CONTRACT CHANGE PROCEDURE. No amendment to the provisions of this Agreement shall be effective unless agreed in writing by the Supplier and the Commissioner. Dispute Resolution Subject to the provisions of clause 20.2, any dispute arising under, or in connection with this Agreement shall be dealt with in accordance with this clause 20 (Dispute Resolution), and neither the Commissioner nor the Supplier may commence or pursue any legal proceedings under the jurisdiction of the courts in connection with any such dispute, until the procedures set out in this clause 20 (Dispute Resolution) have been exhausted. Clause 20.1 shall be without prejudice to the rights of termination stated in clause 42 (Termination Rights) and in addition shall not prevent the Commissioner or the Supplier from applying for injunctive relief in the case of: breach or threatened breach of confidentiality; infringement or threatened infringement of its Intellectual Property Rights; or infringement or threatened infringement of the Intellectual Property Rights of a third party, where such infringement could expose the Commissioner or the Supplier to liability. All disputes between the Commissioner and the Supplier arising out of or relating to this Agreement shall be referred by Xxxx Xxxxxx, Facilities Manager or [specify Supplier representative] to the other for resolution in the first instance. If any dispute cannot be resolved pursuant to the provisions of clause 20.3 within 10 Working Days, that dispute shall be referred to Xxxxx Xxxxx, Head of IT & Facilities and [specify Supplier's second point of contact] for resolution. If the dispute cannot be resolved pursuant to clause 20.4, the parties will refer the dispute to a suitably qualified and experienced expert for determination ("Expert"). Such Expert shall be approved by both parties in writing and the Expert's determination shall (in the absence of being negligent or otherwise breaching the terms of his appointment) be final and binding on the parties.
Appears in 1 contract
Samples: data.gov.uk
CONTRACT CHANGE PROCEDURE. No amendment to the provisions of this Agreement shall be effective unless agreed in writing by the Supplier and the Commissioner. Dispute Resolution Subject to the provisions of clause 20.2, any dispute arising under, or in connection with this Agreement shall be dealt with in accordance with this clause 20 (Dispute Resolution), and neither the Commissioner nor the Supplier may commence or pursue any legal proceedings under the jurisdiction of the courts in connection with any such dispute, until the procedures set out in this clause 20 (Dispute Resolution) have been exhausted. Clause 20.1 shall be without prejudice to the rights of termination stated in clause 42 44 (Termination Rights) and in addition shall not prevent the Commissioner or the Supplier from applying for injunctive relief in the case of: breach or threatened breach of confidentiality; infringement or threatened infringement of its Intellectual Property Rights; or infringement or threatened infringement of the Intellectual Property Rights of a third party, where such infringement could expose the Commissioner or the Supplier to liability. All disputes between the Commissioner and the Supplier arising out of or relating to this Agreement shall be referred by Xxxx Xxxxxx, Facilities Manager [Commissioner representative to be confirmed] or [specify Supplier representativerepresentative to be confirmed] to the other for resolution in the first instance. If any dispute cannot be resolved pursuant to the provisions of clause 20.3 within 10 Working Days, that dispute shall be referred to Xxxxx Xxxxx, Head the [Commissioner's second point of IT & Facilities contact] to be confirmed and [specify Supplier's second point of contactcontact to be confirmed] for resolution. If the dispute cannot be resolved pursuant to clause 20.4, the parties will refer the dispute to a suitably qualified and experienced expert for determination ("Expert"). Such Expert shall be approved by both parties in writing and the Expert's determination shall (in the absence of being negligent or otherwise breaching the terms of his appointment) be final and binding on the parties.
Appears in 1 contract
Samples: Agreement
CONTRACT CHANGE PROCEDURE. No amendment to the provisions of this Agreement shall be effective unless agreed in writing by the Supplier and the Commissioner. Dispute Resolution Subject to the provisions of clause 20.219.2, any dispute arising under, or in connection with this Agreement shall be dealt with in accordance with this clause 20 19 (Dispute Resolution), and neither the Commissioner nor the Supplier may commence or pursue any legal proceedings under the jurisdiction of the courts in connection with any such dispute, until the procedures set out in this clause 20 19 (Dispute Resolution) have been exhausted. Clause 20.1 19.1 shall be without prejudice to the rights of termination stated in clause 42 39 (Termination Rights) and in addition shall not prevent the Commissioner or the Supplier from applying for injunctive relief in the case of: breach or threatened breach of confidentiality; infringement or threatened infringement of its Intellectual Property Rights; or infringement or threatened infringement of the Intellectual Property Rights of a third party, where such infringement could expose the Commissioner or the Supplier to liability. All disputes between the Commissioner and the Supplier arising out of or relating to this Agreement shall be referred by Xxxx XxxxxxXxxxxxx Xxxxxxx, Facilities Head of Organisational Development for the Commissioner or Xxxxxx Xxxxxxxxx, Senior Business Development Manager or [specify for the Supplier representative] to the other for resolution in the first instance. If any dispute cannot be resolved pursuant to the provisions of clause 20.3 19.3 within 10 Working Days, that dispute shall be referred to Xxxxx Xxxxxthe Director of Corporate Services for the Commissioner and Sales Director, Head of IT & Facilities and [specify Supplier's second point of contact] Bupa Health Clinics for the Supplier for resolution. If the dispute cannot be resolved pursuant to clause 20.419.4, the parties will refer the dispute to a suitably qualified and experienced expert for determination ("Expert"). Such Expert shall be approved by both parties in writing and the Expert's determination shall (in the absence of being negligent or otherwise breaching the terms of his appointment) be final and binding on the parties. SECTION E - PERSONNEL Staff The Supplier shall ensure that all Staff supplying the Services shall do so with all due skill, care and diligence and shall possess such qualifications, skills and experience as are necessary for the proper supply of the Services. The Supplier acknowledges that access to the Commissioner’s premises for any reason associated with the Services shall require the Commissioner's prior written consent and that the Staff shall be accompanied by a member of the Commissioner's staff on and during all visits to the Premises. Relevant Convictions The Supplier shall ensure that no person who discloses that he has any Relevant Convictions, or who is found by the Supplier to have any Relevant Convictions (whether as a result of a police check or through the Criminal Records Bureau procedures or otherwise), is employed or engaged in the provision of any part of the Services without the Commissioner's prior and express written consent. EMPLOYMENT INDEMNITY The Supplier shall indemnify the Commissioner against all Employee Liabilities that may arise as a result of any claims brought against the Commissioner by any of the Commissioner's employees or former employees and/or any of the Staff where such claim arises from any act or omission of the Supplier or any Staff. staff transfer The Parties acknowledge that the expiry or termination of this Agreement may constitute a Relevant Transfer for the purposes of the Employment Regulations. The provisions of Schedule SCHEDULE 5: (Staff Transfer) will apply on such expiry or termination. Health and Safety The Supplier shall promptly notify the Commissioner of any health and safety hazards which may arise in connection with the performance of its obligations under this Agreement. The Commissioner shall promptly notify the Supplier of any health and safety hazards which he is informed of by his employees at the Supplier’s premises and which may affect the Supplier in the performance of its obligations under this Agreement. The Supplier shall notify the Commissioner immediately in the event of any incident occurring in the performance of its obligations under this Agreement on the Supplier’s premises where that incident causes any Commissioner’s employee personal injury or damage to property or which could give rise to personal injury. The Supplier shall comply with the requirements of the Health and Safety at Work etc. Xxx 0000 and any other acts, orders, regulations and codes of practice relating to health and safety, which may apply to Supplier Staff and any Commissioner employees visiting the Supplier’s premises in the performance of its obligations under this Agreement. The Supplier shall ensure that its health and safety policy statement (as required by the Health and Safety at Work etc. Act 1974) is made available to the Commissioner on request. EQUALITY AND DIVERSITY The Supplier shall not unlawfully discriminate either directly or indirectly on such grounds as race, colour, ethnic or national origin, disability, sex or sexual orientation, religion or belief, or age and without prejudice to the generality of the foregoing the Supplier shall not unlawfully discriminate within the meaning and scope of the Equality Xxx 0000, the Employment Equality (Age) Regulations 2006, the Equality Xxx 0000, the Human Rights Xxx 0000 or other relevant or equivalent legislation, or any statutory modification or re-enactment thereof. The Supplier shall take all reasonable steps to secure the observance of clause 24.1 by all Staff and sub-contractors employed in the execution of this Agreement.
Appears in 1 contract
Samples: data.gov.uk
CONTRACT CHANGE PROCEDURE. No amendment to the provisions of this Agreement shall be effective unless agreed in writing by the Supplier and the Commissioner. Dispute Resolution Subject to the provisions of clause 20.219.2, any dispute arising under, or in connection with this Agreement shall be dealt with in accordance with this clause 20 19 (Dispute Resolution), and neither the Commissioner nor the Supplier may commence or pursue any legal proceedings under the jurisdiction of the courts in connection with any such dispute, until the procedures set out in this clause 20 19 (Dispute Resolution) have been exhausted. Clause 20.1 19.1 shall be without prejudice to the rights of termination stated in clause 42 43 (Termination Rights) and in addition shall not prevent the Commissioner or the Supplier from applying for injunctive relief in the case of: breach or threatened breach of confidentiality; infringement or threatened infringement of its Intellectual Property Rights; or infringement or threatened infringement of the Intellectual Property Rights of a third party, where such infringement could expose the Commissioner or the Supplier to liability. All disputes between the Commissioner and the Supplier arising out of or relating to this Agreement shall be referred by Xxxx Xxxxxx, Facilities Manager the Head of HR for the Commissioner or [specify Supplier representativeName redacted – Personal Data] Partner to the other for resolution in the first instance. If any dispute cannot be resolved pursuant to the provisions of clause 20.3 19.3 within 10 Working Days, that dispute shall be referred to Xxxxx Xxxxx, Head the Director of IT & Facilities Corporate Services for the Commissioner and [specify Supplier's second point of contactName redacted – Personal Data] Managing Partner for resolution. If the dispute cannot be resolved pursuant to clause 20.419.4, the parties will refer the dispute to a suitably qualified and experienced expert for determination ("Expert"). Such Expert shall be approved by both parties in writing and the Expert's determination shall (in the absence of being negligent or otherwise breaching the terms of his appointment) be final and binding on the parties. SECTION E - PERSONNEL Staff The Supplier shall ensure that all Staff supplying the Services shall do so with all due skill, care and diligence and shall possess such qualifications, skills and experience as are necessary for the proper supply of the Services. The Supplier acknowledges that access to the Premises for the purposes of providing the Services shall require the Commissioner's prior written consent and that the Staff shall be accompanied by a member of the Commissioner's staff on and during all visits to the Premises. The Commissioner may refuse to admit onto, or withdraw permission to remain on, the Premises and/or direct the Supplier to end the involvement in the delivery of the Services of any: member of the Staff; or person employed or engaged by any member of the Staff, whom the Commissioner believes represents a security risk or whose admission or continued presence on the Premises would be otherwise undesirable. At the Commissioner's written request, the Supplier shall provide a list of the names and addresses of all persons who may require admission to the Premises in connection with this Agreement, specifying the capacities in which they are concerned with this Agreement and giving such other particulars as the Commissioner may reasonably request. If the Supplier fails to comply with clause 20.4 within two (2) Months of the date of the Commissioner's request and, in the reasonable opinion of the Commissioner, such failure may be prejudicial to the interests of the Commissioner or any other Crown Body then the Commissioner may terminate this Agreement, provided always that such termination shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to the Commissioner. Unsupervised Access In the event that any Staff are to be allowed unsupervised access to any area of the Premises, Commissioner System or Commissioner Confidential Information as a necessary part of the provision of the Services by the Supplier to the Commissioner or where otherwise deemed necessary by the Commissioner, the Supplier shall comply with the Staff Vetting Procedures in respect of all such Staff, in order that the Commissioner may maintain best information security practice and accreditation for the Government Secure Intranet ("GSI").
Appears in 1 contract
Samples: data.gov.uk
CONTRACT CHANGE PROCEDURE. No amendment to the provisions of this Agreement shall be effective unless agreed in writing by the Supplier and the Commissioner. Dispute Resolution Subject to the provisions of clause 20.217.2, any dispute arising under, or in connection with this Agreement shall be dealt with in accordance with this clause 20 17 (Dispute Resolution), and neither the Commissioner nor the Supplier may commence or pursue any legal proceedings under the jurisdiction of the courts in connection with any such dispute, until the procedures set out in this clause 20 17 (Dispute Resolution) have been exhausted. Clause 20.1 17.1 shall be without prejudice to the rights of termination stated in clause 42 38 (Termination Rights) and in addition shall not prevent the Commissioner or the Supplier from applying for injunctive relief in the case of: breach or threatened breach of confidentiality; infringement or threatened infringement of its Intellectual Property Rights; or infringement or threatened infringement of the Intellectual Property Rights of a third party, where such infringement could expose the Commissioner or the Supplier to liability. All disputes between the Commissioner and the Supplier arising out of or relating to this Agreement shall be referred by Xxxxxx Xxxxxxxxxxx (External Communications Manager) for the Commissioner or Xxxx Xxxxxx, Facilities Manager or [specify Xxxxx (Senior Analyst) for the Supplier representative] to the other for resolution in the first instance. If any dispute cannot be resolved pursuant to the provisions of clause 20.3 17.3 within 10 Working Days, that dispute shall be referred to Xxxxx Xxxxx, Xxxxxx Xxxxxx (Head of IT & Facilities Corporate Affairs) for the Commissioner and [specify Supplier's second point of contact] Xxxxxxxxx Xxxxxxx (Managing Director) for the Supplier for resolution. If the dispute cannot be resolved pursuant to clause 20.417.4, the parties will refer the dispute to a suitably qualified and experienced expert for determination ("Expert"). Such Expert shall be approved by both parties in writing and the Expert's determination shall (in the absence of being negligent or otherwise breaching the terms of his appointment) be final and binding on the parties.
Appears in 1 contract
CONTRACT CHANGE PROCEDURE. No amendment to the provisions of this Agreement shall be effective unless agreed in writing by the Supplier and the Commissioner. Dispute Resolution Subject to the provisions of clause 20.217.2, any dispute arising under, or in connection with this Agreement shall be dealt with in accordance with this clause 20 17 (Dispute Resolution), and neither the Commissioner nor the Supplier may commence or pursue any legal proceedings under the jurisdiction of the courts in connection with any such dispute, until the procedures set out in this clause 20 17 (Dispute Resolution) have been exhausted. Clause 20.1 17.1 shall be without prejudice to the rights of termination stated in clause 42 38 (Termination Rights) and in addition shall not prevent the Commissioner or the Supplier from applying for injunctive relief in the case of: breach or threatened breach of confidentiality; infringement or threatened infringement of its Intellectual Property Rights; or infringement or threatened infringement of the Intellectual Property Rights of a third party, where such infringement could expose the Commissioner or the Supplier to liability. All disputes between the Commissioner and the Supplier arising out of or relating to this Agreement shall be referred by Xxxx Xxxxxx, Facilities Manager Xxxxxx Xxxxxxxxxxx (External Communications Manager) for the Commissioner or [specify Contact name ( role)] for the Supplier representative] to the other for resolution in the first instance. If any dispute cannot be resolved pursuant to the provisions of clause 20.3 17.3 within 10 Working Days, that dispute shall be referred to Xxxxx Xxxxx, Xxxxxx Xxxxxx (Head of IT & Facilities Corporate Affairs) for the Commissioner and [specify Supplier's second point of contactcontact name (role)] for the Supplier for resolution. If the dispute cannot be resolved pursuant to clause 20.417.4, the parties will refer the dispute to a suitably qualified and experienced expert for determination ("Expert"). Such Expert shall be approved by both parties in writing and the Expert's determination shall (in the absence of being negligent or otherwise breaching the terms of his appointment) be final and binding on the parties.
Appears in 1 contract
Samples: Agreement
CONTRACT CHANGE PROCEDURE. No amendment to the provisions of this Agreement shall be effective unless agreed in writing by the Supplier and the CommissionerICO. Dispute Resolution Subject to the provisions of clause 20.2, any dispute arising under, or in connection with this Agreement shall be dealt with in accordance with this clause 20 (Dispute Resolution), and neither the Commissioner ICO nor the Supplier may commence or pursue any legal proceedings under the jurisdiction of the courts in connection with any such dispute, until the procedures set out in this clause 20 (Dispute Resolution) have been exhausted. Clause 20.1 shall be without prejudice to the rights of termination stated in clause 42 44 (Termination Rights) and in addition shall not prevent the Commissioner ICO or the Supplier from applying for injunctive relief in the case of: breach or threatened breach of confidentiality; infringement or threatened infringement of its Intellectual Property Rights; or infringement or threatened infringement of the Intellectual Property Rights of a third party, where such infringement could expose the Commissioner ICO or the Supplier to liability. All disputes between the Commissioner ICO and the Supplier arising out of or relating to this Agreement shall be referred by Xxxx Xxxxxx, Facilities the Service Manager for the ICO or [specify Supplier representativethe ………….for the Supplier] to the other for resolution in the first instance. If any dispute cannot be resolved pursuant to the provisions of clause 20.3 within 10 Working Days, that dispute shall be referred to Xxxxx Xxxxx, the Head of IT & Facilities for the ICO and [specify Supplier's second point of contact] the………………..for the Supplier for resolution. If the dispute cannot be resolved pursuant to clause 20.4, the parties will refer the dispute to a suitably qualified and experienced expert for determination ("Expert"). Such Expert shall be approved by both parties in writing and the Expert's determination shall (in the absence of being negligent or otherwise breaching the terms of his appointment) be final and binding on the parties.
Appears in 1 contract
Samples: Agreement
