Common use of Duty of Care and Exercise of Authority Clause in Contracts

Duty of Care and Exercise of Authority. 4.1 The Consultant QS shall exercise all reasonable skill, care and diligence in the performance of his obligations under this Contract. 4.2 The Consultant QS acknowledges that the Employer shall be deemed to have relied on the Consultant QS’s professional skill and judgement in respect of those matters relating to the Project which lie within the scope of the Consultant QS’s responsibilities hereunder and that accordingly the Consultant QS owes to the Employer a professional duty of care. 4.3 The Consultant QS shall perform the Services in such manner and at such times that no negligent or intentional act, omission or default by the Consultant QS in relation to the Services shall constitute, cause or contribute to any breach by the Employer of any of the Employer’s obligations in respect of the Project of which the Consultant QS is aware. 4.4 Where the Services include the exercise of powers or performance of duties authorised or required by the terms of a contract between the Employer and any third party, the Consultant QS shall: a Act in accordance with the contract provided that the details of such powers and duties are acceptable to him where they are not described in the Second Schedule. b If authorised to certify, decide or exercise discretion, do so fairly between the Employer and the third party, not as an arbitrator but in accordance with the skill and judgement expected from an independent professional advisor. c If so authorised vary the obligations of any third party, subject to obtaining the prior approval of the Employer to any variation which can have an important effect on costs or quality or time (except in any emergency when the Consultant QS shall inform the Employer as soon as practicable). 4.5 The Consultant QS shall not accept any trade commission, discount, allowance, indirect payment or other consideration from any third party in connection with the Project. 4.6 The Consultant QS shall not have the benefit whether directly or indirectly of any royalty, gratuity or commission in respect of any patented or protected article or process used on or for the purposes of the Project. 4.7 Subject as hereinafter mentioned the Consultant QS shall not specify any particular trade or proprietary name in any documents prepared by him in the course of the performance of the Services. In cases where in order to identify the type and/or quality of any article or process the use of a trade or proprietary name is unavoidable the Consultant QS shall nominate at least one such name and shall add the words “or approved equivalent”. The prior approval of the Employer shall be obtained to such nomination of a trade or proprietary name.

Duty of Care and Exercise of Authority. 4.1 The Consultant QS shall exercise all reasonable skill, care and diligence Service Provider shall: (a) in the performance of his performing its obligations under this Contract.Agreement, exercise reasonable professional skill, diligence and care as may be expected of a properly qualified and competent person carrying out services of a similar size, nature, type and complexity; 4.2 The Consultant QS acknowledges (b) ensure that all personnel engaged toward the Employer shall be deemed Service are properly qualified and competent in accordance with the relevant Standards and the Agreement and are qualified to have relied on perform their duties efficiently; (c) at all times during the Consultant QS’s professional skill term of this Agreement and judgement in respect of those matters relating to performing the Project which lie within the scope Service, ascertain and comply with all Applicable Laws and Good Industry Practice of the Consultant QS’s responsibilities hereunder Republic of Latvia. In case Good Industry Practice for any particular aspects is not available in Latvia, the Service Provider shall apply the Good Industry Practice from elsewhere in the European Union and ensure that accordingly it is in compliance with Applicable Law of the Consultant QS owes to Republic of Latvia; (d) comply, where applicable, with any reasonable requirements of the Employer a professional duty Principal not otherwise provided for in this Agreement; (e) notify the Principal of care. 4.3 The Consultant QS shall perform the Services any Defects in accordance with Clause (b) of this Agreement as soon as such manner and at such times that no negligent or intentional act, omission or default Defects are identified by the Consultant QS in relation to Service Provider; and (f) whenever the Services shall constitute, cause or contribute to any breach by the Employer of any of the Employer’s obligations in respect of the Project of which the Consultant QS is aware. 4.4 Where the Services include Service includes the exercise of powers or performance of duties authorised authorized or required by pursuant to the terms of a any contract entered into between the Employer Principal and any third party, the Consultant QS Service Provider shall: a Act : (i) act in accordance with the contract provided terms and conditions of the agreement entered into between the Principal and the relevant third party; provided, however, that the details of such powers and duties duties, to the extent not described pursuant to Annex B: Technical Specification are acceptable to him where they are not described in the Second Schedule. b If authorised Service Provider; (ii) if authorized to certify, decide or exercise discretion, do so fairly between the Employer Principal and the third party, party not as an arbitrator but in accordance with the skill and judgement expected from as an independent professional advisor. c If exercising its best skill and judgment; and (iii) to the extent so authorised vary authorized, cause the obligations of any third partyparty to be adjusted or modified, subject to obtaining the prior approval of the Employer Principal to any variation adjustment or modification which can have an important a material effect on costs or Costs, quality or time (except in any emergency when the Consultant QS Service Provider shall inform the Employer Principal as soon as practicable). 4.5 The Consultant QS shall not accept any trade commission, discount, allowance, indirect payment or other consideration from any third party in connection with the Project. 4.6 The Consultant QS shall not have the benefit whether directly or indirectly of any royalty, gratuity or commission in respect of any patented or protected article or process used on or for the purposes of the Project. 4.7 Subject as hereinafter mentioned the Consultant QS shall not specify any particular trade or proprietary name in any documents prepared by him in the course of the performance of the Services. In cases where in order to identify the type and/or quality of any article or process the use of a trade or proprietary name is unavoidable the Consultant QS shall nominate at least one such name and shall add the words “or approved equivalent”. The prior approval of the Employer shall be obtained to such nomination of a trade or proprietary name.

Duty of Care and Exercise of Authority. 4.1 The Consultant QS shall exercise all reasonable skill, care and diligence Service Provider shall: (a) in the performance of his performing its obligations under this Contract.Agreement, exercise reasonable professional skill, diligence and care as may be expected of a properly qualified and competent person carrying out services of a similar size, nature, type and complexity; 4.2 The Consultant QS acknowledges (b) ensure that all personnel engaged toward the Service are competent in accordance with relevant Standards and are qualified to perform their duties efficiently; (c) ensure that all maps, drawings, plans, specifications, estimates, studies, computer files and other documents required to be prepared or submitted by the Service Provider under this Agreement conform to Good Industry Practice generally acceptable at the time of submission of such maps, drawings, plans, specifications, estimates, studies, computer files and documetns; (d) at all times during the term of this Agreement and in performing the Service, ascertain and comply with all Applicable Laws, Good Industry Practice and, to the extent applicable, conditions of any Necessary Consents; (e) comply, where applicable, with any reasonable requirements of the Principal not otherwise provided for in this Agreement; (f) ensure that all designs are performed, and that the Employer shall be deemed to have relied on design process is documented, in accordance with Good Industry Practice, and using standard industry quailty control methodology; (g) notify the Consultant QS’s professional skill and judgement Principal of any Defects in respect accordance with Clause 7.3 of those matters relating to the Project which lie within the scope of the Consultant QS’s responsibilities hereunder and that accordingly the Consultant QS owes to the Employer a professional duty of care. 4.3 The Consultant QS shall perform the Services in this Agreement as soon as such manner and at such times that no negligent or intentional act, omission or default Defects are identified by the Consultant QS in relation to Service Provider; (h) whenever the Services shall constitute, cause or contribute to any breach by the Employer of any of the Employer’s obligations in respect of the Project of which the Consultant QS is aware. 4.4 Where the Services include Service includes the exercise of powers or performance of duties authorised duetis authorized or required by pursuant to the terms of a any contract entered into between the Employer Principal and any third party, the Consultant QS Service Provider shall: a Act : (i) act in accordance with the contract provided terms and conditions of the agreement entered into between the Principal and the relevant third party; provided, however, that the details of such powers and duties duties, to the extent not described pursuant to 0 (Scope of Service) are acceptable to him where they are not described in the Second Schedule. b If authorised Service Provider; (ii) if authorized to certify, decide or exercise discretion, do so fairly between the Employer Principal and the third party, party not as an arbitrator but in accordance with the skill and judgement expected from as an independent professional advisor. c If exercising its best skill and judgment; and (iii) to the extent so authorised vary authorized, cause the obligations of any third partyparty to be adjusted or modified, subject to obtaining the prior approval of the Employer Principal to any variation adjustment or modification which can have an important a material effect on costs or Costs, quality or time (except in any emergency when the Consultant QS Service Provider shall inform the Employer Principal as soon as practicable). 4.5 The Consultant QS shall not accept any trade commission, discount, allowance, indirect payment or other consideration from any third party in connection with the Project. 4.6 The Consultant QS shall not have the benefit whether directly or indirectly of any royalty, gratuity or commission in respect of any patented or protected article or process used on or for the purposes of the Project. 4.7 Subject as hereinafter mentioned the Consultant QS shall not specify any particular trade or proprietary name in any documents prepared by him in the course of the performance of the Services. In cases where in order to identify the type and/or quality of any article or process the use of a trade or proprietary name is unavoidable the Consultant QS shall nominate at least one such name and shall add the words “or approved equivalent”. The prior approval of the Employer shall be obtained to such nomination of a trade or proprietary name.

Duty of Care and Exercise of Authority. 4.1 The Consultant QS shall exercise all reasonable skill, care and diligence Service Provider shall: (a) in the performance of his performing its obligations under this Contract.Agreement, exercise reasonable professional skill, diligence and care as may be expected of a properly qualified and competent person carrying out services of a similar size, nature, type and complexity; 4.2 The Consultant QS acknowledges (b) ensure that all personnel engaged toward the Service are competent in accordance with relevant Standards and are qualified to perform their duties efficiently; (c) ensure that all maps, drawings, plans, specifications, estimates, studies, computer files and other documents and information required to be prepared or submitted by the Service Provider under this Agreement conform to Good Industry Practice generally acceptable at the time of submission of such maps, drawings, plans, specifications, estimates, studies, computer files and documents; (d) at all times during the term of this Agreement and in performing the Service, ascertain and comply with all Applicable Law, Good Industry Practice and, to the extent applicable, conditions of any Necessary Consents; (e) comply, where applicable, with any reasonable requirements of the Principal not otherwise provided for in this Agreement; (f) ensure that all designs are performed, and that the Employer shall be deemed to have relied on design process is documented, in accordance with Good Industry Practice, and using standard industry quality control methodology; (g) notify the Consultant QS’s professional skill and judgement Principal of any Defects in respect accordance with Clause 7.3 of those matters relating to the Project which lie within the scope of the Consultant QS’s responsibilities hereunder and that accordingly the Consultant QS owes to the Employer a professional duty of care. 4.3 The Consultant QS shall perform the Services in this Agreement as soon as such manner and at such times that no negligent or intentional act, omission or default Defects are identified by the Consultant QS in relation to Service Provider; (h) whenever the Services shall constitute, cause or contribute to any breach by the Employer of any of the Employer’s obligations in respect of the Project of which the Consultant QS is aware. 4.4 Where the Services include Service includes the exercise of powers or performance of duties authorised authorized or required by pursuant to the terms of a any contract entered into between the Employer Principal and any third party, the Consultant QS Service Provider shall: a Act : (i) act in accordance with the contract provided terms and conditions of the agreement entered into between the Principal and the relevant third party; provided, however, that the details of such powers and duties duties, to the extent not described pursuant to Annex C (Scope of Service (Technical Specification)) are acceptable to him where they are not described in the Second Schedule. b If authorised Service Provider; (ii) if authorized to certify, decide or exercise discretion, do so fairly between the Employer Principal and the third party, party not as an arbitrator but in accordance with the skill and judgement expected from as an independent professional advisor. c If exercising its best skill and judgment; and (iii) to the extent so authorised vary authorized, cause the obligations of any third partyparty to be adjusted or modified, subject to obtaining the prior approval of the Employer Principal to any variation adjustment or modification which can have an important a material effect on costs or Costs, quality or time (except in any emergency when the Consultant QS Service Provider shall inform the Employer Principal as soon as practicable). 4.5 The Consultant QS shall not accept any trade commission, discount, allowance, indirect payment or other consideration from any third party in connection with the Project. 4.6 The Consultant QS shall not have the benefit whether directly or indirectly of any royalty, gratuity or commission in respect of any patented or protected article or process used on or for the purposes of the Project. 4.7 Subject as hereinafter mentioned the Consultant QS shall not specify any particular trade or proprietary name in any documents prepared by him in the course of the performance of the Services. In cases where in order to identify the type and/or quality of any article or process the use of a trade or proprietary name is unavoidable the Consultant QS shall nominate at least one such name and shall add the words “or approved equivalent”. The prior approval of the Employer shall be obtained to such nomination of a trade or proprietary name.

Duty of Care and Exercise of Authority. 4.1 The Consultant QS shall exercise all reasonable skill, care and diligence Service Provider shall: (a) in the performance of his performing its obligations under this Contract.Agreement, exercise reasonable professional skill, diligence and care as may be expected of a properly qualified and competent person carrying out services of a similar size, nature, type and complexity; 4.2 The Consultant QS acknowledges (b) ensure that all personnel engaged toward the Employer shall be deemed Service are properly qualified and competent in accordance with the relevant Standards and the Agreement and are qualified to have relied on perform their duties efficiently; (c) at all times during the Consultant QS’s professional skill term of this Agreement and judgement in respect of those matters relating to performing the Project which lie within the scope Service, ascertain and comply with all Applicable Laws and Good Industry Practice of the Consultant QS’s responsibilities hereunder Republic of Lithuania. In case Good Industry Practice for any particular aspects is not available in Lithuania, the Service Provider shall apply the Good Industry Practice from elsewhere in the European Union and ensure that accordingly it is in compliance with Applicable Law of the Consultant QS owes to Republic of Lithuania; (d) comply, where applicable, with any reasonable requirements of the Employer a professional duty Principal not otherwise provided for in this Agreement; (e) notify the Principal of care. 4.3 The Consultant QS shall perform the Services any Defects in accordance with Clause 8.3 of this Agreement as soon as such manner and at such times that no negligent or intentional act, omission or default Defects are identified by the Consultant QS in relation to Service Provider; and (f) whenever the Services shall constitute, cause or contribute to any breach by the Employer of any of the Employer’s obligations in respect of the Project of which the Consultant QS is aware. 4.4 Where the Services include Service includes the exercise of powers or performance of duties authorised authorized or required by pursuant to the terms of a any contract entered into between the Employer Principal and any third party, the Consultant QS Service Provider shall: a Act : (i) act in accordance with the contract provided terms and conditions of the agreement entered into between the Principal and the relevant third party; provided, however, that the details of such powers and duties duties, to the extent not described pursuant to Annex B: Technical Specification are acceptable to him where they are not described in the Second Schedule. b If authorised Service Provider; (ii) if authorized to certify, decide or exercise discretion, do so fairly between the Employer Principal and the third party, party not as an arbitrator but in accordance with the skill and judgement expected from as an independent professional advisor. c If exercising its best skill and judgment; and (iii) to the extent so authorised vary authorized, cause the obligations of any third partyparty to be adjusted or modified, subject to obtaining the prior approval of the Employer Principal to any variation adjustment or modification which can have an important a material effect on costs or Costs, quality or time (except in any emergency when the Consultant QS Service Provider shall inform the Employer Principal as soon as practicable). 4.5 The Consultant QS shall not accept any trade commission, discount, allowance, indirect payment or other consideration from any third party in connection with the Project. 4.6 The Consultant QS shall not have the benefit whether directly or indirectly of any royalty, gratuity or commission in respect of any patented or protected article or process used on or for the purposes of the Project. 4.7 Subject as hereinafter mentioned the Consultant QS shall not specify any particular trade or proprietary name in any documents prepared by him in the course of the performance of the Services. In cases where in order to identify the type and/or quality of any article or process the use of a trade or proprietary name is unavoidable the Consultant QS shall nominate at least one such name and shall add the words “or approved equivalent”. The prior approval of the Employer shall be obtained to such nomination of a trade or proprietary name.

Duty of Care and Exercise of Authority. 4.1 The Consultant QS shall exercise all reasonable skill, care and diligence Service Provider shall: (a) in the performance of his performing its obligations under this Contract.Agreement, exercise reasonable professional skill, diligence and care as may be expected of a properly qualified and competent person carrying out services of a similar size, nature, type and complexity; 4.2 The Consultant QS acknowledges (b) ensure that all personnel engaged toward the Service are competent in accordance with relevant Standards and are qualified to perform their duties efficiently; (c) ensure that all maps, drawings, plans, specifications, estimates, studies, computer files and other documents required to be prepared or submitted by the Service Provider under this Agreement conform to Good Industry Practice generally acceptable at the time of submission of such maps, drawings, plans, specifications, estimates, studies, computer lefis and documents; (d) at all times during the term of this Agreement and in performing the Service, ascertain and comply with all Applicable Laws, Good Industry Practice and, to the extent applicable, conditions of any Necessary Consents; (e) comply, where applicable, with any reasonable requirements of the Principal not otherwise provided for in this Agreement; (f) ensure that all designs are performed, and that the Employer shall be deemed to have relied on design process is documented, in accordance with Good Industry Practice, and using standadr methodology; industry quality control (g) notify the Consultant QS’s professional skill and judgement Principal of any Defects in respect accordance with Clause 7.3 of those matters relating to the Project which lie within the scope of the Consultant QS’s responsibilities hereunder and that accordingly the Consultant QS owes to the Employer a professional duty of care. 4.3 The Consultant QS shall perform the Services in this Agreement as soon as such manner and at such times that no negligent or intentional act, omission or default Defects are identified by the Consultant QS in relation to Service Provider; (h) whenever the Services shall constitute, cause or contribute to any breach by the Employer of any of the Employer’s obligations in respect of the Project of which the Consultant QS is aware. 4.4 Where the Services include Service includes the exercise of powers or performance perofrmance of duties authorised authorized or required by pursuant to the terms of a any contract entered into between the Employer Principal and any third party, the Consultant QS Service Provider shall: a Act : (i) act in accordance with the contract provided terms and conditions of the agreement entered into between the Principal and the relevant third party; provided, however, that the details of such powers and duties duties, to the extent not described pursuant to Annex C (Scope of Service) are acceptable to him where they are not described in the Second Schedule. b If authorised Service Provider; (ii) if authorized to certify, decide or exercise discretion, do so fairly between the Employer Principal and the third party, party not as an arbitrator but in accordance with the skill and judgement expected from as an independent professional advisor. c If exercising its best skill and judgment; and (iii) to the extent so authorised vary authorized, cause the obligations of any third partyparty to be adjusted or modified, subject to obtaining the prior approval of the Employer Principal to any variation adjustment or modification which can have an important a material effect on costs or Costs, quality or time (except in any emergency when the Consultant QS Service Provider shall inform the Employer Principal as soon as practicable). 4.5 The Consultant QS shall not accept any trade commission, discount, allowance, indirect payment or other consideration from any third party in connection with the Project. 4.6 The Consultant QS shall not have the benefit whether directly or indirectly of any royalty, gratuity or commission in respect of any patented or protected article or process used on or for the purposes of the Project. 4.7 Subject as hereinafter mentioned the Consultant QS shall not specify any particular trade or proprietary name in any documents prepared by him in the course of the performance of the Services. In cases where in order to identify the type and/or quality of any article or process the use of a trade or proprietary name is unavoidable the Consultant QS shall nominate at least one such name and shall add the words “or approved equivalent”. The prior approval of the Employer shall be obtained to such nomination of a trade or proprietary name.

Duty of Care and Exercise of Authority. 4.1 The Consultant QS shall exercise all reasonable skill, care and diligence Service Provider shall: (a) in the performance of his performing its obligations under this Contract.Agreement, exercise reasonable professional skilld, iligence and care as may be expected of a properly qualified and competent person carrying out services of a similar size, nature, type and complexity; 4.2 The Consultant QS acknowledges (b) ensure that all personnel engaged toward the Service are competent in accordance with relevant Standards and are qualified to perform their duties efficiently; (c) ensure that all maps, drawings, plans, specifications, estimates, studies, computer files and other documents required to be prepared or submitted by the Service Provider under this Agreement conform to Good Industry Practice generally acceptable at the time of submission of such maps, drawings, plans, specifications, estimates, studies, computer files and documents; (d) at all times during the term of this Agreement and in performing the Service, ascertain and comply with all Applicable Laws, Good Industry Practice and, to the extent applicable, conditions of any Necessary Consents; (e) comply, where applicable, with any reasonable requirements of the Principal not otherwise provided for in this Agreement; (f) ensure that all designs are performed, and that the Employer shall be deemed to have relied on design process is documented, in accordance with Good Industry Practice, and using standard industry quality control methodology; (g) notify the Consultant QS’s professional skill and judgement Principal of any Defects in respect accordancewith Clause 7.3 of those matters relating to the Project which lie within the scope of the Consultant QS’s responsibilities hereunder and that accordingly the Consultant QS owes to the Employer a professional duty of care. 4.3 The Consultant QS shall perform the Services in this Agreement as soon as such manner and at such times that no negligent or intentional act, omission or default Defects are identified by the Consultant QS in relation to Service Provider; (h) whenever the Services shall constitute, cause or contribute to any breach by the Employer of any of the Employer’s obligations in respect of the Project of which the Consultant QS is aware. 4.4 Where the Services include Service includes the exercise of powers or performance of duties authorised authorized or required by pursuant to the terms of a any contract entered into between the Employer Principal and any third party, the Consultant QS Service Provider shall: a Act : (i) act in accordance with the contract provided terms and conditions of the agreement entered into between the Principal and the relevant third party; provided, however, that the details of such powers and duties duties, to the extent not described pursuant to Annex D(Scope of Service) are acceptable to him where they are not described in the Second Schedule. b If authorised Service Provider; (ii) if authorized to certify, decide or exercise discretion, do so fairly between the Employer Principal and the third party, party not as an arbitrator but in accordance with the skill and judgement expected from as an independent professional advisor. c If exercising its best skill and judgment; and (iii) to the extent so authorised vary authorized, cause the obligations of any third partyparty to be adjusted or modified, subject to obtaining the prior approval of the Employer Principal to any variation adjustment or modification which can have an important a material effect on costs or Costs, quality or time (except in any emergency when the Consultant QS Service Provider shall inform the Employer Principal as soon as practicable). 4.5 The Consultant QS shall not accept any trade commission, discount, allowance, indirect payment or other consideration from any third party in connection with the Project. 4.6 The Consultant QS shall not have the benefit whether directly or indirectly of any royalty, gratuity or commission in respect of any patented or protected article or process used on or for the purposes of the Project. 4.7 Subject as hereinafter mentioned the Consultant QS shall not specify any particular trade or proprietary name in any documents prepared by him in the course of the performance of the Services. In cases where in order to identify the type and/or quality of any article or process the use of a trade or proprietary name is unavoidable the Consultant QS shall nominate at least one such name and shall add the words “or approved equivalent”. The prior approval of the Employer shall be obtained to such nomination of a trade or proprietary name.

Duty of Care and Exercise of Authority. 4.1 The Consultant QS shall exercise all reasonable skill, care and diligence Service Provider shall: (a) in the performance of his performing its obligations under this Contract.Agreement, exercise reasonable profesional skill, diligence and care as may be expected of a properly qualified and competent person carrying out services of a similar size, nature, type and complexity; 4.2 The Consultant QS acknowledges (b) ensure that all personnel engaged toward the Service are competent inaccordance with relevant Standards and are qualified to perform their duties efficiently; (c) ensure that all maps, drawings, plans, specifications, estimates, studies, computer files and other documents and information required to be prepared or submitted by the Service Provider under this Agreement conform to Good Industry Practice generally acceptable at the time of submission of such maps, drawings, plans, specifications, estimates, studies, computer files and documents; (d) at all times during the term of this Agreement and in performing the Service, ascertain and comply with all Applicable Law, Good Industry Practice and, to the extent applicable, conditions of any Necessary Consents; (e) comply, where applicable, with any reasonablerequirements of the Principal not otherwise provided for in this Agreement; (f) ensure that all designs are performed, and that the Employer shall be deemed to have relied on design process is documented, in accordance with Good Industry Practice, and using standard industry quality control methodology; (g) notify the Consultant QS’s professional skill and judgement Principal of any Defects in respect accordance with Clause7.3 of those matters relating to the Project which lie within the scope of the Consultant QS’s responsibilities hereunder and that accordingly the Consultant QS owes to the Employer a professional duty of care. 4.3 The Consultant QS shall perform the Services in this Agreement as soon as such manner and at such times that no negligent or intentional act, omission or default Defects are identified by the Consultant QS in relation to Service Provider; (h) whenever the Services shall constitute, cause or contribute to any breach by the Employer of any of the Employer’s obligations in respect of the Project of which the Consultant QS is aware. 4.4 Where the Services include Service includes the exercise of powers or performance of duties authorised authorized or required by pursuant to the terms of a any contract entered into between the Employer Principal and any third party, the Consultant QS Service Provider shall: a Act : (i) act in accordance with the contract provided terms and conditions of the agreement entered into between the Principal and the relevant third party; provided, however, that the details of such powers and duties are duties, to the extent not described pursuant toAnnex B: Scope of Service(Technical Specification)are acceptable to him where they are not described in the Second Schedule. b If authorised Service Provider; (ii) if authorized to certify, decide or exercise discretion, do so fairly between the Employer Principal and the third party, party not as an arbitrator but in accordance with the skill and judgement expected from as an independent professional advisor. c If exercising its best skilland judgment; and (iii) to the extent so authorised vary authorized, cause the obligations of any third partyparty to be adjusted or modified, subject to obtaining the prior approval of the Employer Principal to any variation adjustment or modification which can have an important a material effect on costs or onthe Fee, quality or time (except in any emergency when the Consultant QS Service Provider shall inform the Employer Principal as soon as practicable). 4.5 The Consultant QS shall not accept any trade commission, discount, allowance, indirect payment or other consideration from any third party in connection with the Project. 4.6 The Consultant QS shall not have the benefit whether directly or indirectly of any royalty, gratuity or commission in respect of any patented or protected article or process used on or for the purposes of the Project. 4.7 Subject as hereinafter mentioned the Consultant QS shall not specify any particular trade or proprietary name in any documents prepared by him in the course of the performance of the Services. In cases where in order to identify the type and/or quality of any article or process the use of a trade or proprietary name is unavoidable the Consultant QS shall nominate at least one such name and shall add the words “or approved equivalent”. The prior approval of the Employer shall be obtained to such nomination of a trade or proprietary name.

Duty of Care and Exercise of Authority. 4.1 The Consultant QS shall exercise all reasonable skill, care and diligence Service Provider shall: 3.2.1 in the performance of his performing its obligations under this Contract.Agreement, exercise reasonable professional skill, diligence and care as may be expected of a properly qualified and competent Person carrying out services of a similar size, nature, type and complexity; 4.2 The Consultant QS acknowledges 3.2.2 ensure that its personnel are properly qualified and competent in accordance with the Employer shall relevant standards; 3.2.3 ensure that all plans, shortlists, specifications, estimates, surveys and other documents required to be deemed prepared or submitted by the Service Provider under this Agreement conform to have relied on Good Industry Practice generally acceptable at the Consultant QS’s professional skill time of submission of such plans, specifications, estimates, studies and judgement in respect of those matters relating to documents; 3.2.4 at all times during the Project which lie within the scope term of the Consultant QS’s responsibilities hereunder Agreement, ascertain and that accordingly comply with all Applicable Laws and Good Industry Practice of the Consultant QS owes to Republic of Latvia; 3.2.5 comply, where applicable, with any reasonable requests of the Employer a professional duty Principal; 3.2.6 notify the Principal of care.any Defects as soon as they are identified by the Service Provider; 4.3 The Consultant QS shall perform 3.2.7 whenever the Services in such manner and at such times that no negligent or intentional act, omission or default by the Consultant QS in relation to the Services shall constitute, cause or contribute to any breach by the Employer of any of the Employer’s obligations in respect of the Project of which the Consultant QS is aware. 4.4 Where the Services include includes the exercise of powers or performance of duties authorised authorized or required by pursuant to the terms of a any contract entered into between the Employer Principal and any third party, the Consultant QS Service Provider shall: a Act : a) act in accordance with the contract provided terms and conditions of the agreement entered into between the Principal and the relevant third party; provided, however, that the details of such powers and duties duties, to the extent not described pursuant to Annex B: Technical Specification and Annex C: Technical proposal are acceptable to him where they are not described in the Second Schedule. b If authorised Service Provider; b) if authorized to certify, decide or exercise discretion, do so fairly between the Employer Principal and the third party, party not as an arbitrator but in accordance with the skill and judgement expected from as an independent professional advisor. c If exercising its best skill and judgment; and c) to the extent so authorised vary authorized, cause the obligations of any third partyparty to be adjusted or modified, subject to obtaining the prior approval of the Employer Principal to any variation adjustment or modification which can have an important a material effect on costs or Costs, quality or time (except in any emergency when the Consultant QS Service Provider shall inform the Employer Principal as soon as practicable). 4.5 The Consultant QS shall not accept any trade commission, discount, allowance, indirect payment or other consideration from any third party in connection with the Project. 4.6 The Consultant QS shall not have the benefit whether directly or indirectly of any royalty, gratuity or commission in respect of any patented or protected article or process used on or for the purposes of the Project. 4.7 Subject as hereinafter mentioned the Consultant QS shall not specify any particular trade or proprietary name in any documents prepared by him in the course of the performance of the Services. In cases where in order to identify the type and/or quality of any article or process the use of a trade or proprietary name is unavoidable the Consultant QS shall nominate at least one such name and shall add the words “or approved equivalent”. The prior approval of the Employer shall be obtained to such nomination of a trade or proprietary name.