Contractor shall not assign this Agreement nor delegate any duties hereunder without the specific written consent of an authorized representative of Menlo, which consent shall be granted at the sole discretion of Menlo. Notwithstanding the foregoing, Contractor may (a) delegate duties related to the movement of materials hereunder to subcontractors without first obtaining the approval of Menlo or (b) assign all or any portion of this Agreement to any affiliate, subsidiary or parent company of Contractor without first obtaining the approval of Menlo, provided, however, the Contractor shall remain primarily liable for the performance of any obligations so assigned.