consent to assignment

Consent to assignment

Consent to assignment clause samples

3. FieldPoint’s Consent to Assignment. FieldPoint hereby consents to this assignment by Assignor to Assignee as provided in this Agreement. Such consent is expressly conditioned upon Assignee’s acknowledgment and agreement that neither this consent nor anything contained in this Agreement shall be deemed to modify, alter, amend, or waive any provisions of the Agreement.

04/11/2017 (FIELDPOINT PETROLEUM CORP)

2. Consent to Assignment. Notwithstanding any other provision of this Agreement, each party hereto hereby consents to the assignment, grant, pledge, conveyance and transfer by the other party hereto, for the benefit of any lender, agent or other secured party under any financing arrangement to which the Partnership is a party, of a lien, security interest or other encumbrance on and continuing security interest in all of such other party’s estate, title and interest in its Interest and the exercise by each such secured party of its rights and remedies in connection therewith, including, without limitation, the right to exercise the voting and consensual rights and other powers with respect to such Interest and the right to foreclose upon, or exercise a power of sale with respect to, such Interest and to cause such secured party or any third party designee or purchaser of such Interest to become an additional or substitute partner in the Partnership.

06/15/2018 (Cheniere Energy Partners, L.P.)

1. Consent to Assignment. The undersigned hereby acknowledges and consents to the assignment of the Power Plant Equipment Lease to Buyer and the assumption of the Power Plant Equipment Lease by Buyer in conjunction with Buyer’s acquisition of the Hotel. The undersigned waives any and all rights of notice relating to such assignment and any right to terminate the Power Plant Equipment Lease as a result of such assignment and any default, event of default or defense to enforceability that may otherwise arise as a result of such assignment.

09/27/2016 (Playa Hotels & Resorts B.V.)

3. Consent to Assignment. Assignor hereby consents to the admittance of Assignee as a substitute member of the Company. Assignor hereby waives all provisions, if any, in the Limited Liability Company Agreement of the Company or provided in the Delaware Limited Liability Company Act or any other applicable law, that would prohibit, delay, require notice of, grant rights in connection with, or require compliance with any other requirements in connection with, such assignment and admission.

06/29/2018 (Berry Petroleum Corp)

3.Consent to Assignment. Citi consents to the assignment and assumption of the Agreement from Polaris India to Virtusa India , and with respect to Polaris India, the assignment and assumption of any Transactional Document executed by Polaris India to Virtusa India, and Citi acknowledges the rights, responsibilities, and authority of Virtusa India as though Virtusa India were the original party under the Agreement and Transactional Documents to which Polaris India was a party. Other than as set forth above, for the other Transactional Documents to which an Affiliate of Polaris India was a party, such Transactional Documents are not assigned but rather shall now reflect the changed name of such Affiliate per the table above.

07/31/2020 (VIRTUSA CORP)

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Request for Consent to Assignment of Contract | Practical Law

Request for Consent to Assignment of Contract

Practical law standard document 5-529-2265  (approx. 13 pages).

Understanding the Consent of Assignment: A Comprehensive Guide

In the realm of contracts and legal agreements, the consent of assignment plays a pivotal role in ensuring that rights and obligations are correctly transferred from one party to another. This process requires the original parties' agreement and, in many cases, an explicit consent form. This article delves into the intricacies of consent of assignment, its legal implications, and best practices for obtaining and drafting consent. We'll reference authoritative resources from .gov, .edu, and Wikipedia to enhance the article's credibility and provide readers with avenues for further exploration.

What is Consent of Assignment?

Consent of assignment refers to the formal approval by all original parties in a contract to transfer one party's rights and obligations to a third party. This is a common practice in various sectors, including real estate, finance, and business contracts, to ensure that the contractual relationships continue seamlessly despite the change in parties. The U.S. Small Business Administration offers insights into how this affects small businesses, while legal definitions can be found on Wikipedia.

Legal Framework and Importance

The legal framework governing consent of assignment varies by jurisdiction but generally requires that all parties to the original contract agree to the transfer. This consent ensures that the assignee can legally assume the rights and responsibilities outlined in the contract. Failure to obtain proper consent may result in the assignment being deemed invalid, leaving the assignor liable for any breaches or failures. Educational resources such as those provided by Harvard Law School can offer deeper insights into the legal underpinnings.

When is Consent of Assignment Required?

Consent of assignment is necessary when:

A contract explicitly states that assignments are not allowed without consent.

The assignment would significantly change the obligations or expectations of the non-assigning party.

State or federal laws regulate the transfer of certain rights or obligations, such as in leases or intellectual property agreements.

Obtaining Consent: Best Practices

Obtaining consent for an assignment involves several best practices:

Review the Original Contract : Identify any clauses related to assignment and understand the conditions under which consent must be obtained.

Draft a Clear Consent Form : The consent form should detail the assignment's specifics, including who the new party is and how the contract's terms will remain unaffected.

Communicate Effectively : Engage with the non-assigning parties early in the process to explain the reasons for the assignment and address any concerns.

Legal Review : Have legal professionals review the consent form to ensure it complies with relevant laws and the original contract's terms.

Drafting a Consent of Assignment Form

A well-drafted consent of assignment form should include:

The names and contact information of all parties involved.

A reference to the original contract, including the date it was signed and any identifying numbers.

A clear statement of consent from all original parties.

Detailed information about the assignee and the rights and obligations being transferred.

Any conditions related to the consent or the assignment.

Signatures from all parties, indicating their agreement.

Educational resources on contract drafting, such as those found on Cornell Law School's Legal Information Institute, can provide templates and further guidance.

Consequences of Failing to Obtain Consent

Failing to obtain the necessary consent can have significant legal and financial consequences, including:

The assignment being declared void or unenforceable.

The original assignor being held liable for any breaches by the assignee.

Legal action taken by the non-assigning party against the assignor and possibly the assignee.

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Consent of assignment is a critical component in the transfer of contractual rights and obligations. By understanding the legal requirements, obtaining clear consent, and drafting thorough consent forms, parties can ensure that assignments are carried out smoothly and legally. For further information, consulting with legal professionals and exploring authoritative resources like those mentioned throughout this article is advisable.

This comprehensive guide aims to provide readers with a thorough understanding of the consent of assignment process, highlighting the importance of clear communication, legal precision, and adherence to procedural requirements to ensure a seamless and legally sound transfer of contractual obligations.

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• assignments basic law

Assignments: The Basic Law

The assignment of a right or obligation is a common contractual event under the law and the right to assign (or prohibition against assignments) is found in the majority of agreements, leases and business structural documents created in the United States.

As with many terms commonly used, people are familiar with the term but often are not aware or fully aware of what the terms entail. The concept of assignment of rights and obligations is one of those simple concepts with wide ranging ramifications in the contractual and business context and the law imposes severe restrictions on the validity and effect of assignment in many instances. Clear contractual provisions concerning assignments and rights should be in every document and structure created and this article will outline why such drafting is essential for the creation of appropriate and effective contracts and structures.

The reader should first read the article on Limited Liability Entities in the United States and Contracts since the information in those articles will be assumed in this article.

Basic Definitions and Concepts:

An assignment is the transfer of rights held by one party called the “assignor” to another party called the “assignee.” The legal nature of the assignment and the contractual terms of the agreement between the parties determines some additional rights and liabilities that accompany the assignment. The assignment of rights under a contract usually completely transfers the rights to the assignee to receive the benefits accruing under the contract. Ordinarily, the term assignment is limited to the transfer of rights that are intangible, like contractual rights and rights connected with property. Merchants Service Co. v. Small Claims Court , 35 Cal. 2d 109, 113-114 (Cal. 1950).

An assignment will generally be permitted under the law unless there is an express prohibition against assignment in the underlying contract or lease. Where assignments are permitted, the assignor need not consult the other party to the contract but may merely assign the rights at that time. However, an assignment cannot have any adverse effect on the duties of the other party to the contract, nor can it diminish the chance of the other party receiving complete performance. The assignor normally remains liable unless there is an agreement to the contrary by the other party to the contract.

The effect of a valid assignment is to remove privity between the assignor and the obligor and create privity between the obligor and the assignee. Privity is usually defined as a direct and immediate contractual relationship. See Merchants case above.

Further, for the assignment to be effective in most jurisdictions, it must occur in the present. One does not normally assign a future right; the assignment vests immediate rights and obligations.

No specific language is required to create an assignment so long as the assignor makes clear his/her intent to assign identified contractual rights to the assignee. Since expensive litigation can erupt from ambiguous or vague language, obtaining the correct verbiage is vital. An agreement must manifest the intent to transfer rights and can either be oral or in writing and the rights assigned must be certain.

Note that an assignment of an interest is the transfer of some identifiable property, claim, or right from the assignor to the assignee. The assignment operates to transfer to the assignee all of the rights, title, or interest of the assignor in the thing assigned. A transfer of all rights, title, and interests conveys everything that the assignor owned in the thing assigned and the assignee stands in the shoes of the assignor. Knott v. McDonald’s Corp ., 985 F. Supp. 1222 (N.D. Cal. 1997)

The parties must intend to effectuate an assignment at the time of the transfer, although no particular language or procedure is necessary. As long ago as the case of National Reserve Co. v. Metropolitan Trust Co ., 17 Cal. 2d 827 (Cal. 1941), the court held that in determining what rights or interests pass under an assignment, the intention of the parties as manifested in the instrument is controlling.

The intent of the parties to an assignment is a question of fact to be derived not only from the instrument executed by the parties but also from the surrounding circumstances. When there is no writing to evidence the intention to transfer some identifiable property, claim, or right, it is necessary to scrutinize the surrounding circumstances and parties’ acts to ascertain their intentions. Strosberg v. Brauvin Realty Servs., 295 Ill. App. 3d 17 (Ill. App. Ct. 1st Dist. 1998)

The general rule applicable to assignments of choses in action is that an assignment, unless there is a contract to the contrary, carries with it all securities held by the assignor as collateral to the claim and all rights incidental thereto and vests in the assignee the equitable title to such collateral securities and incidental rights. An unqualified assignment of a contract or chose in action, however, with no indication of the intent of the parties, vests in the assignee the assigned contract or chose and all rights and remedies incidental thereto.

More examples: In Strosberg v. Brauvin Realty Servs ., 295 Ill. App. 3d 17 (Ill. App. Ct. 1st Dist. 1998), the court held that the assignee of a party to a subordination agreement is entitled to the benefits and is subject to the burdens of the agreement. In Florida E. C. R. Co. v. Eno , 99 Fla. 887 (Fla. 1930), the court held that the mere assignment of all sums due in and of itself creates no different or other liability of the owner to the assignee than that which existed from the owner to the assignor.

And note that even though an assignment vests in the assignee all rights, remedies, and contingent benefits which are incidental to the thing assigned, those which are personal to the assignor and for his sole benefit are not assigned. Rasp v. Hidden Valley Lake, Inc ., 519 N.E.2d 153, 158 (Ind. Ct. App. 1988). Thus, if the underlying agreement provides that a service can only be provided to X, X cannot assign that right to Y.

Novation Compared to Assignment:

Although the difference between a novation and an assignment may appear narrow, it is an essential one. “Novation is a act whereby one party transfers all its obligations and benefits under a contract to a third party.” In a novation, a third party successfully substitutes the original party as a party to the contract. “When a contract is novated, the other contracting party must be left in the same position he was in prior to the novation being made.”

A sublease is the transfer when a tenant retains some right of reentry onto the leased premises. However, if the tenant transfers the entire leasehold estate, retaining no right of reentry or other reversionary interest, then the transfer is an assignment. The assignor is normally also removed from liability to the landlord only if the landlord consents or allowed that right in the lease. In a sublease, the original tenant is not released from the obligations of the original lease.

Equitable Assignments:

An equitable assignment is one in which one has a future interest and is not valid at law but valid in a court of equity. In National Bank of Republic v. United Sec. Life Ins. & Trust Co. , 17 App. D.C. 112 (D.C. Cir. 1900), the court held that to constitute an equitable assignment of a chose in action, the following has to occur generally: anything said written or done, in pursuance of an agreement and for valuable consideration, or in consideration of an antecedent debt, to place a chose in action or fund out of the control of the owner, and appropriate it to or in favor of another person, amounts to an equitable assignment. Thus, an agreement, between a debtor and a creditor, that the debt shall be paid out of a specific fund going to the debtor may operate as an equitable assignment.

In Egyptian Navigation Co. v. Baker Invs. Corp. , 2008 U.S. Dist. LEXIS 30804 (S.D.N.Y. Apr. 14, 2008), the court stated that an equitable assignment occurs under English law when an assignor, with an intent to transfer his/her right to a chose in action, informs the assignee about the right so transferred.

An executory agreement or a declaration of trust are also equitable assignments if unenforceable as assignments by a court of law but enforceable by a court of equity exercising sound discretion according to the circumstances of the case. Since California combines courts of equity and courts of law, the same court would hear arguments as to whether an equitable assignment had occurred. Quite often, such relief is granted to avoid fraud or unjust enrichment.

Note that obtaining an assignment through fraudulent means invalidates the assignment. Fraud destroys the validity of everything into which it enters. It vitiates the most solemn contracts, documents, and even judgments. Walker v. Rich , 79 Cal. App. 139 (Cal. App. 1926). If an assignment is made with the fraudulent intent to delay, hinder, and defraud creditors, then it is void as fraudulent in fact. See our article on Transfers to Defraud Creditors .

But note that the motives that prompted an assignor to make the transfer will be considered as immaterial and will constitute no defense to an action by the assignee, if an assignment is considered as valid in all other respects.

Enforceability of Assignments:

Whether a right under a contract is capable of being transferred is determined by the law of the place where the contract was entered into. The validity and effect of an assignment is determined by the law of the place of assignment. The validity of an assignment of a contractual right is governed by the law of the state with the most significant relationship to the assignment and the parties.

In some jurisdictions, the traditional conflict of laws rules governing assignments has been rejected and the law of the place having the most significant contacts with the assignment applies. In Downs v. American Mut. Liability Ins. Co ., 14 N.Y.2d 266 (N.Y. 1964), a wife and her husband separated and the wife obtained a judgment of separation from the husband in New York. The judgment required the husband to pay a certain yearly sum to the wife. The husband assigned 50 percent of his future salary, wages, and earnings to the wife. The agreement authorized the employer to make such payments to the wife.

After the husband moved from New York, the wife learned that he was employed by an employer in Massachusetts. She sent the proper notice and demanded payment under the agreement. The employer refused and the wife brought an action for enforcement. The court observed that Massachusetts did not prohibit assignment of the husband’s wages. Moreover, Massachusetts law was not controlling because New York had the most significant relationship with the assignment. Therefore, the court ruled in favor of the wife.

Therefore, the validity of an assignment is determined by looking to the law of the forum with the most significant relationship to the assignment itself. To determine the applicable law of assignments, the court must look to the law of the state which is most significantly related to the principal issue before it.

Assignment of Contractual Rights:

Generally, the law allows the assignment of a contractual right unless the substitution of rights would materially change the duty of the obligor, materially increase the burden or risk imposed on the obligor by the contract, materially impair the chance of obtaining return performance, or materially reduce the value of the performance to the obligor. Restat 2d of Contracts, § 317(2)(a). This presumes that the underlying agreement is silent on the right to assign.

If the contract specifically precludes assignment, the contractual right is not assignable. Whether a contract is assignable is a matter of contractual intent and one must look to the language used by the parties to discern that intent.

In the absence of an express provision to the contrary, the rights and duties under a bilateral executory contract that does not involve personal skill, trust, or confidence may be assigned without the consent of the other party. But note that an assignment is invalid if it would materially alter the other party’s duties and responsibilities. Once an assignment is effective, the assignee stands in the shoes of the assignor and assumes all of assignor’s rights. Hence, after a valid assignment, the assignor’s right to performance is extinguished, transferred to assignee, and the assignee possesses the same rights, benefits, and remedies assignor once possessed. Robert Lamb Hart Planners & Architects v. Evergreen, Ltd. , 787 F. Supp. 753 (S.D. Ohio 1992).

On the other hand, an assignee’s right against the obligor is subject to “all of the limitations of the assignor’s right, all defenses thereto, and all set-offs and counterclaims which would have been available against the assignor had there been no assignment, provided that these defenses and set-offs are based on facts existing at the time of the assignment.” See Robert Lamb , case, above.

The power of the contract to restrict assignment is broad. Usually, contractual provisions that restrict assignment of the contract without the consent of the obligor are valid and enforceable, even when there is statutory authorization for the assignment. The restriction of the power to assign is often ineffective unless the restriction is expressly and precisely stated. Anti-assignment clauses are effective only if they contain clear, unambiguous language of prohibition. Anti-assignment clauses protect only the obligor and do not affect the transaction between the assignee and assignor.

Usually, a prohibition against the assignment of a contract does not prevent an assignment of the right to receive payments due, unless circumstances indicate the contrary. Moreover, the contracting parties cannot, by a mere non-assignment provision, prevent the effectual alienation of the right to money which becomes due under the contract.

A contract provision prohibiting or restricting an assignment may be waived, or a party may so act as to be estopped from objecting to the assignment, such as by effectively ratifying the assignment. The power to void an assignment made in violation of an anti-assignment clause may be waived either before or after the assignment. See our article on Contracts.

Noncompete Clauses and Assignments:

Of critical import to most buyers of businesses is the ability to ensure that key employees of the business being purchased cannot start a competing company. Some states strictly limit such clauses, some do allow them. California does restrict noncompete clauses, only allowing them under certain circumstances. A common question in those states that do allow them is whether such rights can be assigned to a new party, such as the buyer of the buyer.

A covenant not to compete, also called a non-competitive clause, is a formal agreement prohibiting one party from performing similar work or business within a designated area for a specified amount of time. This type of clause is generally included in contracts between employer and employee and contracts between buyer and seller of a business.

Many workers sign a covenant not to compete as part of the paperwork required for employment. It may be a separate document similar to a non-disclosure agreement, or buried within a number of other clauses in a contract. A covenant not to compete is generally legal and enforceable, although there are some exceptions and restrictions.

Whenever a company recruits skilled employees, it invests a significant amount of time and training. For example, it often takes years before a research chemist or a design engineer develops a workable knowledge of a company’s product line, including trade secrets and highly sensitive information. Once an employee gains this knowledge and experience, however, all sorts of things can happen. The employee could work for the company until retirement, accept a better offer from a competing company or start up his or her own business.

A covenant not to compete may cover a number of potential issues between employers and former employees. Many companies spend years developing a local base of customers or clients. It is important that this customer base not fall into the hands of local competitors. When an employee signs a covenant not to compete, he or she usually agrees not to use insider knowledge of the company’s customer base to disadvantage the company. The covenant not to compete often defines a broad geographical area considered off-limits to former employees, possibly tens or hundreds of miles.

Another area of concern covered by a covenant not to compete is a potential ‘brain drain’. Some high-level former employees may seek to recruit others from the same company to create new competition. Retention of employees, especially those with unique skills or proprietary knowledge, is vital for most companies, so a covenant not to compete may spell out definite restrictions on the hiring or recruiting of employees.

A covenant not to compete may also define a specific amount of time before a former employee can seek employment in a similar field. Many companies offer a substantial severance package to make sure former employees are financially solvent until the terms of the covenant not to compete have been met.

Because the use of a covenant not to compete can be controversial, a handful of states, including California, have largely banned this type of contractual language. The legal enforcement of these agreements falls on individual states, and many have sided with the employee during arbitration or litigation. A covenant not to compete must be reasonable and specific, with defined time periods and coverage areas. If the agreement gives the company too much power over former employees or is ambiguous, state courts may declare it to be overbroad and therefore unenforceable. In such case, the employee would be free to pursue any employment opportunity, including working for a direct competitor or starting up a new company of his or her own.

It has been held that an employee’s covenant not to compete is assignable where one business is transferred to another, that a merger does not constitute an assignment of a covenant not to compete, and that a covenant not to compete is enforceable by a successor to the employer where the assignment does not create an added burden of employment or other disadvantage to the employee. However, in some states such as Hawaii, it has also been held that a covenant not to compete is not assignable and under various statutes for various reasons that such covenants are not enforceable against an employee by a successor to the employer. Hawaii v. Gannett Pac. Corp. , 99 F. Supp. 2d 1241 (D. Haw. 1999)

It is vital to obtain the relevant law of the applicable state before drafting or attempting to enforce assignment rights in this particular area.

Conclusion:

In the current business world of fast changing structures, agreements, employees and projects, the ability to assign rights and obligations is essential to allow flexibility and adjustment to new situations. Conversely, the ability to hold a contracting party into the deal may be essential for the future of a party. Thus, the law of assignments and the restriction on same is a critical aspect of every agreement and every structure. This basic provision is often glanced at by the contracting parties, or scribbled into the deal at the last minute but can easily become the most vital part of the transaction.

As an example, one client of ours came into the office outraged that his co venturer on a sizable exporting agreement, who had excellent connections in Brazil, had elected to pursue another venture instead and assigned the agreement to a party unknown to our client and without the business contacts our client considered vital. When we examined the handwritten agreement our client had drafted in a restaurant in Sao Paolo, we discovered there was no restriction on assignment whatsoever…our client had not even considered that right when drafting the agreement after a full day of work.

One choses who one does business with carefully…to ensure that one’s choice remains the party on the other side of the contract, one must master the ability to negotiate proper assignment provisions.

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This consent to assignment is between  , an individual a(n) (the " Landlord ") and  , an individual a(n) (the " Tenant "). 

The Landlord is the owner and  landlord of the certain residential real estate located at , , ,  (the " Property ").

The Landlord, as lessor, and the Tenant, as lessee, entered into a lease agreement covering the Property, a copy of which is attached as Exhibit A (the " Lease ").

The Tenant wishes to assign all of its rights and obligations as lessee under the Lease to (the " New Tenant "), and the New Tenant wishes to accept the assignment of the Lease and assume these obligations on the terms set forth in this consent.

1. CONSENT TO ASSIGNMENT.

The Landlord hereby consents to the Tenant's assignment of the Lease to the New Tenant on the terms of the assignment of the Lease, a copy of which is attached as Exhibit B (the " Assignment "). The Landlord's consent to the assignment does not constitute consent to any additional or subsequent assignments of the Premises. The Tenant shall provide the Landlord with a fully-executed copy of the Assignment promptly after it is signed.

2. ASSUMPTION OF RIGHTS AND DUTIES.

From and after the effective date of the assignment, all rights and obligations under the Lease will be assumed by the New Tenant and the Tenant will have no further obligations under that Lease. The Tenant will continue to be responsible for obligations accruing before the date of assignment unless the Tenant, the Landlord, and the New Tenant otherwise expressly provide through a separate agreement.

3. CONTINUING EFFECTIVENESS OF LEASE.

All other terms of the Lease remain in full force and effect, including the prohibition against further assignments and subleases without the Landlord's express written consent.

4. ASSSIGNMENT SUBORDINATE TO LEASE; CONSENT.

The Assignment is subject and subordinate to the Lease and this consent. Neither the Tenant nor the New Tenant may do or permit anything to be done in connection with the Assignment or the New Tenant's occupancy of the Property that would violate the Lease or this consent.

5. CHOICE OF LAW.

• (a) Choice of Law. The laws of the state of  govern this agreement (without giving effect to its conflicts of law principles).
• (b) Choice of Forum. Both parties consent to the personal jurisdiction of the state and federal courts in County, .

6. COUNTERPARTS; ELECTRONIC SIGNATURES.

• (a) Counterparts. The parties may execute this consent in any number of counterparts, each of which is an original but all of which constitute one and the same instrument.
• (b) Electronic Signatures. This consent, agreements ancillary to this consent, and related documents entered into in connection with this consent are signed when a party's signature is delivered by facsimile, email, or other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures.

[SIGNATURE PAGE FOLLOWS]

Each party is signing this agreement on the date stated opposite that party's signature. 

[PAGE BREAK HERE]

EXHIBIT A Attach copy of Lease

EXHIBIT B Attach copy of Assignment

Free Landlord Consent to Assignment Template

What's a landlord consent to assignment.

In most lease agreements, a tenant is only allowed to sublease their interest in real estate with the prior written consent of their landlord. A landlord consent to assignment document grants the tenant permission to transfer the lease's benefits and responsibilities to another party.

Here's the information you'll need to have handy to complete your landlord consent to assignment:

-  Who the tenant is : Have their name and contact information ready.

-  Who the landlord is : Have their information available.

-  Location : Know the address of the rental property.

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5 steps to obtaining consent to an assignment

Farm in, joint venture or sale agreements usually contain an assignment clause by which the holder of an interest in a mining tenement may assign its interests under an agreement and/or in a mining tenement to a third party ( Assignee ). The assignment clause is often drafted in terms requiring the assigning party ( Assignor ) to first obtain the non-assigning party’s written consent to the assignment but that the consent cannot be unreasonably withheld by the non-assigning party. Usually the assignment clause also requires the Assignee to agree to be bound by the terms of the agreement with the non-assigning party.

What happens when the non-assigning party refuses to consent? This note examines circumstances where consent is considered to have been unreasonably withheld and proposes some practical steps for an Assignor to consider when seeking the non-assigning party’s consent to assign interests in a mining tenement to an Assignee.

When consent is unreasonably withheld

The proper interpretation of the contract containing the assignment clause is of critical importance in determining whether consent to an assignment has been unreasonably withheld. This is because a non-assigning party may be acting unreasonably in withholding consent if:

• the reasons for withholding consent are unrelated to the objects of the contract, or to rights, benefits or obligations under the contract;
• the reasons for withholding consent are not permissible under the contract and are inconsistent with its provisions; 
• the reasons for withholding consent are not held honestly by the non-assigning party.

All of the facts existing at the time that consent is refused by the non-assigning party are relevant in deciding whether consent has been unreasonably withheld (whether or not known to the party refusing consent), including the party’s own conduct in refusing consent and the reasons given (or not given) for the refusal.

Steps to consider when seeking consent to an assignment

An Assignor seeking consent from the non-assigning party should always prepare for the prospect that a dispute may develop and require intervention by a court. The onus will be on the Assignor to prove to a court that consent has been unreasonably withheld by the non-assigning party. 

The Assignor should consider:

• having an initial meeting with the non-assigning party to explain the background to the proposed assignment and to find out what information is required by the non-assigning party to consider the consent request;
• confirming in writing with the non-assigning party the information required to consider the consent request;
• providing any information requested by the non-assigning party;
• seeking consent in writing from the non-assigning party;
• seeking written confirmation of the non-assigning party’s reasons for refusing consent (if consent is withheld).

If negotiation is unsuccessful, an Assignor may have no option but to commence proceedings seeking a declaration that the withholding of consent was unreasonable and an order that the non-assigning party do all things necessary to allow the transfer of the tenement.

In a consent dispute a court will examine the parties’ conduct in deciding whether consent was unreasonably withheld. Therefore, it is critical that the Assignor obtains as much information as possible about the non-assigning party’s reasons for refusing consent and documents all of its dealings with the non-assigning party.

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Contract Assignment Agreement

Jump to section, what is a contract assignment agreement.

A contract assignment agreement is a document that transfers the contractual rights and duties of one party to another. The other party involved in the contract must agree to the terms of the transfer as well as they will now be in a contractual agreement with a different party.

Contract of assignment agreements must not violate any other laws or statutes in order to be enforced. The original contract must also allow assignments, or at least not explicitly prohibit them. Contract of assignment agreements cannot alter what is expected from the original contract.

Contract Assignment Agreement Sample

Reference : Security Exchange Commission - Edgar Database, EX-10.45 61 dex1045.htm ASSIGNMENT OF CONTRACT , Viewed October 27, 2022, View Source on SEC .

Who Helps With Contract Assignment Agreements?

Lawyers with backgrounds working on contract assignment agreements work with clients to help. Do you need help with a contract assignment agreement?

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Meet some of our Contract Assignment Agreement Lawyers

I am a solo-practitioner with a practice mostly consisting of serving as a fractional general counsel to growth stage companies. With a practical business background, I aim to bring real-world, economically driven solutions to my client's legal problems and pride myself on efficient yet effective work.

NJ and NY corporate contract lawyer and founder of a firm specializing in helping entrepreneurs. With a background in law firms, technology, and world class corporate departments, I've handled contracts and negotiations for everything from commercial leases and one-off sales agreements, to multi-million dollar asset sales. I love taking a customer-focused and business-minded approach to helping my clients achieve their goals. Other information: learning to surf, lover of travel, and one-time marathoner (NYC 2018) yulawlegal.com

Angelica M.

Angelica McDonald, Esq. has singlehandedly established an in-demand law firm, won several accolades for her incredible work in her community and has her sights set on building a bi-coastal law practice that serves clients from her hometown to Hollywood. She is putting her city of Raeford, North Carolina on the map as the birthplace of the next legal superstar. And she is just at the onset of her career. An astute attorney, Angelica is sought after for her razor-sharp business acumen and her relentless litigation style. With a diverse background in entertainment, media and sports law, as well as business, she represents entrepreneurs and athletes on everything from complex contract negotiation to intellectual property matters, ensuring anything they’ve built is protected.

Brittany S.

I am licensed in New York and New Jersey. I graduated with my J.D. from Touro University Law Center, Summa Cum Laude, in 2021. In 2018, I graduated from SUNY Farmingdale with a B.S. in Sport Management and a minor in Business Management. I have experience in real estate law and insurance defense, including employment law. Please note, I do not carry malpractice insurance.

Josh is a founding partner and the director of Art and Business Law for Twig, Trade, & Tribunal PLLC a local Fort Lauderdale law firm. His practice focuses on Art and Business law including art transactions, legal strategy, art leasing, due diligence, contract drafting, contract negotiations as well as other facets of Art Law including consulting for all market participants. He also advises clients regarding issues for Non-Fungible Tokens (NFTs) again focusing on contract drafting, strategic guidance, and other factors as it relates to art produced as NFTs having given numerous presentations on the subject.

If you're looking for an attorney who can help your business succeed, look no further! With my experience in the legal field, I can provide you with the legal advice you need with entity formation, contract drafting, business operations, and more, And because I'm committed to providing high quality service, you can be sure that your needs will always be met. Contact me today to learn more about how I can help your business thrive!

I am a Florida estate planning and probate attorney helping clients achieve their goals through personalized legal strategies. Excellent communication, thorough preparation, and accurate execution are the keys to success.

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Request for Consent to Assignment

This request for consent to assignment template can be used by a party to a commercial contract when the terms require a party to request and obtain the consent of the other party before assigning the contract. This template includes practical guidance, drafting notes, and alternate clauses. This template presumes that the underlying contract requires consent to assignment. The underlying contract will guide counsel in the determination of whether consent is required and the standard for consent. Assignment of the entire agreement is presumed in this template. Assignment of only certain rights, performance, or obligations is possible. For a full listing of related contract clauses, see General Commercial Contract Clause Resource Kit. For more information regarding the assignability of commercial contracts, see Commercial Contracts Assignment.

Assignment vs Novation: Everything You Need to Know

Assignment vs. novation: What's the difference? An assignment agreement transfers one party's rights and obligations under a contract to another party. 4 min read updated on September 19, 2022

Assignment vs. novation: What's the difference? An assignment agreement transfers one party's rights and obligations under a contract to another party. The party transferring their rights and duties is the assignor; the party receiving them is the assignee. Novation is a mechanism where one party transfers all its obligations and rights under a contract to a third party, with the consent of the original counterparty.

The transfer of a benefit or interest from one party to another is referred to as an assignment. While the benefits can be transferred, the obligation or burden behind the contract cannot be. A contract assignment occurs when a party assigns their contractual rights to a third party. The benefit that the issuing party would have received from the contract is now assigned to the third party. The party appointing their rights is referred to as the assignor, while the party obtaining the rights is the assignee. 

The assignor continues to carry the burden and can be held liable by the assignee for failing to fulfill their duties under the contract. Purchasing an indemnity clause from the assignee may help protect the assignor from a future liability. Unlike notation, assignment contracts do not annul the initial agreement and do not establish a new agreement. The original or initial contract continues to be enforced. 

Assignment contracts generally do not require the authorization from all parties in the agreement. Based on the terms, the assignor will most likely only need to notify the nonassigning party.

In regards to a contract being assignable, if an agreement seems silent or unclear, courts have decided that the contract is typically assignable. However, this does not apply to personal service contracts where consent is mandatory. The Supreme Court of Canada , or SCC, has determined that a personal service contract must be created for the original parties based on the special characteristics, skills, or confidences that are uniquely displayed between them. Many times, the courts need to intervene to determine whether an agreement is indeed a personal service contract.

Overall, assignment is more convenient for the assignor than novation. The assignor is not required to ask for approval from a third party in order to assign their interest in an agreement to the assignee. The assignor should be aware of the potential liability risk if the assignee doesn't perform their duties as stated in the assigned contract.

Novation has the potential to limit future liabilities to an assignor, but it also is usually more burdensome for the parties involved. Additionally, it's not always achievable if a third party refuses to give consent.

It's essential for the two parties in an agreement to appraise their relationship before transitioning to novation. An assignment is preferential for parties that would like to continue performing their obligations, but also transition some of their rights to another party.

A novation occurs when a party would like to transfer both the benefits and the burden within a contract to another party. Similar to assignment, the benefits are transferred, but unlike assignment, the burden is also transferred. When a novation is completed, the original contract is deleted and is replaced with a new one. In this new contract, a third party is now responsible for the obligations and rights. Generally, novation does not cancel any past obligations or rights under the initial contract, although it is possible to novate these as well.

Novation needs to be approved by both parties of the original contract and the new joining third party. Some amount of consideration must also be provided in the new contract in order for it to be novated, unless the novation is cited in a deed that is signed by all parties to the contract. In this situation, consideration is referring to something of value that is being gained through the contract.

Novation occurs when the purchaser to the original agreement is attempting to replace the seller of an original contract. Once novated, the original seller is released from any obligation under the initial contract. The SCC has established a three-point test to implement novation. The asserting party must prove:

• The purchaser accepts complete liability
• The creditor to the original contract accepts the purchaser as the official debtor, and not simply as a guarantor or agent of the seller
• The creditor to the original contract accepts the new contract as the replacement for the old one

Also, the SSC insisted that if a new agreement doesn't exist, the court would not find novation unless the precedence was unusually compelling.

If you need help determining if assignment vs. novation is best for you, you can  post your job  on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.

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• Novation Agreement
• What is Novation of Contract
• Novation of Contract
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Request for Consent to Assignment of Contract

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Patent Assignment Agreement Amendment Procedures

Patent assignment agreements require periodic review and revision to remain valid and enforceable, necessitating a thorough understanding of the amendment procedures to maintain intellectual property portfolios and business objectives in harmony. The process involves identifying the need for amendments, determining the scope of revisions, and obtaining necessary approvals from relevant stakeholders. A clear and concise amendment document must be drafted, executed, and recorded with the relevant authorities. The recorded amendment must be accurately reflected in patent office records, and changes implemented accordingly. Only through meticulous attention to these procedures can the intellectual property portfolio remain aligned with business objectives, and further analysis will reveal additional vital details.

Table of Contents

Identifying the Need for Amendments

A patent assignment agreement, much like a blueprint, requires periodic review and revision to guarantee it remains a precise and effective instrument for conveying intellectual property rights. As intellectual property portfolios evolve, so too must the agreements governing them. Identifying the need for amendments is a vital step in ensuring the continued validity and enforceability of patent assignment agreements.

Amendment triggers can take various forms, including changes in company ownership, shifts in business strategy, or updates to relevant laws and regulations. Contract review is imperative in detecting these triggers and determining whether revisions are necessary. A thorough review should involve a detailed analysis of the agreement's terms, conditions, and clauses to identify potential areas of conflict or ambiguity.

Determining Amendment Scope

Upon identifying the need for amendments, the next step is to define the scope of revisions required to guarantee that the patent assignment agreement remains aligned with the evolving intellectual property portfolio and business objectives. This vital step involves determining the amendment boundaries, which will guide the entire revision process.

To conduct a thorough scope assessment, consider the following key aspects:

• Affected Provisions : Identify specific sections or clauses of the patent assignment agreement that require revisions.
• Stakeholder Impact : Determine which parties will be affected by the amendments, including inventors, assignees, and licensees.
• IP Portfolio Alignment : Assess how the amendments will impact the overall intellectual property portfolio, including patent applications, granted patents, and trademarks.
• Business Objective Alignment : Evaluate how the revised agreement will support or hinder the achievement of business objectives, such as revenue growth, market expansion, or risk mitigation.

Obtaining Necessary Approvals

When executing a patent assignment agreement, it is vital to secure the necessary approvals from relevant stakeholders to validate and confirm the enforceability of the agreement. This includes obtaining board approvals, legal department sign-off, and stakeholder consent, as required by law or internal company policies. Failure to obtain these approvals can lead to disputes, delays, or even the nullification of the agreement.

Board Approvals Required

In conjunction with the patent assignment agreement, the parties must secure necessary approvals from their respective boards of directors or other governing bodies prior to executing the agreement. This critical step verifies that all stakeholders are aligned and informed about the terms and implications of the agreement. The approval process typically involves presenting the agreement to the board of directors, highlighting key provisions, and addressing any questions or concerns.

The following steps are vital in obtaining board approvals:

• Schedule a board meeting : Arrange a meeting with the board of directors to discuss and approve the patent assignment agreement.
• Prepare meeting materials : Distribute meeting minutes, agreement drafts, and supporting documents to board members in advance.
• Conduct the meeting : Present the agreement, answer questions, and address concerns during the meeting.
• Obtain approval : Secure formal approval from the board of directors, which may involve a vote or signature on a resolution.

Legal Department Sign-Off

Following board approvals, the legal department must conduct a thorough review of the patent assignment agreement to verify its conformity with relevant laws, regulations, and organizational policies. This review is vital to confirm that the agreement aligns with the organization's interests and objectives. The legal department's role is to identify any potential legal risks or liabilities associated with the agreement and recommend necessary amendments.

The legal department's sign-off is a pivotal step in the patent assignment agreement amendment process. It provides assurance that the agreement has been thoroughly reviewed and meets the necessary legal and regulatory requirements. By following this process, organizations can mitigate potential legal risks and guarantee a smooth transaction.

Stakeholder Consent Needed

Prior to executing the patent assignment agreement, stakeholders' consent must be obtained to guarantee that all necessary approvals are secured. This crucial step ensures that all parties involved are aligned and committed to the agreement's terms.

Obtaining stakeholder consent involves identifying and engaging with key individuals and groups who have a vested interest in the patent assignment agreement. These may include:

• Global Partners : Collaborators or joint venture partners who have a stake in the intellectual property being assigned.
• Internal Champions : Key internal stakeholders, such as department heads or team leaders, who will be responsible for implementing the agreement.
• Investors or shareholders who have a financial interest in the patent.
• Regulatory bodies or government agencies that must approve the assignment.

Drafting the Amendment Document

To guarantee the accuracy and effectiveness of the amended patent assignment agreement, the amendment document must clearly and concisely articulate the changes made to the original agreement. This requires careful drafting to verify that the amendment language accurately reflects the intended changes.

The document formatting should be consistent with the original agreement, using a clear and logical structure to facilitate easy understanding. The amendment document should identify the specific provisions of the original agreement being modified, and clearly state the revised language. Any new provisions or clauses should be clearly labeled, and their relationship to the existing agreement should be explained. The amendment language should be concise and unambiguous, avoiding any potential misinterpretation. Additionally, the document should include a clear statement of the effective date of the amendments and any other relevant details. By following these guidelines, the amendment document can effectively communicate the changes made to the original agreement, providing a clear understanding among all parties involved.

Alternatively, you can replace "verify" with "confirm" or "certify" depending on the context and tone you want to convey.

Executing the Amendment Agreement

After the amendment document has been carefully drafted, the parties to the agreement must execute the amendment in accordance with the applicable laws and regulations governing patent assignment agreements. This critical step in the amendment process verifies that the changes agreed upon are legally binding and enforceable.

To execute the amendment agreement, the parties should follow these key steps:

• Signatures : Obtain the original signatures of all parties involved in the agreement, confirming that each signatory has the necessary authority to bind their respective entities.
• Authentication : Authenticate the signatures through a notary public or other authorized officials, as required by applicable laws.
• Date : Specify the effective date of the amendment, which may be the date of signing or a future date agreed upon by the parties.
• Delivery : Deliver the executed amendment document to all parties, confirming that each party receives a copy of the fully executed agreement.

Recording the Amendment

Upon execution of the amendment agreement, the next vital step is to record the amendment with the relevant authorities. This process involves fulfilling specific filing requirements, preparing the requisite documents, and traversing the recordation process. By carefully attending to these details, parties can verify that the amendment is properly recorded and takes legal effect.

Amendment Filing Requirements

One essential aspect of recording an amendment is ensuring that it is properly filed with the relevant authorities, as failure to do so can lead to serious consequences. This involves submitting the amended patent assignment agreement to the United States Patent and Trademark Office (USPTO) or other relevant patent offices, depending on the jurisdiction.

To facilitate a smooth filing process, it is crucial to comply with the following requirements:

• Timely submission : File the amendment within the specified timeframe to avoid any potential legal complications.
• Accurate documentation : Ensure that all necessary documents, including the amended agreement, are complete and accurately prepared.
• Filing Fees : Pay the required fees, which may vary depending on the type of amendment and jurisdiction.
• Electronic Submissions : Take advantage of electronic submission options, such as the USPTO's Electronic Filing System (EFS), to expedite the filing process and reduce errors.

Amendment Document Preparation

When preparing the amendment document for recording, it is vital to meticulously draft and review the revised patent assignment agreement to guarantee accuracy and completeness. This involves making precise changes to the original agreement, verifying that all modifications are clearly outlined and easily identifiable. To facilitate this process, taking advantage of template options can be beneficial. These templates provide a standardized structure, guiding the drafter through the necessary elements and clauses required for a thorough patent assignment agreement amendment. In addition, adhering to proper document formatting is necessary. This includes using clear headings, concise language, and organized paragraphs to guarantee readability and comprehension. A well-formatted document enables the reviewer to quickly identify the amendments and understand their implications. By combining template options with proper document formatting, the amendment document preparation process can be streamlined, reducing the risk of errors and omissions. Ultimately, a carefully prepared amendment document guarantees a seamless recording process and maintains the integrity of the patent assignment agreement.

Recordation Process Overview

With the amendment document meticulously prepared, the next step involves submitting the revised patent assignment agreement to the relevant authorities for recordation, a process that requires careful attention to detail and adherence to established procedures. This critical step verifies that the updated agreement is formally recognized and reflected in the patent office's records.

The recordation process involves the following key steps:

• Filing Preparation : Confirm that all necessary documents are complete and accompanied by the required fee.
• Electronic Recordation : Submit the amendment document electronically through the patent office's online portal, such as the United States Patent and Trademark Office's (USPTO) Electronic Filing System (EFS).
• Filing Timeline : Be aware of the filing timeline, as delays can impact the enforceability of the amended agreement.
• Recordation Confirmation : Verify that the patent office has successfully recorded the amendment, and obtain a confirmation receipt or serial number.

Implementing the Changes

Effective execution of the patent assignment agreement necessitates a deliberate and structured approach to implementing the changes. This involves a thorough change management process to confirm that all stakeholders are informed and aligned with the amendments. Digital signatures play a vital role in this process, providing a secure and efficient means of obtaining approvals and consent.

| Archiving of amended agreement and records | Store digitally signed documents in secure archive

Frequently Asked Questions

Can a single amendment document cover multiple patent assignments?.

In general, a single amendment document can cover multiple patent assignments through batch updates or omnibus amendments, streamlining the process and reducing administrative burdens, as long as each assignment is clearly identified and properly addressed.

Who Bears the Cost of Executing the Amendment Agreement?

In general, cost allocation for executing an amendment agreement is negotiated between parties, with options including split legal fees, reimbursement by one party, or allocation based on mutual agreement, considering factors such as relative bargaining power and interests.

Are Amendment Agreements Publicly Accessible Documents?

In general, amendment agreements are not publicly accessible documents, as they often contain sensitive information, thereby limiting freedom of information and compromising document transparency, which may be necessary to protect proprietary interests.

Can Patent Assignment Agreements Be Amended Verbally?

In general, contracts can be amended verbally, but oral modifications may lack verbal clarity, leading to potential disputes. To guarantee enforceability, amendments should be memorialized in writing, as verbal agreements may be difficult to prove or interpret.

What Happens if a Party Refuses to Sign the Amendment?

In the event a party refuses to sign an amendment, legal ramifications may ensue, potentially leading to a contract dispute, which can result in costly litigation, damage to business relationships, and uncertainty regarding the amended terms' enforceability.

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HR Assistant (official title: Assignment Technician)

Published Date: Aug 23, 2024

Location: US

Company: Los Angeles Unified School District

Minimum: $26.80 Hourly  

Maximum: $32.61 Hourly

August 23, 2024 - September 9, 2024

We are LAUSD. We are at the forefront of innovation in public education, focused on a clear and inspiring vision of the future for all of our students as they venture forward on their journey as lifelong learners. Here, you will have the opportunity to exercise your potential in a role supporting the business of education. Our work directly contributes toward the goal of ensuring that our students graduate ready for the world – ready to thrive in college, career and life. LAUSD is the second largest school district in the nation with an enrollment of nearly 575,000 students. We serve an area totaling 710 square miles, with over 1,190 schools and educational centers, and we employ over 74,000 individuals, making us one of the largest employers in our city.

LAUSD Employees:  Please be advised that all LAUSD employees must sign in to the GlobalProtect Virtual Private Network (VPN) in order to submit an application from an external network outside of an LAUSD location. For assistance with installing the GlobalProtect virtual network, please contact Information Technology Services at (213) 443-1300 or (213) 241-5200. 

An Assignment Technician applies pertinent federal and State employment related laws, rules, policies, collective bargaining agreements, and procedures for the preparation of assignment transactions and explains regulations and procedures to District employees and the public.

Insurance: Paid premiums for your choice of several medical, dental, vision, and life insurance plans.

Retirement: Membership in the California Public Employee Retirement System (CalPERS).

Vacation: Full-time employees earn up to two weeks of paid vacation to start. Three weeks after five years of year-round paid service.

Paid Holidays: Up to 13 days.

An Assignment Technician applies knowledge of federal and State employment related laws, rules, policies, collective bargaining agreements, and procedures in performing the following duties (some positions perform these duties in accordance with Education Code, Personnel Commission, and other legal or negotiated mandates). Please note that the duties for this position will be performed on-site and in-person. 

Typical duties include:

• Maintaining confidential employment eligibility lists and certifying eligible candidates to appointing authorities, making official job offers, and ensuring the rule of three ranks is adhered to for applicable classifications.
• Processing requests for assignment transactions, including the implementation of salary and retroactive compensation for non-routine requests and Personnel Commission authorized actions such as reclassifications, reallocations, and salary differentials.
• Explaining assignment transactions and leave forms to administrators, employees, and the public.
• Processing and scanning documents related to assignment transactions such as appointments, reinstatements, reassignments, changes of location, transfers and transfer applications, work summaries/histories, promotions, demotions, leaves of absence, layoffs, separations, retirement applications, and deceased actions.
• Explaining laws, rules, procedures, and labor contract provisions pertinent to assignment.

NOTE: This is not an exhaustive list of the responsibilities of this position. For a comprehensive list of duties performed in these classifications, please visit:  https://bit.ly/3Xepcqp

EDUCATION Graduation from High School or evidence of equivalent educational proficiency. 

EXPERIENCE   Six months of clerical experience in the preparation and processing of District assignment transactions. 

                                                                      OR

Two years of clerical experience that included application of personnel or payroll regulations. Successful completion of one year of college or business school may be substituted for six months of experience.

The employment selection process for Assignment Technician tentatively consists of a computerized data entry test and an interview.

TESTING PROCESS

• The computerized performance assessment will assess your proficiency in data entry skills.
• The testing will be conducted remotely, and all applications will be required to submit a Candidate Confidentiality Form prior to testing. Failure to submit these forms before the given deadline will result in the withdrawal of your application from the selection process.
• Candidates who receive a failing score on any test module will NOT be eligible to move forward in the selection process.

NOTE: This test may be administered on a continuous basis; as such, passing scores that are less than one (1) year old may be applied for this assessment.

• The hiring departments have requested that we proceed with the selection process in a quick and timely manner. To honor this request, we will be adhering to a pre-planned employment assessment schedule. Please continue to monitor your email for testing information periodically. 
• Please be sure to include correspondence from @lausd.net as an approved sender so that messages aren't accidentally placed into your spam/junk e-mail folder.
• We anticipate receiving a number of well qualified applicants for this position; therefore, there will be a competitive process.

To apply, click the "Apply" button at the top right corner of this page and log into the application management system; then, (1) click on each of the dropdown tabs and complete the requested information; and (2) submit your application by clicking on the "Apply" button at the bottom of the page to complete the application process, or click "Save" to save your application to complete at a later date. 

DO YOU NEED TECHNICAL ASSISTANCE WITH THE ON-LINE APPLICATION?

Email us at [email protected]

To find out whether the application deadline has been extended, visit the website at: http://www.lausdjobs.org

The Los Angeles Unified School District intends that all qualified persons shall have equal opportunities for employment and promotion. Reasonable accommodations in completing an application and testing are available to individuals with disabilities. Please call (213) 241-3455 for more information.

Selection and promotion are based on a competitive employment assessment process. Candidates who pass all parts of the assessment process are placed on a hiring (eligibility) list based on their assessment score. Hiring departments may make job offers to candidates on the top three ranks of the hiring list. Eligibility typically lasts for 12 months. The hiring list resulting from this assessment process may be used to fill open positions in related job classifications.

The Los Angeles Unified School District is committed to providing a working and learning environment free from discrimination, harassment, intimidation, abusive conduct, or bullying. The District prohibits discrimination, harassment, intimidation, abusive conduct or bullying based on actual or perceived race or ethnicity, gender/sex (including gender identity, gender expression, pregnancy, childbirth, breastfeeding/lactation status and related medical conditions), sexual orientation, religion, color, national origin (including language use restrictions and possession of a driver’s license issued under Vehicle Code), ancestry, immigration status, physical or mental disability (including clinical depression and bipolar disorder, HIV/AIDS, hepatitis, epilepsy, seizure disorder, diabetes, multiple sclerosis, and heart disease), medical condition (cancer related and genetic characteristics), military and veteran status, marital status, registered domestic partner status, age (40 and above), genetic information, political belief or affiliation (unless union related), a person's association with a person or group with one or more of these actual or perceived characteristics, or any other basis protected by federal, state or local law, ordinance, or regulation in any program or activity it conducts or to which it provides significant assistance. For inquiries or complaints contact our Equal Opportunity Section, (213) 241-7685.

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