Appointment of Subcontractors. (a) The Recipient must not enter into a subcontract in relation to the Activity without the Commonwealth’s prior written approval. In giving approval, the Commonwealth may do so on such terms and conditions as the Commonwealth thinks fit.
(b) Any subcontractors approved by the Commonwealth at the Commencement Date, and any terms and conditions relating to their use, are identified in Item 4 of the Agreement Details.
(c) Despite any approval given by the Commonwealth, the Recipient is responsible for the performance of the Recipient’s responsibilities under this Agreement regardless of whether the Recipient has subcontracted any of its obligations.
(d) In respect of all subcontracts entered into for the Activity, the Recipient must ensure that:
(i) the subcontract facilitates compliance by the Recipient with its obligations under this Agreement;
(ii) the subcontract will not conflict with or detract from the rights and entitlements of the Commonwealth under this Agreement;
(iii) the other party to the subcontract is financially viable, has the necessary relevant expertise and the appropriate types and amounts of insurance to perform the work in relation to the Activity;
(iv) the subcontract contains all the relevant terms of this Agreement including those relating to warranties, subcontracting, access to premises and records, Activity Material and Intellectual Property Rights, Personal Information, Confidential Information, indemnities, insurance, work health and safety, relationship, termination, and in particular that the Recipient has or will secure itself a right to terminate the subcontract on terms no less favourable than those accorded to the Commonwealth by clause 18, in the event of this Agreement being terminated; and
(v) the other party to the subcontract acknowledges that it may be considered a ‘Commonwealth service provider’ for the purposes of the Ombudsman Act 1976 (Cth) and subject to investigation by the Ombudsman under that Act, and that the Commonwealth will not be liable for the cost of any such investigation by the Ombudsman in connection with the subject matter of the subcontract or the subject matter of this Agreement.
(e) The Recipient must not enter into a subcontract under this Agreement with a subcontractor that is currently named as not complying with the Workplace Gender Equality Act 2012 (Cth).
(f) If requested, the Recipient must promptly provide to the Commonwealth a copy of any contract relating to the Activity.
Appointment of Subcontractors. The Manager may appoint agents or sub-contractors to perform any of the Services or other duties under this Agreement provided that the Manager will continue to be liable for the provision of any such Services and the performance of any such duties.
Appointment of Subcontractors. (a) Where the Recipient engages another party to deliver or assist in the delivery of any components of the Project, the Recipient must enter into a contract with that party and that contract must be consistent with the terms of this Agreement.
(b) The Recipient is responsible for the performance of the Recipient’s responsibilities under this Agreement regardless of whether the Recipient has subcontracted any of its obligations.
(c) The Recipient must not enter into a subcontract under this Agreement with a subcontractor that is currently named as not complying with the Workplace Gender Equality Act 2012 (Cth).
(d) If requested, the Recipient must promptly provide to the Department a copy of any contract relating to the Project and/or any Material relating to the engagement of the subcontractor.
Appointment of Subcontractors. The Processor may only authorise a third party (sub-contractor) to process the Personal Data: subject to GMBS's prior written consent where the Contractor has supplied GMBS with full details of such sub-contractor; provided that the sub-contractor's contract is on terms which are substantially the same as those set out in this Schedule; and provided that the sub-contractor's contract terminates automatically on termination of the Contract for any reason.
Appointment of Subcontractors. Customer consents to Service Provider subcontracting its obligations under the Agreement to a third-party processor or third-party processors. Service Provider confirms that it has entered or (as the case may be) will enter with (each of) the third-party processor(s) into a written agreement incorporating terms which are substantially similar to those set out in this Processing Agreement as between Customer and Service Provider and, such third-party processor has given sufficient guarantees that they will implement measures to ensure that processing the Personal Data it carries out will meet the requirements of the GDPR and protect the rights of data subjects.
Appointment of Subcontractors. The Municipality subject to clause 56 (Subcontracting) hereby consents to the Private Party subcontracting the Project Deliverables to the Subcontractors. In the event that the Private Party wishes to appoint additional Subcontractors or replace the Subcontractors, such Subcontractors shall comply with the following criteria:
5.4.1 have the appropriate technical and financial ability to perform the obligations of the original Subcontractor under the relevant Subcontract;
5.4.2 employ persons having appropriate qualifications, experience and technical competence;
5.4.3 have sufficient resources available to them (including committed financial resources and contracts) to perform the obligations of the original Subcontractor under the relevant Subcontract (as applicable); and
5.4.4 have the necessary legal power and authority to become a party to the relevant Subcontract, its directors not having any criminal convictions, it not having any outstanding tax liabilities (save for any such liability which is the subject of a bona fide dispute), and the Private Party shall ensure that Municipality provides its prior written consent in terms hereof, provided that such prior written consent shall not be unreasonably withheld or delayed and shall in any event be provided within five (5) Business Days of the request by the Private Party, failing which it shall be deemed to be approved and that the terms and conditions upon which any such Subcontractor is appointed are substantially the same as the Subcontracts and provide the Municipality with a copy of the duly executed agreement with any such proposed Subcontractor.
Appointment of Subcontractors. 8.1 The Service Provider may only authorise a third party (sub-contractor) to process the Personal Data:
(a) subject to the Council's prior written consent where the Service Provider has supplied the Council with full details of such sub-contractor;
(b) provided that the sub-contractor's contract contains terms which are substantially the same as those set out in this Agreement; and
(c) provided that the Service Provider ensures that there are robust monitoring arrangements in place in relation to the processing of Personal Data and Special Category Personal Data by the sub-contractor to the reasonable satisfaction of the Council; and
(d) provided that the sub-contractor's contract terminates automatically on termination of this Agreement and any Council data is promptly returned to the Service Provider.
Appointment of Subcontractors. SP may subcontract any or all of the Services to a third party. Despite the previous sentence; SP shall remain principally liable to the PP for the performance of its obligations under this Agreement.
Appointment of Subcontractors. 7.1 The Data Processor may only authorise a third party (sub-contractor) to process the Personal Data:
7.1.1 subject to the Data Controller's prior written consent where the Data Processor has supplied the Data Controller with full details of such sub-contractor;
7.1.2 provided that the sub-contractor's contract is on terms which are substantially the same as those set out in this Agreement; and
7.1.3 provided that the sub-contractor's contract terminates automatically on termination of this Agreement for any reason.
Appointment of Subcontractors. Notwithstanding any subcontracts that the parties may enter into for purposes related to this Agreement, each party is responsible for the performance of its responsibilities under this Agreement.
