Article 5 -  Assignment  5.1. An assignment shall be valid only if it is a written agreement by which the contractor  transfers its contract or part thereof to a third party. 5.2. The contractor shall not, without the prior consent of the contracting authority, assign the  contract or any part thereof, or any benefit or interest thereunder, except in the following  cases:  a) a charge, in favour of the contractor's bankers, of any monies due or to become due  under the contract; or  b) the assignment to the contractor's insurers of the contractor's right to obtain relief  against any other person liable in cases where the insurers have discharged the  contractor's loss or liability.  5.3. For the purpose of Article 5.2, the approval of an assignment by the contracting authority  shall not relieve the contractor of its obligations for the part of the contract already  performed or the part not assigned.  5.4. If the contractor has assigned the contract without authorisation, the contracting authority  may, without formal notice thereof, apply as of right the sanction for breach of contract  provided for  in Articles 35 and 36. 5.5. Assignees shall satisfy the eligibility criteria applicable for the award of the contract and  they shall not fall under the exclusion criteria described in the tender dossier. 6.1. A subcontract shall be valid only if it is a written agreement by which the contractor  entrusts performance of a part of the contract to a third party.  6.2. The contractor shall request to the contracting authority the authorisation to subcontract.  The request must indicate the elements of the contract to be subcontracted and the  identity of the subcontractors. The contracting authority shall notify the contractor of its  decision within 30 days of receipt of the request, stating reasons should it withhold such  authorisation.  6.3. Subcontractors shall satisfy the eligibility criteria applicable for the award of the contract.  They shall not fall under the exclusion criteria described in the tender dossier and the  contractor shall ensure that they are not subject to EU restrictive measures. 6.4. No subcontract creates contractual relations between any subcontractor and the  contracting authority. 6.5. The contractor shall be responsible for the acts, defaults and negligence of its  subcontractors and their agents or employees, as if they were the acts, defaults or  negligence of the contractor, its agents or employees. The approval by the contracting  authority of the subcontracting of any part of the contract or of the subcontractor to  perform any part of the tasks shall not relieve the contractor of any of its obligations  under the contract.  6.6. If a subcontractor has undertaken any continuing obligation extending for a period  exceeding that of the warranty period under the contract towards the contractor in respect  of the supplies provided by the subcontractor, the contractor must, at any time after the  August 2020 c4e_annexigc_en  Page 4 of 36  Article 6 -  Subcontracting 