no assignments specified as part of update criteria

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• Home Forums Oracle Applications (EBS) R12 & 11i HCM (Human Capital Management)

Hr_Assignment_Api.update_emp_asg_criteria ERROR

Post by m_muzamil_khan » Sun Aug 08, 2010 7:16 am

Post by ERP_GURU » Mon Aug 09, 2010 11:44 pm

Post by m_muzamil_khan » Tue Aug 10, 2010 1:06 am

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How to use validate method in org.hibernate.query.criteria.internal.AbstractManipulationCriteriaQuery

Best java code snippets using org.hibernate.query.criteria.internal . abstractmanipulationcriteriaquery . validate (showing top 1 results out of 315).

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Thursday, august 28, 2014, update employee assignment/criteria - hrms apis, 14 comments:.

Please, I have ran series of API for assignments criteria for newly created employees, but not working what could be the problem?

Hi, I hope you are passing all the mandatory parameters, what error you are getting?

I entered all the mandatory fields for this API: hr_assignment_api.update_emp_asg_criteria only, or do i need to also run hr_assignment_api.update_emp_asg. The assignment_id, is it the person type are they referring to here or ASSIGNMENT_ID in the assignment table The procedure will completed successfully and committed but when i checked it in the front end,it has not effect. Please, Help.

If you are updating only criteria, no need to call update_emp_asg. assignment_id is the assignment_id. Is it an employee or contingent worker? are you committing it after the API call? provide me your anonymous API calling block here.

The API is more than what I can paste here, this page is complaining of 4,096 characters. if you can send me your mail

When, try to debug the script, it gives me this error: Error report - ORA-20001: The primary key specified is invalid Cause: The primary key values specified are invalid and do not exist in the schema. Action: Check the primary key values before attempting to carry out the operation again. ORA-06512: at "APPS.HR_ASSIGNMENT_API", line 16095 ORA-06512: at line 30

Why trying to make further research i got this error: Error report - ORA-20001: The primary key specified is invalid Cause: The primary key values specified are invalid and do not exist in the schema. Action: Check the primary key values before attempting to carry out the operation again. ORA-06512: at "APPS.HR_ASSIGNMENT_API", line 16095 ORA-06512: at line 30

You will get an email option on clicking on my profile name. In between please double check the datatype of all the parameters.

I have sent you a mail. Thank you.

Ademola - Not sure, if the issue is resolved for you. If this is not yet resolved and you're facing this issue in the database, please follow the below steps. To implement the solution, please execute the following steps: 1. Set NLS_LANG to 'US' or ‘AMERICAN’ in TOAD/SQL Developer: a. For SQL Developer: 1. Select Tools > Preferences > Database > NLS Parameters 2. Update to have Language = AMERICAN and Territory = AMERICA b. For TOAD: 1. Access NLS Parameters, from the Database menu 2. Select Administer| -> NLS Parameters 3. Set the NLS_LANGUAGE to ‘AMERICAN’ 2. Retest the issue. 3. Migrate the solution as appropriate to other environments.

Hi The issue is with the out parameter l_asg_object_version_number not being passed correctly. Its is a bug on this API. Select the object_version_number from assignment table for the assignment ID and pass it to the API. Kamlesh

Thanks for your blog!!. Keep updating JAVA Development Services HR Pay Roll Software SAP Software Services Hotel Billing Software Web Design Company Hospital Management Software

Hi, I'm getting error while calling hr_assignment_api.update_emp_asg_criteria API. Error: -ORA-20001: FLEX-DUPLICATE CCID: N, CCID Thanks, Ankush.

Hi Ankush1818, Were you able to solve the Error: -ORA-20001: FLEX-DUPLICATE CCID: N, CCID ?

SQL Developer (MOSC)

Discussions

When Updating Employee Assignment using hr_assignment_api.update_emp_asg_criteria below error appear

ORA-20001: FLEX-VALUE DOES NOT EXIST: N, VALUE, 81, N, SEGMENT, Employer, N, VALUESET, HR_AE_LEGAL_EMPLOYER

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Set the option 'Assign using active assignment rules' to true, only when a Case or Lead is created

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Table of Contents

Ai, ethics & human agency, collaboration, information literacy, writing process, edit for assignment requirements, why is it important to pay close attention to assignment requirements.

When a writing project is assigned, the instructor (or the department) will usually spell out specific assignment requirements; these expectations are often communicated verbally, inscribed on a white board, or made available through an electronic or paper document.

Requirements often center on adherence to the main focus or topic of the assignment, due date(s), length, type of research and sources, style and format, method of submission, and other specific essential elements.

Failure to adhere to assignment requirements generally results in a penalty (often significant) to the student’s grade. Additionally, if the paper—or drafts of the paper—are to be reviewed by the instructor or peers prior to the final due date, missing a draft due date will also result in the loss of valuable feedback.

Each institution, department, or instructor may have unique assignment-specific requirements. Any questions about the requirements of a particular assignment should be directed to the professor or instructor.

What elements are typically included in assignment requirements?

• Project focus : The writing assignment will almost always have a focus—such as argument, rhetorical or literary analysis, narrative, exposition, or research.
• Topic : A specific topic, or range of topics, may be required or suggested.
• Drafts : College-level writing assignments may be written as a series of drafts. Pay attention to the required number of drafts and expectations for revision between drafts.
• Due date(s) : Take careful note of the assignment’s due date(s) in a digital or paper planner. If multiple drafts are involved, note the due date for each draft.
• Length : A minimum—and often maximum—number of words or pages are generally required. Use the word count at the bottom of the word processor screen to help determine the number of words that are included in the text of the paper.
• Should they be scholarly academic books and articles, popular media, multi-media, or non-traditional?
• Should they come from print or electronic sources, or a combination?
• Should they be primary or secondary, or a combination?
• Should specific data bases be accessed?
• Should a specific publication date range be considered?
• Bibliography: Expect to find a directive describing how to present a record of the works that have been cited, summarized, paraphrased, or referenced in the paper. The title and format of these pages will be determined by the prescribed style guide.
• Style and Format : Pay close attention to required style and format. Adherence to MLA, APA, or Chicago style, among others, is often expected.
• Point of view : Most academic papers are written in 3 rd person; however, personal narrative and some other types of writing may necessitate the use of 1 st person.
• If an electronic submission is required, make note of the required file type (e. g., .docx, .pdf, .rtf, .pptx) and the exact time by which the assignment is to be submitted.
• If a paper submission is expected, allow sufficient time to accommodate possible computer, printer, or paper issues.
• Plagiarism detection : Directions for submission of the paper to a computer-assisted plagiarism detection system, such as SafeAssign or Turnitin, should be followed.

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Genre may reference a type of writing, art, or musical composition; socially-agreed upon expectations about how writers and speakers should respond to particular rhetorical situations; the cultural values; the epistemological assumptions...

Grammar refers to the rules that inform how people and discourse communities use language (e.g., written or spoken English, body language, or visual language) to communicate. Learn about the rhetorical...

Information Literacy - Discerning Quality Information from Noise

Information Literacy refers to the competencies associated with locating, evaluating, using, and archiving information. In order to thrive, much less survive in a global information economy — an economy where information functions as a...

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Rhetoric: Exploring Its Definition and Impact on Modern Communication

Learn about rhetoric and rhetorical practices (e.g., rhetorical analysis, rhetorical reasoning,  rhetorical situation, and rhetorical stance) so that you can strategically manage how you compose and subsequently produce a text...

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Products Abaqus/Standard Abaqus/Explicit Abaqus/CAE

Type Model data in Abaqus/Standard; Model or history data in Abaqus/Explicit

Level Model in Abaqus/Standard; Model or Step in Abaqus/Explicit

Abaqus/CAE Interaction module

Required parameters

Use this parameter to specify the property type being assigned. To modify more than one type of surface property, include the SURFACE PROPERTY ASSIGNMENT option more than once with different values for this parameter.

Set PROPERTY = BEAM SMOOTHING to control smoothing of beam segments in beam-to-beam contact. This parameter value applies only to Abaqus/Standard analyses.

Set PROPERTY = CRUSH TRIGGER to control crush initiation of a crushable surface. This parameter value applies only to Abaqus/Explicit analyses.

Set PROPERTY = FEATURE EDGE CRITERIA to control which primary feature edges and secondary feature edges should be activated in the general contact domain.

Set PROPERTY = GEOMETRIC CORRECTION to assign geometric corrections.

Set PROPERTY = OFFSET FRACTION to assign the surface offset as a fraction of the surface thickness.

Set PROPERTY = ORIENTATION to assign a coordinate system for local tangent directions to the surface and/or specify preferential frictional directions to the surface in the context of surface-based anisotropic friction. This parameter value applies only to Abaqus/Explicit analyses.

Set PROPERTY = THICKNESS to assign the surface thickness.

Set PROPERTY = VERTEX CRITERIA to control which nodes of feature edges should be considered vertex nodes in the general contact domain. This parameter value applies only to Abaqus/Standard analyses.

Optional parameters

This parameter is relevant only for surface properties defined using PROPERTY = GEOMETRIC CORRECTION .

Set DEFINITION = COORDINATES (default) to define the parameters for the geometry correction by giving the coordinates of one or more points, depending on the surface shape.

Set DEFINITION = NODES to define the parameters for the geometry correction by giving the global number of one or more nodes, depending on the surface shape.

This parameter applies only to Abaqus/Explicit analyses with PROPERTY = ORIENTATION .

Set FRICTION ANISOTROPY = EPSILON (default) to define the frictional directional preference factor ϵ on the data lines.

Set FRICTION ANISOTROPY = RATIO to define the ratio r on the data lines.

Data lines for PROPERTY = BEAM SMOOTHING

• Surface name.

A scalar value between 0.0 and 0.5 (0.2 is the default).

Repeat this data line as often as necessary. If the beam smoothing assignments overlap, the last assignment applies in the overlap region.

Data lines for PROPERTY = CRUSH TRIGGER in Abaqus/Explicit

Specify TRIGGER (default), NO TRIGGER , or NO CRUSH . If NO TRIGGER or NO CRUSH is specified, no further entries are needed.

If TRIGGER (default) is specified, a scalar value representing the stress required to initiate crushable behavior as a factor of the crush stress ( CRUSH STRESS ) defined on the material associated with the surface.

Repeat this data line as often as necessary. If the feature edge criteria assignments overlap, the last assignment applies in the overlap region.

Data lines for PROPERTY = FEATURE EDGE CRITERIA in Abaqus/Standard

Surface name. If the surface name is omitted, a default surface that encompasses the entire general contact domain is assumed.

A scalar value between 0° and 180° representing the cutoff feature angle (in degrees), PERIMETER EDGES , or NO FEATURE EDGES . The default is 45°. This field activates edges to participate in edge-to-surface contact.

This field is intentionally left blank and is unused.

A scalar value between 0° and 180° representing the cutoff feature angle (in degrees), PERIMETER EDGES , or NO FEATURE EDGES . The entry on this field activates edges to participate in edge-to-edge contact. The default is NO FEATURE EDGES .

Data lines for PROPERTY = FEATURE EDGE CRITERIA in Abaqus/Explicit

Surface name. A non-blank surface name is required if the ALL EDGES or PICKED EDGES options are specified. If the surface name is omitted when using the PERIMETER EDGES , NO FEATURE EDGES , or cutoff feature angle options, a default surface that encompasses the entire general contact domain is assumed.

The criterion for primary feature edges. PERIMETER EDGES (default), ALL EDGES , PICKED EDGES , NO FEATURE EDGES , or a scalar value representing the cutoff feature angle (in degrees).

The criterion for secondary feature edges. ALL REMAINING EDGES , PERIMETER EDGES , PICKED EDGES , or a scalar value representing the cutoff feature angle (in degrees).

Data lines for PROPERTY = GEOMETRIC CORRECTION , DEFINITION = COORDINATES to define smoothing on regions of surfaces

Specify CIRCUMFERENTIAL , SPHERICAL , TOROIDAL , NONE , or leave blank. If NONE or blank is specified, no further entries are required.

Global X -coordinate of point a (see Figure 1 through Figure 4 , depending on surface shape).

Global Y -coordinate of point a .

Global Z -coordinate of point a (only for three-dimensional).

Global X -coordinate of point b (only for three-dimensional circumferential or toroidal; see Figure 2 or Figure 4 , depending on surface shape).

Global Y -coordinate of point b (only for three-dimensional circumferential or toroidal).

Global Z -coordinate of point b (only for three-dimensional circumferential or toroidal).

Distance R (only for three-dimensional toroidal; see Figure 4 ).

Repeat this data line as often as necessary. If the geometry correction assignments overlap, the last assignment applies in the overlap region. For toroidal shapes the line joining point a and the center of the circular arc should be perpendicular to the axis of revolution.

Data lines for PROPERTY = GEOMETRIC CORRECTION , DEFINITION = NODES to define smoothing on regions of surfaces

Node number of the node at point a (see Figure 1 through Figure 4 , depending on surface shape).

Node number of the node at point b (only for three-dimensional circumferential or toroidal; see Figure 2 or Figure 4 , depending on surface shape).

Data lines for PROPERTY = OFFSET FRACTION

Surface name. If the surface name is omitted, a default surface that encompasses the entire general contact domain is assumed. Faces specified on elements other than shell elements, membrane elements, rigid elements, and surface elements will be ignored.

ORIGINAL (default), SPOS , SNEG , or a value between –0.5 and 0.5. The offset defines the distance (as a fraction of the thickness) from the midsurface to the reference surface (containing the nodes of the element). Positive values of the offset are in the positive element normal direction. The default is ORIGINAL , which indicates that the offset specified in element section definitions (via the OFFSET parameter on SHELL SECTION or RIGID BODY ) will be used.

Repeat this data line as often as necessary. If the offset fraction assignments overlap, the last assignment applies in the overlap region.

Data lines for PROPERTY = ORIENTATION

• A valid orientation system name. If the orientation system name is omitted or the surface is an analytic rigid one, a default orientation is used.
• Scalar value of the extra rotation (in degrees) applied to the orientation system once it has been projected to the surface. The default value is 0.
• Scalar value of the frictional directional preference factor ϵ (within the range –1.0 to 1.0, default 0.0) or the friction coefficients ratio r (greater than 0.0, default 1.0) depending on the value of the FRICTION ANISOTROPY parameter.

Repeat this data line as often as necessary. If the directional preference assignments overlap, the last assignment applies in the overlap region.

Data lines for PROPERTY = THICKNESS

ORIGINAL (default), THINNING (available only in Abaqus/Explicit ), or a scalar value representing a nominal thickness.

A constant scaling factor (default is 1.0).

Repeat this data line as often as necessary. If the thickness assignments overlap, the last assignment applies in the overlap region.

Data lines for PROPERTY = VERTEX CRITERIA in Abaqus/Standard

ALL VERTICES , NO VERTICES , or a scalar value between 10° and 90° representing the vertex angle threshold (in degrees). The default is 20°. This field activates vertex nodes to participate in vertex-to-surface contact.

Repeat this data line as often as necessary. If the vertex criteria assignments overlap, the last assignment applies in the overlap region.

Help Articles

How to solve problems with peer-graded assignments, learner help center nov 29, 2023 • knowledge, article details.

If you're having problems with peer reviewed assignments, find your issue below. You can also learn how to check your peer review grades .

If you're having a problem with:

• A missing grade on a peer-reviewed assignment
• An incorrect grade on a peer-reviewed assignment
• Being unable to submit your peer-reviewed assignment
• A missing peer-reviewed assignment

Check our assignment troubleshooting page .

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• You must submit your assignment
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You'll receive a grade on your assignment within 7-10 days, as long as these requirements are met.

I need more peer reviews for my assignment

After you've submitted your assignment and reviewed the required number of peers, you must receive at least one review on your peer-reviewed assignment before the course ends in order to get your grade. You can learn more about this here .

I need to review more peer assignments to get my grade

You'll need to review a certain number of peers' assignments for your grade to be released. If there aren't enough assignments submitted in your course for you to review, try adjusting your deadlines or switching your session (for Degree courses).

You may be taking a limited availability course with a fixed schedule, which means it’s only available during a certain time period. If you’re taking one of these courses, you won’t have the option to adjust deadlines (or switch sessions for Degree courses). If you don’t see these options, you should occasionally check in to see if more assignments are available for you to review.

I want to change my assignment after I submitted it

You can edit your assignment  after you submit it.

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Some private courses (such as courses in a Degree or MasterTrack program) may have a limit on how many times you can submit a peer-reviewed assignment.

If there's an attempt limit for your assignment, you'll see an 'Attempts' section listed near the top of the page when you open the assignment.

If you meet the attempt limit and need help with your grade, you can reach out to your program support team. You can find your dedicated support email address in the onboarding course for your program.

I missed a deadline for a peer-reviewed assignment

If you miss a personalized deadline for a peer-reviewed assignment, you can still submit the assignment. 

Some courses will have a shareable link for your assignments that require peer review. If you don’t see a shareable assignment link, make sure that you have waited 7-10 days to allow for enough time for peers to review your assignment. 

Reach out to your program administrator if your course end date has passed.

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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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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 .]

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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.

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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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• FSUIPC7 MSFS

Assignments Tab Missing in FSUIPC7

By rockliffe November 22, 2020 in FSUIPC7 MSFS

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I'm running Win10 with the latest updates in MSFS, I've downloaded and installed FSUIPC7 twice now, both to the root folder of C drive, which I understand is the correct place, and while it sits on the task bar and I can start MSFS from the FSUIPC icon on the desktop, for some reason, when the user interface pops up, there is no way of assigning controls or switches/buttons. There is no assignments tag along the top of the interface. Have I done something wrong or simply not understood the instructions? What am I missing? Help appreciated, thanks. 

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Pete Dowson

12 hours ago, rockliffe said: I've downloaded and installed FSUIPC7 twice now, both to the root folder of C drive, which I understand is the correct place

Not really. Why do you understand that? Best to make an FSUIPC7 foler so you know where it is and can find it easily. That can be on any drive.

12 hours ago, rockliffe said: for some reason, when the user interface pops up, there is no way of assigning controls or switches/buttons. There is no assignments tag along the top of the interface. Have I done something wrong or simply not understood the instructions? What am I missing?

You are missing Registration. Either you have not purchased it and so have no registration key, or you are making an error when entering the details. Are three parts (name, email and key) must be exactly as set by SimMaket.

11 minutes ago, Pete Dowson said: Not really. Why do you understand that? Best to make an FSUIPC7 foler so you know where it is and can find it easily. That can be on any drive. You are missing Registration. Either you have not purchased it and so have no registration key, or you are making an error when entering the details. Are three parts (name, email and key) must be exactly as set by SimMaket. Pete  

Ah, I thought there was a free trial? I had seen this 

Obviously not. OK, thanks for the reply Pete. I'll register for the licence. Rgds.

10 minutes ago, rockliffe said: I thought there was a free trial? I had seen this 

Ah, I think the "functionality" you can check is just that it connects to MSFS okay, that the Logging works, and that the interface for FSUIPC applications (its main purpose, after all) is all working okay.  Those things are free in any case.

Maybe the wording on the sales page could be clearer.

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