Execution of services. 5.1 The execution of services must be effected in the manner and at the time as set out in the Agreement.
5.2 Exceeding the time set for the provision of services by the Seller results in the Seller being in default. Moreover, in case of total or partial failure or delay in the completion at the due date, the Buyer reserves the right to cancel all or part of the order under the Agreement and to place automatically such cancelled part of the order with another contractor at Seller’s expense and risks and without any summons being necessary therefore.
5.3 The provision of services is completed when the Buyer has confirmed in writing that the services provided have been performed or that the services provided have been approved. Any confirmation of completion of provided services by the Buyer shall not constitute a waiver of any right by the Buyer.
5.4 The Seller may only instruct sub-contractors to carry out services with prior written consent from the Buyer.
5.5 The Seller is not entitled to suspend the execution of services if the Buyer should fail to meet one or more of its obligations.
5.6 The Buyer is never bound by any period set by the Seller in which the Buyer should inform the Seller that the provided services have been rejected or after which the Buyer can no longer lodge a complaint.
Execution of services. 5.1. The execution of services must be effected in the manner and at the time as set out in the agreement.
5.2. Exceeding the time set for initiating or completing the performance of services by the Seller results in the Seller being in default. Moreover, in case of total or partial failure or delay in the completion at the due date, the Buyer reserves the right to (i) cancel all or part of the Purchase Order under the agreement i.e. to withdraw from the Agreement in whole or in part, or, respectively, to terminate the Agreement without observing a period of notice in whole or in in part, and, moreover (ii) to place automatically such cancelled part of the Purchase Order with another contractor at Seller’s expense and risks and without any summons being necessary therefore.
5.3. The provision of services is completed when the Buyer has confirmed in writing that the services provided have been performed and approved. Any confirmation of completion of provided services by the Buyer shall not constitute a waiver of any right by the Buyer, in particular under the statutory warranty or guarantee. The Seller is responsible for all of the actions or omissions of its sub-contractors and all of the persons whom Seller uses in the execution of the Agreement like for its own actions or omissions.
5.4. The Seller is not entitled to suspend the execution of services if the Buyer should fail to meet one or more of its obligations.
5.5. The Buyer is never bound by any period set by the Seller in which the Buyer should inform the Seller that the provided services have been rejected or after which the Buyer can no longer lodge a complaint.
5.6. The Seller, its agents and personnel are required to abide by the Buyer’s safety regulations, confidentiality obligations and rules of conduct while on Buyer’s property and to all rules and regulations imposed by law.
5.7. In providing services, the Seller is obliged to comply with environmental law, in particular with current regulations on packaging and packaging waste management and waste management regulations.
5.8. If any waste in terms of environmental law is generated in the performance of the Seller’s services, the Seller must recycle or remove such waste in accordance with the provisions of environmental law at its own expense and risk, unless otherwise agreed in writing. To the fullest extent permitted by applicable laws and regulations, all environmental law obligations related to the execution of the Agreement shall be p...
Execution of services. 2.2.1. The Operator shall:
(a) continuously, diligently perform and execute the Services as per the Applicable Standards, any Employer’s Instructions and any other manuals, policies, procedures and plans to be established pursuant to this Agreement; and
(b) ensure that the Services are executed with due skill and care, in a proper, workmanlike manner with properly equipped facilities in accordance with recognized good practice and Applicable Standards.
2.2.2. No review, non-objection, or approval by the Employer of any agreement, document, instrument, plan, drawing, specification or design proposed by the Operator shall relieve the Operator from any liability that it would otherwise have had for its negligence or default in the preparation of such agreement, document, instrument, plan, drawing, specification or design or failure to comply with Applicable Standards or to satisfy the Operator’s obligations under this Agreement, except as otherwise specified in this Agreement. The Employer is not liable to the Operator or any other person by reason of its review, non-objection, or approval of any agreement, document, instrument, plan, drawing, specification, or design, except as otherwise specified in this Agreement.
2.2.3. If the Operator becomes aware of a conflict between the Applicable Standards and other requirements set out in Section 2.2.1 or elsewhere in this Agreement, then the Operator shall promptly notify the Employer and the Parties shall discuss in good faith and agree the manner in which the Operator should execute the Services, provided that the Employer shall not be entitled to require the Operator to act in breach of any applicable Laws.
2.2.4. The Operator hereby agrees to indemnify, defend and hold the Employer harmless from any and all liabilities, damages, costs, penalties, fines, expenses, fees and charges of any nature associated with any non-compliance and violations by the Operator of this Section 2.2 (Execution of Services).
Execution of services. 7.1 The execution of services must be effected in the manner and at the time as set out in the Agreement.
7.2 Exceeding the time set for the provision of services by the Seller results in the Seller being in default.
7.3 Without prejudice to the provision in the previous paragraph, the Seller is obliged to inform the Purchaser immediately of any delay or foreseeable delay in the execution of the Agreement.
7.4 If the Agreement provides a penalty for exceeding the time limit within which the assignment must be completed, this will not prevent the damage actually suffered by the Purchaser and caused by late completion by the Seller to be fully reimbursed.
7.5 If and to the extent the work is performed at the premises of the Purchaser, this shall be done within the working hours applicable there, unless otherwise agreed. At the Purchaser’s first request, the Seller shall be obliged to carry out the work outside these working hours. Travel time and waiting time shall not count as time worked and can onlybe charged to the Purchaser if an express and written agreement between him and the Seller exists in relation thereto.
7.6 The Seller shall at his own expense timely arrange for the execution of the work and/or employment of employees and obtaining the necessary permits, waivers, approvals and decisions.
7.7 The provision of services is completed when the Purchaser has confirmed in writing that the services provided have been performed or that the services provided have been approved. The Seller cannot derive any rights from such confirmation or approval and the confirmation or approval therefore do not prevent the Purchaser from exercising (for instance) its rights on the grounds (among others) of a default on the part of the Seller.
7.8 The Seller may only instruct third parties to carry out services with prior written consent from the Purchaser.
7.9 The Seller is not entitled to suspend the execution of services if the Purchaser should fail to meet one or more of its obligations.
7.10 The Purchaser may at any time terminate or interrupt the Agreement in whole or in part, without this giving the other party the right to any compensation, other than the payment for the work actually performed at that time or a proportionate part of any agreed fixed price.
Execution of services. (a) The Bank may deny withdrawals or payments to third parties if the Customer the Bank any outstanding amounts.
(b) Customer will not be allowed to withdraw against uncleared funds
(c) The Customer may use the Agent banking services offered by the Bank as per terms outlined at the agent locations. All Agent banking transactions must be carried out online and the Bank shall not be responsible for any manual transactions.
(d) Withdrawals at the Bank's ATMs are subject to daily withdrawal limits. The same may not be subjected on ATMs that are not the Bank's.
(e) The Customer must notify the Bank immediately if Card is lost or stolen. Any oral notification must be confirmed in writing to the Bank within 7 days from such notification. The Customer will be liable in respect to any transactions carried out prior to issuing the notification.
(f) The Card is not a cheque guarantee card and the Cardholder shall not represent the Card as such.
(g) The Bank may at its own discretion act on Cardholder's request for a replacement Card at the Customer's cost.
Execution of services. (a) The Bank may subject the Customer to further checks before processing instructions.
(b) The Customer may use the Internet banking services subject to availability of applicable electronic communication systems, the adherence to the normal working hours and, the capacity of the institutions and systems involved in the execution of the services.
(c) The Customer must not send to the Bank instructions through the internet that are subject to deadlines. If deadlines are not met, the Customer will indemnify and hold the Bank harmless against any losses or claims as a result.
Execution of services. (a) The Bank may subject the Customer to further checks before processing their instructions
(b) The Customer may use the Mobile banking services subject to availability of applicable electronic communication systems, adherence to the normal working hours and, the capacity of the institutions and systems involved in the execution of the services.
(c) The Customer must not send to the Bank instructions through the mobile phone that are subject to deadlines. If deadlines are not met, the Customer will indemnify and hold the Bank harmless against any losses or claims as a result.
(d) The Customer may use the Agent banking services offered by the Bank as per terms outlined at the agent locations. All agent banking transactions must be carried out online and the Bank shall not be responsible for any manual transactions.
Execution of services. 13.1 OGD shall perform its services with care, if applicable in accordance with the Agreement and procedures agreed in writing with Customer.
13.2 If it has been accepted that the service will be performed in phases, OGD may postpone the commencement of activities belonging to the next phase until Customer has agreed to the previous phase in writing as completed.
13.3 All (delivery) terms mentioned by OGD are determined to the best of knowledge based on information known to OGD and will be taken into account as much as possible. OGD is not bound by the (delivery) terms that cannot be complied with due to circumstances that have occurred after concluding the Agreement. In case a delivery term is at risk of being exceeded, OGD and Customer will inform each other as soon as possible regarding the consequences. Excessively exceeding delivery terms may constitute a ground to terminate the Agreement, in accordance with Articles 7 and 8.
Execution of services. 2.1 Without prejudice to the provisions of the following art. 3 of these General Terms and Conditions, the Services will be performed by Agiometrix srl in accordance with what is indicated and agreed in the Contract and, in any case, with diligence also in light of the rules of good technique, it being understood that the obligations assumed with the Contract are obligations of means and not of result.
2.2 The Services will be carried out by Agiometrix srl with full technical and organizational autonomy, at the times and hours it deems appropriate. It is understood that Agiometrix srl may use for the provision of the Services all the tools, its own or third parties, that it deems appropriate.
2.3 The Services will be provided by Agiometrix srl through the professional figures and in the measure and quantity exactly indicated and agreed in the Contract, unless otherwise agreed from time to time in writing with the Client. It is understood that the aforementioned Service may also be provided by Agiometrix srl through its external consultants and/or service subcontractors.
2.4 Agiometrix srl guarantees that the consultancy activities will be carried out by personnel with adequate preparation and professional capacity.
2.5 Agiometrix srl declares and guarantees that no liability can arise for the Client as a result of its possible non-fulfillment regarding the treatment and/or remuneration of its employees used for the Services.
2.6 Agiometrix srl will carry out the Services in compliance with all applicable regulations, including those on workplace safety applicable to its employees used for the execution of the Services. It is agreed, however, that the Client will have the exclusive responsibility, undertaking to indemnify and hold harmless Agiometrix srl in relation to any related burden or prejudice, both (i) to evaluate - in advance and afterwards - the suitability of the Sale related to the Services with regard to the characteristics and needs of its own organizational/production structure, and (ii) to ensure that the Sale related to the Services, if it directly or indirectly affects machinery or other production elements of the Client itself, complies with safety and hygiene regulations at work, also carrying out the final verification of the aforementioned Sale and adopting all necessary security measures.
Execution of services. 3.1 The parent shall allocate responsibility to the Nominated Officer, Chief Executive for ensuring the effective provision of Services in accordance with this Agreement. The Nominated Officer, Chief Executive shall be responsible for reporting to the Board of the Subsidiary Company on all aspects relating to the delivery of Services on behalf on the Parent.
3.2 The Nominated Officer may delegate operational responsibility for provision of Services in accordance with this agreement to relevant members of staff of the Parent, normally the Director of Corporate Services for financial arrangements and Director of Asset Management for operational arrangements. The Board of the Subsidiary Company shall be informed of the allocation of such operational responsibilities at the commencement date. Any subsequent changes will be notified to the Board as they occur.
3.3 In providing services the Subsidiary Company, staff of the Parent shall have full authority to incur all necessary expenditure on behalf of the Subsidiary Company provided that expenditure falls within the terms of the budget approved by the Board of the Subsidiary Company, its Standing Orders and the Group Scheme of Delegated Authority.
3.4 In providing services under the terms of this Agreement, the Nominated Officer and all officers of the Parent to whom the Nominated Officer may delegate operational responsibility will comply with the terms of the Group Scheme of Delegated Authority EXCEPT that the following require the prior approval of the Board of the Subsidiary Company:
3.5.1 Matters that involve material or reputational risks or questions of strategic policy
3.5.2 The sale, lease or purchase of land, assets or other heritable property by or on behalf of the Subsidiary Company
3.5.3 The terms of all borrowing by the Subsidiary Company and the granting of any security over any part of the Subsidiary Company’s assets
3.5.4 The appointment or dismissal of the Subsidiary Company’s auditors, bankers or solicitors
3.5.5 Approval of the Subsidiary Company’s business plans, budgets and financial plans
3.5.6 Approval of all formal agreements between the Parent and the Subsidiary Company and any variations or amendments to such agreements