Execution of the assignment. 2.1. The Contractor accepts the assignment and thereby accepts full responsibility for the proper execution of the agreed work.
2.2. The Contractor independently organizes his activities. Insofar as necessary for the execution of the assignment, coordination will take place with the Client in the event of cooperation with others, so that this will run optimally. If necessary for the work, the Contractor will refer to the working hours at the Client.
2.3. The Client provides the Contractor with all authority and information required for the proper execution of the assignment.
2.4. The Contractor is completely independent in the executing the agreed work. He / she performs the agreed work at his own discretion and without the supervision or direction of the Client. The client can, however, provide directions and instructions regarding the result of the assignment.
Execution of the assignment. 4.1 Kingcanary will execute the assignment in accordance with the requirements of good and sound workmanship on the basis of the plan approved by the Customer.
4.2 Unless agreed otherwise in writing between the Parties, Kingcanary will be permitted to work, in any form, for a company which is identical, similar or related to that of the Customer.
4.3 Unless agreed otherwise in writing between the Parties, Kingcanary will always be free to have work, within the framework of the assignment, carried out by third parties. Kingcanary is liable vis-à-vis the Customer for the correct fulfilment of the execution of work performed by third parties within the framework of an agreement. This liability on the part of Kingcanary will no longer apply if and insofar as the Customer obliges Kingcanary to use (third-party) suppliers/service providers designated by the Customer for the execution of the agreed work.
4.4 If, during the execution of the agreement, it transpires that it is necessary, for its proper execution, to change or supplement the agreement, Kingcanary will inform the Customer to this effect on time and the Parties will modify the agreement in good time on the basis of mutual consultation. If the nature, scope or content of the agreement is changed at the request or instruction of the Customer, the competent authorities, etc. or otherwise, and the agreement is therefore modified from a quality and/or quantity perspective, this will have consequences for that which was originally agreed between the Parties. As a result the amount originally agreed between the Parties may be increased or reduced. In such an instance Kingcanary will issue a quotation in advance wherever possible.
4.5 Due to a change to the agreement as described in Article 4.4, the execution deadline originally stated may also be changed. The Customer accepts the fact that the agreement may be changed in connection with this, including a change in price and period of execution. Kingcanary can, without being guilty of default, refuse a request to modify the agreement if this could have a consequence, from the quality and/or quantity perspective, for example for the work being carried out, or the goods being delivered, within that framework.
Execution of the assignment. 2.1. Main Contractor may give instructions as to the manner in which Supplier will execute the order. Main Contractor shall provide Supplier with all authority and information required for proper performance of the order. Contractor undertakes to perform this work to the best of his knowledge and ability. Supplier shall schedule his work independently. To the extent necessary for optimum cooperation with others, coordination will take place with Main Contractor. If necessary for the work, Supplier shall comply with the working hours at Main Contractor.
2.3. Contractor shall conduct himself as a good contractor and perform the work in accordance with the law and social custom. In performing the agreed work, Contractor shall be completely independent and shall perform the agreed work at his own discretion and without the supervision or direction of Principal.
Execution of the assignment. 5.1 Contractor shall execute the assignment in accordance with the Agreement, unless instructed otherwise.
5.2 Work and services are performed by Contractor on the basis of an obligation of effort (inspanningsverplichting). Contractor will never be liable for the result.
5.3 An execution period included in the (order) confirmation is not a fixed (final) term for fulfilment of the assignment. Client cannot derive any rights from that term.
5.4 If and to the extent required for a proper execution of the Agreement, Contractor is entitled to have certain work performed by third parties.
5.5 With regard to contact with third parties of any nature or content whatsoever, Contractor only undertakes to make a certain effort. Contractor is never liable for the result.
5.6 Client indemnifies Contractor against any claims from third parties who suffer damages in connection with the execution of the Agreement, the cause of which can be attributed to others than Contractor.
Execution of the assignment. 1. All services provided by XxX Tax are performed to the best of its knowledge and ability in accordance with high standards. The intended work is subject to a best efforts obligation on the part of XxX Tax, unless explicitly stipulated otherwise.
2. XxX Tax will keep a working file on the assignment containing copies of relevant documents, which file will be the property of XxX Tax.
3. The Client shall ensure that all data and documents XxX Tax deems necessary for the correct and timely execution of the assignment are made available to XxX Tax in time and in the form and manner XxX Tax desires.
4. Unless the nature of the assignment dictates otherwise, the Client is responsible for the correctness, completeness and reliability of the data and documents made available to XxX Tax, even if they originate with or are received from third parties.
5. The extra costs and extra fees resulting from a delay in the execution of the assignment due to the fact that the requested data and/or documents were not, not timely or not properly supplied shall be borne by the Client. If the assignment is entered into on a no cure no pay basis and this assignment cannot be completed (in full) because the requested data and/or documents have not been made available or have not been made available in good time or properly, the success fee will be charged to the Client immediately and in full.
6. The Client shall ensure that XxX Tax is immediately informed about facts and circumstances that may be of importance for the correct execution of the assignment. If the assignment is entered into on a no cure no pay basis, these facts and circumstances may lead to a different assignment and/or to a situation in which XxX Tax can no longer successfully complete the assignment, this at the discretion of XxX Tax. This will in any case include the scenario where the board and/or the shareholders of the Client have in fact ceased to function as a unit, inter alia as a result of disputes between them. In that case the success fee will be charged immediately and in full by XxX Tax.
7. If the Client works out (parts of) the assignment itself, XxX Tax remains entitled to charge the full success fee, if it concerns an assignment on a no cure no pay basis.
8. During the execution of the assignment the Client and XxX Tax shall communicate with each other, inter alia, by means of electronic data interchange. The Client and XxX Tax hereby agree that they will not be liable to each other for any damage ...
Execution of the assignment. 3.1. The Contractor accepts the assignment and thereby takes full responsibility for properly executing the agreed tasks. The Contractor organizes his/her work independently. However, coordination with the Client is necessary to the extent required for the execution of the assignment, especially in cases of collaboration with others, to ensure optimal progress. If necessary for the tasks, the Contractor adheres to the working hours of the Client and/or the Third Party.
3.2. The Third Party, in consultation with the Client, provides the Contractor with all authority and information necessary for the proper execution of the assignment.
3.3. The Contractor independently performs the agreed tasks. He/she carries out the agreed tasks at his/her own discretion and without supervision or direction from the Client and/or the Third Party. However, the Client and/or the Third Party may give instructions regarding the assignment's outcome.
Execution of the assignment. 1. aternio finance shall make every effort to carry out the Assignment with the required precision and expertise. The Assignment requires a commitment by aternio finance.
2. aternio finance shall determine the manner in which and the person by whom the Assignment is carried out. If the Agreement sets forth specific persons to perform the Tasks, aternio finance has the right to replace those persons with persons of equal or comparable expertise.
3. If the Client wishes to involve third parties in the execution of the Assignment, he will only be able to do so after having reached agreement on this with aternio finance, as the direct or indirect involvement of a third party in the execution of the Assignment could have significant influence on aternio finance’s ability to carry out the Assignment correctly.
4. If it is agreed that the Tasks will be executed in phases, aternio finance has the right to postpone the start of those Assignments belonging to a subsequent phase, until the Client has accepted the results of the previous phase in writing and has made all thereto belonging payments. If Client owes an advance or is required to provide information necessary for execution of the Assignment, then the period in which tasks are to be completed shall not commence until said advance has been received in full by aternio finance or until aternio finance has been provided with all of the necessary information, respectively.
5. Given that the duration of the Assignment may be influenced by a number of factors, such as the quality of the information provided and the cooperation offered by the Client, the dates by which the work must be completed shall only be regarded as deadlines in the event that this was explicitly agreed to. Client may not terminate the contract due to aternio finance’s exceedance of a deadline or otherwise agreed to date. Likewise, aternio finance carries no liability for exceeding a deadline or otherwise agreed to date.
6. If aternio finance provides services or other performances outside of the content or scope of the Agreement, upon request or with prior approval of the Client, Client shall be responsible for payment of these services or performances per aternio finance’s usual hourly rate.
7. Execution of the agreement is not specifically aimed at the discovery of fraud, unless a different agreement is explicitly made, in writing. If the Tasks do signal fraud, aternio finance shall abide by all applicable laws and regulations. Any costs as...
Execution of the assignment. 5.1 ARC People will produce a written description of the relevant vacancy at the Client, either in the form of a job description, or as part of the Confirmation of Assignment. Preferably, and if possible, this will include the following: the duties and responsibilities of the position, the desired profile of the ideal candidate in terms of knowledge and skills, the conditions under which the Assignment is agreed and the criteria that will be applied in selecting a candidate.
5.2 ARC People will endeavour to introduce one or more candidates who fit the desired profile for the vacancy.
5.3 ARC People will ensure a thorough execution of the Assignment. Introductions will be made to best of ARC People’s knowledge and according to industry best-practice.
5.4 If parties have agreed a term within which the Assignment will be completed, then this agreement shall be considered as indicative. ARC People do not accept any kind of liability in this regard.
5.5 ARC People are not responsible for the information and data provided by the Client in relation to the Assignment; ARC People work on the assumption that the information and data provided are correct.
5.6 ARC People work on the assumption that the information and data provided by the candidate about him- or herself, or that have been provided by means of references, are correct.
5.7 ARC People will appraise candidates in an impartial manner.
Execution of the assignment. 4.1 Solely CBRE shall operate as contracting agent vis-à-vis the Client. The provisions of Sections 7:404 and 7:407(2) of the Civil Code shall not apply.
4.2 CBRE undertakes to execute the Assignment to which it consents to the best of its ability with due observance of the Client’s legitimate interests but shall not guarantee the achievement of any result that is envisaged.
4.3 CBRE may engage one (1) or more persons who are not directly or indirectly associated with it for the purposes of executing the Assignment. CBRE may only be held culpable for any shortcoming on the part of such person, if the Client can provide evidence that CBRE failed to exercise due care when selecting such person.
4.4 Throughout the term of the Assignment the Client concerned shall refrain from any activity which could impede and/or pose an obstacle to its proper execution.
4.5 The Client shall have a duty to cooperate with CBRE and to ensure the timely supply of any information which is or may be necessary for CBRE to execute the Assignment properly and expeditiously.
4.6 The Client shall be responsible for ensuring that any information or document supplied to CBRE is accurate, complete and reliable, even if it has been sourced from or through some other party. CBRE shall assume that any information which is supplied to it by or on behalf of the Client or which it obtains in relation to the execution of the Assignment in some other way, is correct and complete.
4.7 Except if stipulated otherwise in writing in the Assignment Confirmation, the Client shall not be permitted to engage any other party for the same or similar purposes in relation to the immovable property to which the Assignment concerned applies throughout the term of the Assignment.
Execution of the assignment. 9.1 The Assignment will be executed, by or on behalf of Copper8, utilising best insights and ability, and in accordance with the requirements of professionalism and good workmanship.
9.2 The obligation to execute an Assignment is a best-efforts based obligation, so the achievement of the envisaged result is explicitly not guaranteed.
9.3 There is only an obligation to achieve or create a result if, prior to the acceptance of the Agreement, Copper8 and the Client explicitly reach consensus in writing on the result to be achieved and the Parties agree that the description of the result to be achieved is unambiguous and the result can be objectively identified or measured. If the foregoing conditions are not met, Copper8 will never have the obligation to achieve a result. The same applies if the result is not achieved through causes outside of Copper8’s sphere of influence.
9.4 Copper8 is at all times free to replace third parties or employees it engages for execution of the Assignment. If the Client requests individuals engaged by Copper8 to be replaced, Copper8 will comply if reasonable and possible. In both situations, replacement may not reduce the quality of the activities to be performed within the scope of the Assignment nor unfavourably affect the continuity of the Assignment.
9.5 Without prejudice to the previous provisions, any decisions on the engagement of third parties for execution of the Assignment will be taken upon deliberation between parties.
9.6 The Client is aware that the scheduling and costs of the Assignment may change if Parties agree to expand or change the approach, method or scope of the Assignment or the organisational consultancy activities, in the interim.
9.7 If a change or adjustment to the Assignment or its execution is necessary due to acts or omissions by the Client, Copper8 will make the necessary changes if so necessitated for the quality of the services. If such a change leads to additional work, this will be confirmed by the Client as an Assignment within a period of no more than five (5) working days. If the Client fails to provide that confirmation, Copper8 will be authorised to suspend the performance of the agreement or immediately terminate it without any intervention of the courts and without being held liable by the Client for any damages or be required to pay any damages.
