Contractor's Undertakings. Each Contractor undertakes:
i. to promptly notify any delay in performance or any event that may impact the Project to the appropriate body;
ii. to inform the appropriate body of relevant communications it receives from third parties in relation to the Project;
iii. to ensure the accuracy of any information it supplies to the other Contractors and to promptly correct any error therein of which it is notified, whereas the recipient Contractor shall be responsible for the use made of such information;
iv. not to use knowingly any proprietary rights of a third party for which it has not acquired the corresponding right of use;
v. to act at all times in good faith and in a manner that reflects the good name, goodwill and reputation of the other Contractors, Members and Other entities and in accordance with good business ethics;
vi. to participate in a cooperative manner to the meetings of the different bodies under this Consortium Agreement;
vii. to award subcontract to the bid offering best value for money and to comply with the requirements of the EC Contract , Annex II - General Conditions, article II 6. In addition, a Contractor shall obtain the prior approval of the Steering Committee concerned, for all subcontracts of an amount lower than 20 % of the contribution it is entitled to receive during the concerned financial period, and the prior approval of the Project Co-ordination Committee for all subcontracts of an amount equal to or higher than this percentage, except for the subcontracts already identified in Aannex I1 of the EC Contract.
Contractor's Undertakings. The Contractor represents, warrants and undertakes:
(i) that all Contractor Personnel have the qualifications and experience claimed or attributed to them in Annex 2 (Contractor’s Proposal for Framework Agreement) and are, in any event, suitably skilled, experienced and qualified to carry out the duties and tasks assigned to them in connection with the performance of the Services;
(ii) that neither the Contractor nor any Contractor Personnel or any person acting on its behalf has offered, given or agreed to give or will offer, give or agree to give any person any inducement or reward (or anything which might be considered an inducement or reward) in connection with ECMWF entering into this Agreement or any Service Contract;
(iii) to comply with (and to procure that the Contractor Personnel comply with) ECMWF’s reasonable requests in performing the Services;
(iv) the performance of the Services shall not infringe any Intellectual Property Rights of any third party;
(v) that it owns, or has all necessary rights, authorisations and licences in respect of, all Intellectual Property Rights used in the provision of the Services to enable the Contractor to perform the Services in accordance with this Agreement and each Service Contract and to comply with the Contractor's obligations under this Agreement;
(vi) that the contents of Annex 2 (including its answers to all RFP questions) are correct and that ECMWF will be informed within five (5) Business Days of any of the contents becoming incorrect, during the Term;
(vii) that it has made and shall make its own enquiries to satisfy itself as to the accuracy and adequacy of any information supplied to it by or on behalf of ECMWF;
(viii) that it has raised all relevant due diligence questions with ECMWF before the Effective Date;
(ix) that it has entered into this Agreement in reliance on its own due diligence alone;
(x) that the Contractor will consult with ECMWF about all proposals for Co- Financing, including In-Kind Contributions and that, if this Agreement or a related Service- Contract benefits from Co-Financing, the Contractor will nevertheless ensure that its performance or completion shall not be dependent upon the continuation of the Co-Financing;
(xi) that the Contractor and its Sub-contractors are not engaging, and will not engage, in any type of Double Financing by entering into this Agreement; and
(xii) where assets need to be imported in the Union or exported outside the Union or transferred within t...
Contractor's Undertakings. The Contractor represents, warrants and undertakes:
(i) that neither the Contractor nor any Contractor Personnel, i.e. the employees, agents (including vicarious agents according to section 278 BGB), consultants and sub-contractors of the Contractor and of any sub-contractor, who provide or who are involved in the delivery of the services, or any person acting on its behalf has offered, given or agreed to give or will offer, give or agree to give any person any inducement or reward (or anything which might be considered an inducement or reward) in connection with ECMWF entering into this Agreement;
(ii) to comply with (and to procure that the Contractor Personnel comply with) ECMWF’s reasonable requests in performing the contractual obligations;
(iii) the performance of the contractual obligations shall not infringe any Intellectual Property Rights of any third party;
(iv) that it owns, or has all necessary rights, authorisations and licences in respect of, all Intellectual Property Rights used in the provision of the services to enable the Contractor to perform the contractual obligations in accordance with this Agreement;
(v) that the Contractor and its sub-contractors are not engaging, and will not engage, in any type of double financing by entering into this Agreement, i.e. acquiring some form of funding, consideration or reimbursement, in addition to the funds paid by ECMWF to the Contractor in return for supplying or providing access to some or all of the same or essentially the same Deliverables (according to Clause 3.2.1) or Assets (according to Clause 3.
1.1) as ECMWF is paying for with the funds under this Agreement; and
(vi) where assets need to be imported in the European Union or exported outside the European Union or transferred within the European Union as part of the contractual obligations, and export control or transfer control restrictions apply, that it shall secure the necessary licences and authorisations.
Contractor's Undertakings. The Contractor must:
31.1 Properly provide for the care, safety, security and protection of:
31.1.1 all Records (whether created by the Principal, the Contractor or any other person) that are in the custody or control of the Contractor; and
31.1.2 all property supplied by the Principal or both to the Contractor in connection with the Agreement;
31.2 Always act ethically in connection with the Agreement and in accordance with good corporate governance practices;
31.3 Comply with all State and Commonwealth laws relevant to the Agreement;
31.4 If the Contractor has custody or control of State records, comply with the Principal’s record keeping plan to the extent necessary under the State Records Xxx 0000;
31.5 Cooperate fully with the Principal in respect of the administration of the Agreement;
31.6 Use its best endeavours to ensure that no Contractor Personnel cause the Contractor to breach the Agreement; and
31.7 Not directly or indirectly offer a bribe, gift or inducement to any officer or employee of the Principal in connection with the Agreement.
Contractor's Undertakings. The Contractor undertakes that the design, the Contractor's Documents, the execution and the completed Works will be in accordance with: (a) the Laws of Zanzibar, and (b) the documents forming the Contract, as altered or modified by Variations.
Contractor's Undertakings
