Appointment and Term. 1.1 Company hereby engages Contractor to carry out the Services and Contractor hereby agrees to provide the Services on the following conditions. 1.2 This agreement shall be in substitution for any terms previously in force between Contractor and Company and Contractor . 1.3 Contractor's appointment shall commence from and (subject to the powers of termination hereinafter contained) continue to the respective dates set out in Schedule B to this Agreement. These dates are agreed on the basis that, normal circumstances prevailing, the Services shall have been completed to the satisfaction of the Company. a) Subject to clause 1.4 (b), Contractor will perform the Services personally, or will assign the Services to the person or persons named in Schedule A b) If for any reason the person or persons named in Schedule A is no longer available, Contractor will replace him/her immediately by another person or persons of equal competence. 1.6 It is agreed that, for the purposes of carrying out the Services under this Agreement, Contractor is an independent contractor who shall not hold itself out as or purport to be an employee of Company. Nothing in this agreement shall be deemed to imply that the relationship between Company and Contractor under this agreement is that of master and servant, principal and agent or employer and employee. 1.7 If either party shall be prevented from carrying out its obligations under this Agreement due to causes beyond its reasonable control including, without prejudice to the generality of the foregoing, strikes, lock-outs, labour disputes, act of God, war, riot, civil commotion, malicious damage, compliance with any law or government order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, then: a) subject to 1.7 (b) and (c), that party’s obligations under the contract shall be suspended during the period and to the extent that that party is prevented or hindered from performing its obligations under the Agreement; b) the party concerned shall give notice of suspension as soon as reasonably possible to the other party stating the date and extent of the suspension and its cause. The omission to give such notice shall forfeit the rights of that party to claim suspension. Any party whose obligations have been suspended as aforesaid shall resume the performance of those obligations as soon as reasonably possible after the removal of the cause and shall so notify the other party; c) In the event that the cause continues for more than one month either party may terminate this Agreement immediately and without notice. 1.8 This Agreement, including the attached schedules, contains the whole Agreement between the parties. This Agreement may not be altered, amended or modified except in writing signed by duly authorised representatives of the parties which in the case of Company is the Procurement Manager.
Appears in 4 contracts
Samples: Services Agreement, Services Agreement, Services Agreement
Appointment and Term. 1.1 Company hereby engages Contractor to carry out the Services and Contractor hereby agrees to provide the Services on the following conditions.
1.2 This agreement shall be in substitution for any terms previously in force between Contractor and Company and Contractor Contractor.
1.3 Contractor's appointment shall commence from and (subject to the powers of termination hereinafter contained) continue to the respective dates set out in Schedule B to this Agreement. These dates are agreed on the basis that, normal circumstances prevailing, the Services shall have been completed to the satisfaction of the Company.
a) Subject to clause 1.4 (b), Contractor will perform the Services personally, or will assign the Services to the person or persons named in Schedule A
b) If for any reason the person or persons named in Schedule A is no longer available, Contractor will replace him/her immediately by another person or persons of equal competence.
1.6 It is agreed that, for the purposes of carrying out the Services under this Agreement, Contractor is an independent contractor who shall not hold itself out as or purport to be an employee of Company. Nothing in this agreement shall be deemed to imply that the relationship between Company and Contractor under this agreement is that of master and servant, principal and agent or employer and employee.
1.7 If either party shall be prevented from carrying out its obligations under this Agreement due to causes beyond its reasonable control including, without prejudice to the generality of the foregoing, strikes, lock-outs, labour disputes, act of God, war, riot, civil commotion, malicious damage, compliance with any law or government order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, then: a) subject to 1.7 (b) and (c), that party’s obligations under the contract shall be suspended during the period and to the extent that that party is prevented or hindered from performing its obligations under the Agreement; b) the party concerned shall give notice of suspension as soon as reasonably possible to the other party stating the date and extent of the suspension and its cause. The omission to give such notice shall forfeit the rights of that party to claim suspension. Any party whose obligations have been suspended as aforesaid shall resume the performance of those obligations as soon as reasonably possible after the removal of the cause and shall so notify the other party; c) In the event that the cause continues for more than one month either party may terminate this Agreement immediately and without notice.
1.8 This Agreement, including the attached schedules, contains the whole Agreement between the parties. This Agreement may not be altered, amended or modified except in writing signed by duly authorised representatives of the parties which in the case of Company is the Procurement Manager.
Appears in 2 contracts
Samples: Services Agreement, Services Agreement
Appointment and Term. 1.1 Company hereby engages Contractor to carry out the Services and Contractor hereby agrees to provide the Services on the following conditions. Any terms and conditions stipulated by or referred to by Contractor are expressly excluded from this Agreement unless specifically included in this Agreement.
1.2 This agreement shall be in substitution for any terms previously in force between Contractor and Company and Contractor hereby acknowledges that it has no outstanding claims of any kind against Company.
1.3 Contractor's appointment shall commence from and (subject to the powers of termination hereinafter contained) continue to the respective dates set out in Schedule B A to this Agreement. These dates are agreed on the basis that, normal circumstances prevailing, the Services shall have been completed to the satisfaction of the Company.
a) Subject to clause 1.4 (b), Contractor will perform the Services personally, or will assign the Services to the person or persons named in Schedule AA.
b) If for any reason the person or persons named in Schedule A is no longer available, Contractor will replace him/her immediately by another person or persons of equal competencecompetence and acceptable to Company. Company reserves the right to terminate this Agreement without notice if Contractor is unable to provide a replacement acceptable to Company.
1.5 Where Contractor considers that it is necessary to use the services of a third party including for the purposes of information or for the supply of goods or services it shall, except in matters of a minor nature, first obtain the written consent of Company.
1.6 It is agreed that, for the purposes of carrying out the Services under this Agreement, Contractor is an independent contractor who shall not hold itself out as or purport to be an employee of Company. Nothing in this agreement shall be deemed to imply that the relationship between Company and Contractor under this agreement is that of master and servant, principal and agent or employer and employee.
1.7 If either party shall be prevented from carrying out its obligations under this Agreement due to causes beyond its reasonable control including, without prejudice to the generality of the foregoing, strikes, lock-outs, labour disputes, act of God, war, riot, civil commotion, malicious damage, compliance with any law or government order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, then: a) subject to 1.7 (b) and (c), that party’s obligations under the contract shall be suspended during the period and to the extent that that party is prevented or hindered from performing its obligations under the Agreement; b) the party concerned shall give notice of suspension as soon as reasonably possible to the other party stating the date and extent of the suspension and its cause. The omission to give such notice shall forfeit the rights of that party to claim suspension. Any party whose obligations have been suspended as aforesaid shall resume the performance of those obligations as soon as reasonably possible after the removal of the cause and shall so notify the other party; c) In the event that the cause continues for more than one month either party may terminate this Agreement immediately and without notice.
1.8 This Agreement, including the attached schedules, contains the whole Agreement between the parties. This Agreement may not be altered, amended or modified except in writing signed by duly authorised representatives of the parties which in the case of Company is the Procurement Manager.
Appears in 2 contracts
Samples: Services Agreement, Services Agreement
Appointment and Term. 1.1 Company hereby engages Contractor to carry out the Services and Contractor hereby agrees to provide the Services on the following conditions.
1.2 This agreement shall be . Any terms and conditions stipulated by or referred to by Contractor are expressly excluded from this Agreement unless specifically included in substitution for any terms previously in force between Contractor and Company and Contractor .
1.3 this Agreement. Contractor's appointment shall commence from and (subject to the powers of termination hereinafter contained) continue to the respective dates set out in Schedule B to this Agreement. These dates are agreed on the basis that, normal circumstances prevailing, the Services shall have been completed to the satisfaction of the Company.
a) . Subject to clause 1.4 (b)1.4, Contractor will perform ensure the Services personally, or will assign are delivered by Pharmacists with the Services relevant Centre for Pharmacy Postgraduate Education (CPPE) in place and according to the person or persons named in Schedule A
bGeneral Pharmaceutical Council (GPhC) standards. If for any reason the person or persons named in Schedule A Pharmacist is no longer available, the Contractor will replace him/her immediately by another person or persons of equal competence chosen by the Contractor. The Company reserves the right to terminate this Agreement without notice if Contractor is unable to provide a suitable replacement (person of equal competence.
1.6 ). Where Contractor considers that it is necessary to use the services of a third party including for the purposes of information or for the supply of goods or services it shall, except in matters of a minor nature, first obtain the written consent of Company. It is agreed that, for the purposes of carrying out the Services under this Agreement, Contractor is an independent contractor who shall not hold itself out as or purport to be an employee of Company. Nothing in this agreement shall be deemed to imply that the relationship between Company and Contractor under this agreement is that of master and servant, principal and agent or employer and employee.
1.7 . If either party shall be prevented from carrying out its obligations under this Agreement due to causes beyond its reasonable control including, without prejudice to the generality of the foregoing, strikes, lock-outs, labour disputes, act of God, war, riot, civil commotion, malicious damage, compliance with any law or government order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, then: a) :
1.7.1. subject to 1.7 (b) 1.7.2 and (c)1.7.3, that party’s obligations under the contract shall be suspended during the period and to the extent that that party is prevented or hindered from performing its obligations under the Agreement; b) ;
1.7.2. the party concerned shall give notice of suspension as soon as reasonably possible to the other party stating the date and extent of the suspension and its cause. The omission to give such notice shall forfeit the rights of that party to claim suspension. Any party whose obligations have been suspended as aforesaid shall resume the performance of those obligations as soon as reasonably possible after the removal of the cause and shall so notify the other party; c) ;
1.7.3. In the event that the cause continues for more than one month either party may terminate this Agreement immediately and without with one month’s notice.
1.8 . This Agreement, including the attached schedules, contains the whole Agreement between the parties. This Agreement may not be altered, amended or modified except in writing signed by duly authorised representatives of the parties which in the case of Company is the Procurement ManagerChief Pharmacist.
Appears in 2 contracts
Appointment and Term. 1.1 Company hereby engages Contractor to carry out the Services and Contractor hereby agrees to provide the Services on the following conditions.
1.2 This agreement shall be . Any terms and conditions stipulated by or referred to by Contractor are expressly excluded from this Agreement unless specifically included in substitution for any terms previously in force between Contractor and Company and Contractor .
1.3 this Agreement. Contractor's appointment shall commence from and (subject to the powers of termination hereinafter contained) continue to the respective dates set out in Schedule B A to this Agreement. These dates are agreed on the basis that, normal circumstances prevailing, the Services shall have been completed to the satisfaction of the Company.
a) . Subject to clause 1.4 (b)1.4, Contractor will perform ensure the Services personally, or will assign are delivered by Pharmacists with the Services relevant Centre for Pharmacy Postgraduate Education (CPPE) in place and according to the person or persons named in Schedule A
bGeneral Pharmaceutical Council (GPhC) standards. If for any reason the person or persons named in Schedule A Pharmacist is no longer available, the Contractor will replace him/her immediately by another person or persons of equal competence chosen by the Contractor. The Company reserves the right to terminate this Agreement without notice if Contractor is unable to provide a suitable replacement (person of equal competence.
1.6 ). Where Contractor considers that it is necessary to use the services of a third party including for the purposes of information or for the supply of goods or services it shall, except in matters of a minor nature, first obtain the written consent of Company. It is agreed that, for the purposes of carrying out the Services under this Agreement, Contractor is an independent contractor who shall not hold itself out as or purport to be an employee of Company. Nothing in this agreement shall be deemed to imply that the relationship between Company and Contractor under this agreement is that of master and servant, principal and agent or employer and employee.
1.7 . If either party shall be prevented from carrying out its obligations under this Agreement due to causes beyond its reasonable control including, without prejudice to the generality of the foregoing, strikes, lock-outs, labour disputes, act of God, war, riot, civil commotion, malicious damage, compliance with any law or government order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, then: a) :
1.7.1. subject to 1.7 (b) 1.7.2 and (c)1.7.3, that party’s obligations under the contract shall be suspended during the period and to the extent that that party is prevented or hindered from performing its obligations under the Agreement; b) ;
1.7.2. the party concerned shall give notice of suspension as soon as reasonably possible to the other party stating the date and extent of the suspension and its cause. The omission to give such notice shall forfeit the rights of that party to claim suspension. Any party whose obligations have been suspended as aforesaid shall resume the performance of those obligations as soon as reasonably possible after the removal of the cause and shall so notify the other party; c) ;
1.7.3. In the event that the cause continues for more than one month either party may terminate this Agreement immediately and without with one month’s notice.
1.8 . This Agreement, including the attached schedules, contains the whole Agreement between the parties. This Agreement may not be altered, amended or modified except in writing signed by duly authorised representatives of the parties which in the case of Company is the Procurement ManagerChief Pharmacist.
Appears in 2 contracts
Appointment and Term. 1.1 Company hereby engages Contractor to carry out the Services and Contractor hereby agrees to provide the Services on the following conditions.
1.2 This agreement shall be . Any terms and conditions stipulated by or referred to by Contractor are expressly excluded from this Agreement unless specifically included in substitution for any terms previously in force between Contractor and Company and Contractor .
1.3 this Agreement. Contractor's appointment shall commence from and (subject to the powers of termination hereinafter contained) continue to the respective dates set out in Schedule B A to this Agreement. These dates are agreed on the basis that, normal circumstances prevailing, the Services shall have been completed to the satisfaction of the Company.
a) . Subject to clause 1.4 (b)1.4, Contractor will perform the Services personally, or will assign the Services to the person or persons named in Schedule A
b) A. If for any reason the person or persons named in Schedule A is no longer available, Contractor will replace him/her immediately by another person or persons of equal competence.
1.6 competence and acceptable to Company. Company reserves the right to terminate this Agreement without notice if Contractor is unable to provide a replacement acceptable to Company. Where Contractor considers that it is necessary to use the services of a third party including for the purposes of information or for the supply of goods or services it shall, except in matters of a minor nature, first obtain the written consent of Company. It is agreed that, for the purposes of carrying out the Services under this Agreement, Contractor is an independent contractor who shall not hold itself out as or purport to be an employee of Company. Nothing in this agreement shall be deemed to imply that the relationship between Company and Contractor under this agreement is that of master and servant, principal and agent or employer and employee.
1.7 . If either party shall be prevented from carrying out its obligations under this Agreement due to causes beyond its reasonable control including, without prejudice to the generality of the foregoing, strikes, lock-outs, labour disputes, act of God, war, riot, civil commotion, malicious damage, compliance with any law or government order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, then: a) :
1.7.1. subject to 1.7 (b) 1.7.2 and (c)1.7.3, that party’s obligations under the contract shall be suspended during the period and to the extent that that party is prevented or hindered from performing its obligations under the Agreement; b) ;
1.7.2. the party concerned shall give notice of suspension as soon as reasonably possible to the other party stating the date and extent of the suspension and its cause. The omission to give such notice shall forfeit the rights of that party to claim suspension. Any party whose obligations have been suspended as aforesaid shall resume the performance of those obligations as soon as reasonably possible after the removal of the cause and shall so notify the other party; c) ;
1.7.3. In the event that the cause continues for more than one month either party may terminate this Agreement immediately and without notice.
1.8 . This Agreement, including the attached schedules, contains the whole Agreement between the parties. This Agreement may not be altered, amended or modified except in writing signed by duly authorised representatives of the parties which in the case of Company is the Procurement ManagerChief Pharmacist.
Appears in 1 contract
Samples: Service Level Agreement
Appointment and Term. 1.1 2.1 The Company hereby engages Contractor appoints the Manager to carry out perform the Services services set forth in Clause 3 (the “Management Services”) and Contractor hereby the Manager agrees to provide perform the Services on the following conditions.
1.2 This agreement shall be in substitution for any terms previously in force between Contractor and Company and Contractor .
1.3 Contractor's appointment shall commence from and (Management Services, subject to the powers of termination hereinafter contained) continue to the respective dates terms and conditions set out in Schedule B to this Agreement. These dates are agreed on .
2.2 The appointment of the basis that, normal circumstances prevailing, Manager to perform the Management Services shall have been completed to continue for an initial term of ten (10) years (the satisfaction of “Term”) commencing from the Company.
a) Subject to clause 1.4 (b)Effective Date, Contractor will perform the Services personally, or will assign the Services to the person or persons named in Schedule A
b) If for any reason the person or persons named in Schedule A is no longer available, Contractor will replace him/her immediately by another person or persons of equal competence.
1.6 It is agreed that, for the purposes of carrying out the Services under this Agreement, Contractor is an independent contractor who shall not hold itself out as or purport to be an employee of Company. Nothing in this agreement which Term shall be deemed to imply that be automatically extended on or before each anniversary of the relationship between Company and Contractor under this agreement Effective Date for an additional one (1) year, unless such appointment is that of master and servant, principal and agent or employer and employeeearlier terminated in accordance with Clause 10.
1.7 If either party shall 2.3 The Manager may appoint any person or entity (the “Sub-Manager”), at any time during the Term of this Agreement, to discharge any of the Manager’s duties and, in particular, to act as agent and/or sub-contractor in connection with the performance of such of the Management Services, and with respect to such Ships, as the Manager may determine to be prevented from carrying out its obligations under this Agreement due to causes beyond necessary or advisable in its reasonable control includingdiscretion. Any such agreement with a Sub-Manager must be in writing and upon commercially reasonable terms, without prejudice and a copy of any such agreement must be provided to the generality of Company not less than ten (10) business days’ before its execution by the Manager. Notwithstanding the foregoing, strikesno such appointment of a Sub-Manager shall relieve the Manager of any of its responsibilities, lock-outsobligations or liabilities to the Company and each Subsidiary hereunder.
2.4 In order to assure consistent management of all Ships owned by the Company and its Subsidiaries, labour disputesthe Company agrees that it shall cause each Subsidiary acquired after the Effective Date of this Agreement to enter into a Ship Management Agreement with the Manager (each such Ship Management Agreement, act of Godas may be amended from time to time, war, riot, civil commotion, malicious damage, compliance is referred to herein individually as a “Management Agreement” and collectively with any law or government order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, then: a) subject each other Management Agreement as may be in effect from time to 1.7 (b) and (ctime as the “Management Agreements”), that party’s obligations under on substantially the contract shall be suspended during same terms and conditions as the period and to the extent that that party is prevented or hindered from performing its obligations under the Agreement; b) the party concerned shall give notice Management Agreements then in effect. Table of suspension as soon as reasonably possible to the other party stating the date and extent of the suspension and its cause. The omission to give such notice shall forfeit the rights of that party to claim suspension. Any party whose obligations have been suspended as aforesaid shall resume the performance of those obligations as soon as reasonably possible after the removal of the cause and shall so notify the other party; c) In the event that the cause continues for more than one month either party may terminate this Agreement immediately and without notice.
1.8 This Agreement, including the attached schedules, contains the whole Agreement between the parties. This Agreement may not be altered, amended or modified except in writing signed by duly authorised representatives of the parties which in the case of Company is the Procurement Manager.Contents
Appears in 1 contract
Samples: Services Agreement (FreeSeas Inc.)
Appointment and Term. 1.1 Company hereby engages Contractor to carry out the Services and Contractor hereby agrees to provide the Services on the following conditions. Any terms and conditions stipulated by or referred to by Contractor are expressly excluded from this Agreement unless specifically included in this Agreement.
1.2 This agreement shall be in substitution for any terms previously in force between Contractor and Company and Contractor hereby acknowledges that it has no outstanding claims of any kind against Company.
1.3 Contractor's appointment shall commence from and (subject to the powers of termination hereinafter contained) continue to the respective dates set out in Schedule B to this Agreement. These dates are agreed on the basis that, normal circumstances prevailing, the Services shall have been completed to the satisfaction of the Company.
a) Subject to clause 1.4 (b), Contractor will perform the Services personally, or will assign the Services to the person or persons named in Schedule A
b) If for any reason the person or persons named in Schedule A is no longer available, Contractor will replace him/her immediately by another person or persons of equal competencecompetence and acceptable to Company. Company reserves the right to terminate this Agreement without notice if Contractor is unable to provide a replacement acceptable to Company.
1.5 Where Contractor considers that it is necessary to use the services of a third party including for the purposes of information or for the supply of goods or services it shall, except in matters of a minor nature, first obtain the written consent of Company.
1.6 It is agreed that, for the purposes of carrying out the Services under this Agreement, Contractor is an independent contractor who shall not hold itself out as or purport to be an employee of Company. Nothing in this agreement shall be deemed to imply that the relationship between Company and Contractor under this agreement is that of master and servant, principal and agent or employer and employee.
1.7 If either party shall be prevented from carrying out its obligations under this Agreement due to causes beyond its reasonable control including, without prejudice to the generality of the foregoing, strikes, lock-outs, labour disputes, act of God, war, riot, civil commotion, malicious damage, compliance with any law or government order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, then: a) subject to 1.7 (b) and (c), that party’s obligations under the contract shall be suspended during the period and to the extent that that party is prevented or hindered from performing its obligations under the Agreement; b) the party concerned shall give notice of suspension as soon as reasonably possible to the other party stating the date and extent of the suspension and its cause. The omission to give such notice shall forfeit the rights of that party to claim suspension. Any party whose obligations have been suspended as aforesaid shall resume the performance of those obligations as soon as reasonably possible after the removal of the cause and shall so notify the other party; c) In the event that the cause continues for more than one month either party may terminate this Agreement immediately and without notice.
1.8 This Agreement, including the attached schedules, contains the whole Agreement between the parties. This Agreement may not be altered, amended or modified except in writing signed by duly authorised representatives of the parties which in the case of Company is the Procurement Manager.
Appears in 1 contract
Samples: Services Agreement