantee cabin. Just wish a little more than that since the room is assigned so late. Lol

We booked a guarantee inside for the Caribbean Princess (British Isles cruise) in August last week. We noticed our cabin assignment the next day. Like the OP, we did not get much of an upgrade, going from a Cat. IE to a Cat. IC. We like the location of our cabin better than any of the possible Cat. IE cabins that were available, so we did get a little bit lucky.

This was the soonest (54 days before sailing) that we've had a guarantee cabin assignment in a long time. For a western Caribbean cruise in December 2003, we received our cabin assignment before the final payment date. Usually it's a week or two before sailing.

The policy is simple: you'll get a cabin of the requested grade or better. Therefore, Princess is well within policy and you'll just have to wait until assignment, which could happen as late as day-of-sailing.

When you book at GTY (with most lines) you can be assigned a cabin anytime from the time you make you booking up to pier check-in. However, they do like to have the ship fully berthed at least 3-day prior to sailing. Cruise lines routinely (just like the airlines) oversell their cruises to ensure they will sail at 100% occupancy. Yes, people do cancel right up to departure for many reasons (i.e illness, job issues, etc.). If not enough people cancel then Princess will start to offering "Move-over" offers to other Princess ship or sailing dates to accommodate all passengers. It could be Princess is still working on "move-overs" to open up cabins. Once those cabins are cleared - you will be a assigned a cabin and it might be a really nice one. Rest assure you will have a cabin and sailing as planned. Just keep checking your on-line Personalizer page.

Pierlesscruisers

I wouldn't worry if I were you. Sometimes people show up at the pier without a stateroom assignment and they only find out their room location when they go to turn in their luggage and the longshoreman clerk has to look up their name on the alphabetical roster that he has. Sometimes, in fact, when they go through the check-in process to get their cruise card they learn that they have had a change from what was printed on their e-Boarding pass!

Liz Masterson

Hey! Take care of that ship! [emoji568]

I get in it just after you! (July 8) [emoji4]

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April 9, 2024

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Assignments I've set are not showing in Assignments area on Teams. They show in chat but are not listed in Assignments.

So I've posted an assignment to my class in teams. I've done this hundreds of times before but since using New Teams my set Assignments don't show up in the Assignments area of Teams. My students and I can only find them as a post in the chat area.

Thanks in advance for any help you can give.

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• Microsoft Agent |

Dear Chris Fenner1,

Good day! Thank you for posting to Microsoft Community. We are happy to help you.

From your description It seems Assignments I've set are not showing in Assignments area on Teams behavior from your side.

If my understanding is right, apologized situation you encountered, we do understand the inconvenience caused and apologize for it.

I carefully reviewed your question If you don't see the assignment tab on the channel, There are a few possible scenarios causing this issue: Scenario 1: The type of Team is not a class.

If you don't see the assignment tab on the Team or you don't see the team when you are trying to create an assignment via the assignment tab on the left menu > create > assignment. That's simply because the type of Team is not class and not all teams that have been created are class, some Teams are PLC (Professional Learning Community), Staff, other. Please refer to the 3rd comment in the following article about why the assignment feature is not available in a certain team: No Assignments/Grades Tabs on New Teams

Scenario 2: The assignment tab is not currently available on a private channel.

If the type of the team is indeed a class as mentioned in scenario 1 above, and you are trying to add the assignment tab in the private channel then I'd like to let you know it's not possible yet. Unfortunately, the assignment tab is not available in the private channel yet, even the type of the team is a class. IT Admins - Private channels in Microsoft Teams

One, your teacher or administrator might need to remove and then re-add you to the team. Another possible solution is to try clearing the Microsoft Teams cache. If these solutions don’t work, you can try using the Microsoft Teams Android mobile app as a workaround. You can also check for any available updates for Microsoft Teams by clicking on your profile picture at the top of the app and selecting "Check for updates". If a new update is available, it will be downloaded and installed when your computer is idle.

Your understanding and patience will be highly appreciated.

If there is any misunderstanding, please feel free to correct me.

Have a nice day!

Best regards,

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