ALTERNATIVE AND/OR ADDITIONAL CLAUSES. INTRODUCTION This schedule 8 specifies the Alternative Clauses and Additional Clauses that were requested in the Order Form and that shall apply to this Contract. CLAUSES SELECTED The Customer, in the Order Form, requested that the following Alternative Clauses should apply: Law and Jurisdiction: [*** [English Law (default)] [Scots Law] [Northern Ireland Law] ***] [*** Non-Crown Bodies ***]; and [*** Private Authorities ***]. The Customer, in the Order Form, requested that the following Additional Clauses should apply: [*** Security Measures ***]; and [*** Access to MOD Sites ***]. IMPLEMENTATION The appropriate changes have been made in this Contract to implement the Alternative Clauses specified in paragraph 2.1 and the Additional Clauses specified in paragraph 2.2 shall be deemed to be incorporated into this Contract.
ALTERNATIVE AND/OR ADDITIONAL CLAUSES. (6.1) Supplemental requirements in addition to and variations to the call-off Terms (6.2) Alternative and/or Additional clauses (as set out in schedule 3) BY SIGNING AND RETURNING THIS ORDER THE SUPPLIER AGREES to enter a legally binding contract with the Customer to provide the Contractor Services. The Parties hereby acknowledge and agree that they have read the Call-off Terms and the Order and by signing below agree to be bound by the terms of this Contract. For and on behalf of the Supplier: Name and Title Signature Date For and on behalf of the Customer: Name and Title Signature
ALTERNATIVE AND/OR ADDITIONAL CLAUSES. (8.1) Supplemental requirements in addition to and variations to the Call-off Terms N/A (8.2) Alternative and/or Additional clauses (as set out in schedule 4) BY SIGNING AND RETURNING THIS ORDER FORM THE SUPPLIER AGREES to enter a legally binding contract with the Customer to provide the Services. The Parties hereby acknowledge and agree that they have read the Call-off Terms and the Order Form and by signing below agree to be bound by the terms of this Contract. For and on behalf of the Supplier: Name and Title *J Signature Date For and on behalf of the Customer: Name and Title * Signature Date Part 2 - Call-Off Terms INDEX
ALTERNATIVE AND/OR ADDITIONAL CLAUSES. (6.1) Supplemental requirements in addition to and variations to the Call‑off Terms [ ] (6.2) Alternative and/or Additional clauses (as set out in schedule 3) [Guidance: Include any additional clauses and//or the security management plan required by the Customer above and any variations to the Call‑off Terms. Also, specify above whether any of the alternative/additional clauses set out in schedule 3 are needed. You should consider whether you wish to include: 23.further provisions in relation to financial distress of a supplier. In particular in relation to enhanced reporting / meeting provisions, payment of charges into escrow to ensure payments are made to sub contractors and creation of a financial distress plan; 24.any of the Alternative or Additional clauses contained within schedule 3 of the Contract (with necessary amendments so as to apply to the Contractor (where relevant)); 25.a different frequency of invoicing and payment profile. If, for example, you wish to receive invoices quarterly, an alternative to clause 12.4.1 should be included here. Also consider whether you wish to amend the time period in which the Customer requires to pay its invoices (ie insert a longer period if required); 26.a shorter minimum insurance period (the default is 6 years); 27.a change to the levels of insurance referred to in clause 19.2.2 are appropriate in line with the Contact; 28.provisions obliging the Contractor itself to hold insurances and, if so, the types and levels of insurance that the Contractor should be obliged to hold; 29.if you wish to change the Temp to Fixed Term Charge, this should be recorded here; 30.provisions dealing with and listing key personnel; and 31.any specific Customer responsibilities which the Customer should be obliged to perform. Contractor Conditions If any of the Contractor Conditions are to be disapplied or varied, record this here. TUPE Note that the drafting in clauses 13.10 to 13.12 (inclusive) of the Contract presumes there is no transfer of employees from the Customer or any previous supplier. The application of TUPE should, however, be considered in every case and, if circumstances indicate that a TUPE transfer would be triggered, appropriate wording should be inserted, to include (if appropriate) wording to address the requirements under the Cabinet Office Statement of Practice on Staff Transfers in the Public Sector. The drafting in clauses 21.7 to 21.10 (inclusive) presumes there will not be a transfer of employees from...
ALTERNATIVE AND/OR ADDITIONAL CLAUSES. (8.1) Alternative and/or Additional clauses In this paragraph 8 only, the term “you” and all associated words shall mean the Supplier, and “we” and all associated words shall mean the Customer. The Freedom of Information Act 2000 (“FOIA”) and the Environmental Information Regulations 2004 (“EIR”) apply to CfEL. You should be aware of CfEL’s obligations and responsibilities under FOIA or EIR to disclose, on written request, recorded information held by CfEL. Information provided by you in connection with this procurement exercise, or in any contract that may be awarded as a result, may therefore have to be disclosed by CfEL in response to such a request, unless CfEL decides that one of the statutory exemptions under the FOIA or the EIR applies. For example, if you wish to designate information supplied as part of this response as confidential, or if you believe its disclosure would be prejudicial to anyone’s commercial interests, you must provide clear and specific detail as to the precise elements which are confidential or prejudicial. This alone may not prevent disclosure, if in CfEL’s reasonable opinion, publication is required by applicable legislation. The Government’s Transparency Agenda requires that tender documents, including those such as this used to elicit responses, are published on a designated, publicly searchable website. The same applies to any call off contract entered into by CfEL with its preferred supplier once this exercise is complete. By submitting a response, you agree that your participation will be made public if you are successful. The answers you give to the questions contained in this document will not be published on the website, but may be disclosed under FOIA or EIR (see above). Where tender documents issued by CfEL or contracts with its suppliers are published, CfEL will redact them as it thinks necessary, having regard (inter alia) to the exemptions/exceptions in the FOIA or EIR. The Services will be provided with all due skill, care and diligence. You will comply with such policies and procedures in connection with the provision of the Services as we notify to you from time to time. You will take reasonable care of all our assets and will return any provided to you by us as and when required by us. You shall treat as confidential all information provided by us to you which is indicated to be confidential or would reasonably be considered to be confidential. You shall only use such information in connection wit...
ALTERNATIVE AND/OR ADDITIONAL CLAUSES. (13.1) Supplemental requirements in addition to Call-off Terms See Annex A and Annex B (“DEFFORM 111”) (13.2) Variations to the Call-off Terms N/A (13.3) Alternative and/or Additional clauses (as set out in schedule 6) Access to MOD sites. Condition 47.
ALTERNATIVE AND/OR ADDITIONAL CLAUSES. INTRODUCTION This Call Off Terms Schedule 7 specifies the Alternative Clauses and Additional Clauses that were requested in the Order Form and that shall apply to this Contract. CLAUSES SELECTED “ Security Measures (clause 46) IMPLEMENTATION The appropriate changes have been made in this Contract to implement the Alternative Clauses specified in paragraph 2.1 and the Additional Clauses specified in paragraph 2.2 shall be deemed to be incorporated into this Contract. "
ALTERNATIVE AND/OR ADDITIONAL CLAUSES. [3.1] The terms and conditions of the Community Action Programme (CAP) will be the Standard Call-Off Terms and Conditions (set out in Schedule 4 of your Framework Agreement), as modified by the CAP service requirements (“The CAP Additional Requirements”). The CAP Additional Requirements are set out in the ‘Call-Off Terms and Conditions for the CAP which is supplied with your Invitation to Tender. A document highlighting the modifications made to the Standard Call-Off Terms and Conditions to reflect the CAP Additional Requirements is also supplied with your Invitation to Tender. Any proposed amendments to the CAP Additional Requirements must be detailed by completing the section below, giving full details of the clause(s) you wish to amend and your proposed amendments. DWP will consider proposed amendments strictly on their merits. Please note that you may only propose amendments to the CAP Additional Requirements; proposed amendments to the Standard Call-Off Contract Terms and Conditions will not be considered. Comments on the Community Action Programme Additional Requirements: - MINI-COMPETITION – ADDITIONAL REQUIREMENTS (For Framework Supplier Comments only) No. of the clause(s) you wish to amend Proposed amendment with proposed wording Annex 3-B Ingeus UK is content with all the Terms and Conditions proposed, without exception. The Authority should note that Ingeus UK Ltd does not have a “Parent Company” (per the definition), and therefore falls outside the stated requirement to provide a Parent Company Guarantee. We would be pleased to discuss this with the Authority should there be any concerns related to this, but we do not believe there is any cause for concern given the size of this contract in relation to the financial scale of Ingeus UK Limited. Other than those provisions identified above, Ingeus UK Limited confirms that it has reviewed the Call-Off Contract and Terms for the Community Action Programme and agrees in principle to each of the provisions. Name: REDACTED Scanned Signature: REDACTED Position: REDACTED Telephone No: 0000 000 0000 Date: 5th August 2011 DWP reserves the right to amend any provisions of the Call-off Terms and Conditions for the Community Action Programme at any time during the mini-competition.
ALTERNATIVE AND/OR ADDITIONAL CLAUSES. (9.1) Supplemental requirements in addition to and variations to the Call‑off Terms N/A (9.2) Alternative and/or Additional clauses (as set out in schedule 5) N/A BY SIGNING AND RETURNING THIS ORDER FORM THE SUPPLIER AGREES to enter a legally binding contract with the Customer to provide the Services. The Parties hereby acknowledge and agree that they have read the Call‑off Terms and the Order Form and by signing below agree to be bound by the terms of this Contract. For and on behalf of the Supplier: Name and Title Xxxx Xxxxxxxxx. Account Manager Signature Date 15th June 2012 For and on behalf of the Customer: Name and Title Signature Date Part 2 ‑ Call-Off Terms INDEX
ALTERNATIVE AND/OR ADDITIONAL CLAUSES. (9.1) Supplemental requirements in addition to and variations to the Call-off Terms Not Used (9.2) Alternative and/or Additional clauses (as set out in schedule 5 of the Framework Terms and Conditions) Not Used BY SIGNING AND RETURNING THIS ORDER FORM THE SUPPLIER AGREES to enter a legally binding contract with the Customer to provide the Services. The Parties hereby acknowledge and agree that they have read the Call-off Terms and the Order Form and by signing below agree to be bound by the terms of this Contract. For and on behalf of the Supplier: Name and Title Signature Date For and on behalf of the Customer: Name and Title Signature Date Schedule A Specification of Requirements
