General Obligations of the Contractor. (a) This Agreement incorporates by reference as if set forth herein the Contractor’s proposal dated May 21, 2018 and August 28, 2018 and any subsequently submitted documents, communications and representations (“Proposal Documents”) utilized by HTFC in evaluating the Contractor for award of this Agreement.
(b) This Agreement sets forth the general terms and conditions governing the entire Scope of Services (Exhibit A) that HTFC may seek and the actual Services obligated by HTFC pursuant to a properly executed Task Order. This Agreement alone does not obligate compensation to be paid by HTFC or Services to be performed by the Contractor. Services and compensation for such Services shall only be obliged upon the proper and complete execution of a Task Order.
(c) The Contractor shall thoroughly familiarize itself with the nature and scope of the Scope of Services under this Agreement and with matters which may affect this Scope of Services, including the Law governing the Scope of Services and this Agreement. “Law” means all existing and future federal, state, and local statutes, laws, codes, ordinances, decrees, rules, regulations, requirements, required permits and licenses, and orders, of any governmental authority, entity, or agency whether federal, state, municipal, local, or other government body or subdivision, including the regulations governing CDBG-DR funds and the requirements for contracting with the State of New York. Some, but not all, of the requirements are incorporated by references in Appendix I – III. Any failure by the Contractor to thoroughly familiarize itself with and understand such matters shall not relieve the Contractor of its obligations under this Agreement or any Task Order hereunder.
General Obligations of the Contractor. 3.1 The Contractor shall, with due care and diligence, execute and maintain the Works and provide all labor, materials, equipment, transportation and other facilities necessary to substantially complete the Works by the Substantial Completion Date, and in accordance with the Contract Documents and the standards defined by this Contract.
3.2 The Contractor shall take full responsibility for the adequacy, stability and safety of all Site operations and methods of construction and for security of the Site itself, including the security of all Materials stored or used on the Site.
3.3 The Contractor shall submit material samples, and relevant information, in sufficient time for the UNICEF to complete review of samples. Each sample shall be labeled as to origin and intended use in the Works. All materials used in the course of these Works shall be new and proper for their use. No reusable materials coming from the Site shall be used unless permitted by the UNICEF. Other materials shall be stored on Site until the end of the Works. All materials, equipment and products shall be installed in accordance with the written recommendations of the manufacturer.
3.4 The Contractor shall not permit any laborer's, mechanic's or other similar lien (hereinafter, referred collectively, as "Lien") to be filed or otherwise imposed on any part of the Works, or the premises of UNICEF. If any Lien is filed or otherwise imposed, and if the Contractor does not cause such Lien to be released and discharged forthwith, or file a bond in lieu thereof, UNICEF shall have the right, but not the obligation, to pay all sums necessary to obtain such release and discharge, and to deduct all amounts so paid from moneys otherwise due the Contractor.
3.5 When required, the Contractor shall cooperate and share the Site with other contractors and public authorities.
3.6 The Contractor shall take full responsibility for the care of the Works and the materials and plant for incorporation in the Works from the commencement date of the Contract until the issuance of the Certificate of Substantial Completion by UNICEF, and UNICEF taking the facilities into use. Provided that the Contractor shall retain full responsibility for any outstanding part of the Works, materials or plant which the Contractor requires during the period necessary to complete the Defects Liability Period obligations.
3.7 The Contractor shall hand over the Operations and Maintenance manual as part of Annex I of Form of Contract and...
General Obligations of the Contractor. 8.1. The Contractor shall –
(a) respond promptly to all complaints and enquiries from TPT;
(b) conduct its business in a professional manner that will reflect positively upon the Contractor and the Contractor’s Services;
(c) keep full records clearly indicating any or all transactions concluded by the Contractor relating to the execution of the Services and keep such records for at least 5 (five) years from the date of each such transaction;
(d) obtain, and at all times maintain in full force and effect, any and all licenses, permits and the like required under applicable laws for the execution of the Services and the conduct of the business and activities of the Contractor;
(e) demonstrate sound environmental performance and have an environmental management policy; and
(f) inform TPT immediately of any dispute or complaint arising in relation to the execution of the Service.
8.2. The Contractor acknowledges and agrees that it shall at all times -
(a) render the Service(s) and perform all its duties with honesty and integrity;
(b) communicate openly and honestly with TPT and demonstrate a commitment to performing the Services timeously, efficiently and to the required standards;
(c) Endeavour to provide the highest possible standards of Service and professionalism, with a reasonable degree of care and diligence;
(d) use its best endeavors and make every diligent effort to meet agreed deadlines;
(e) treat its own Personnel, as well as all TPT officers, employees, agents and consultants, with fairness and courtesy and respect for their human rights;
(f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination (clause 20 refers – EQUALITY AND DIVERSITY);
(g) treat all enquiries from TPT in connection with the execution of the Services with courtesy and respond to all enquiries promptly and efficiently. Where the Contractor is unable to comply with the provisions of this clause, the Contractor will advise TPT of the delay and the reasons therefore and will keep TPT informed of progress made regarding the enquiry;
(h) when requested by TPT, provide clear and accurate information regarding the Contractor's own policies and procedures, excluding trade secrets and other Confidential Information;
(i) not allow a conflict of interest to develop between its own interests (or the interests of any of its other customers) and the interests of TPT;
(j) not accept or offer, nor allow, induce or promote the acceptance or offe...
General Obligations of the Contractor. The Contractor shall upon the execution of the agreement;
4.1 Carry out, superintend upon and complete the Works and rectify any defects appearing therein in accordance with the contract and to the reasonable satisfaction of the Architect, unless it is legally or physically impossible to do so.
4.2 Give a written notice to the Architect specifying any discrepancy, ambiguity or divergence in these conditions, the contract drawings, the contract bills or specifications immediately such discrepancy or divergence is detected. The Architect shall thereupon issue instructions in
4.3 Notwithstanding any obligation of the Architect to the Employer and whether or not the Employer appoints a Clerk of Works, the Contractor shall remain wholly responsible for carrying out and completing the Works in all respects in accordance with the contract and whether or not the Architect or the Clerk of Works, if appointed, at any time goes on to the Works or to any workshop or other places where work is being prepared to inspect or approve the same or otherwise.
General Obligations of the Contractor. The Contractor shall perform the Services set forth in this Contract The Contractor, being aware of the applicable penalties under civil and criminal law and the security concerns of the Owner, agrees to keep confidential all aspects of the Service in relation to third parties, except those third parties involved in the performance of the Services. The Contractor agrees not to assign to third parties, individuals or entities, its rights and obligations under the Contract and any amendment or modifications to the Contract, or its rights of collection for the Services rendered under the Contract, without prior express and written consent by the Owner. The Contractor must obtain all necessary licenses and permits from the relevant federal, state and municipal authorities for the Services, with no costs or expense to the Owner. It will be the exclusive responsibility of the Contractor to provide the necessary labor for the performance of the Services, including the supply of tools, equipment, as well as providing orientation and technical supervision. The Contractor shall maintain good order and discipline among its employees engaged for the Services and shall hire skilled employees to perform the Services. The Contractor shall maintain a record of shop drawings and submittals and copies of shop drawings and submittals supplied. If the Contractor encounters toxic or hazardous substances or materials at the Property or has reasonable grounds to believe that toxic or hazardous substances or materials are present at the Property, the Contractor shall take all reasonable steps to ensure that no person suffers injury, sickness or death and that no property is damaged or destroyed as a result of exposure to or the presence of the substances or materials and immediately report the circumstances to the Owner in writing. The Contractor agrees to abide, for the validity of this Contract, to all the requirements specified in Request for Proposal 02/2023. The Contractor shall not hire any employee of the United States Government that results in a conflict of interest. All Contractor employees, including supervisors, shall present a neat appearance and wear appropriate uniforms. Contractor shall determine and provide additional personal protective equipment required for the safe performance of Services, and protective clothing, equipment and devices shall, at a minimum, conform to Occupational Safety and Health Administration (OSHA) standards for the products being used. T...
General Obligations of the Contractor. To express the first sentence of the first paragraph of this Subparagraph in the following wording: “The Contractor shall design, perform and complete the Works in accordance with the Contract, including construction design supervision, and shall eliminate any defects in the Works. The Contractor shall only be entitled to perform the Construction Works after all the project documentation has been developed for the specific Construction Works.” To add18 eight new paragraphs to the Sub-Clause as follows: “The Contractor shall have an obligation to ensure that throughout the whole validity period of the Contract the Contractor and its Subcontractors comply with all requirements set forth in regulatory enactments, the Procurement Documentation of Works or the Contract and necessary for the performance of the Works specified in the Contract (including, but not limited to, in relation to registration of the Contractor, its Subcontractor and other merchants or specialists involved in the performance of the Works in the Register of Construction Merchants in the areas and spheres necessary for the fulfilment of the Contract, their compliance with the qualification requirements specified in the Procurement of Works). In the case if the Contractor is a general partnership, the provisions of this Clause shall apply both to the Contractor and to all members of the Contractor.
General Obligations of the Contractor. 1. The Contractor’s staff shall be led by Xx. Xxxxx Xxxxxx.
2. The Contractor holds all public permits required under applicable law for the performance of the Contractual Services under this Agreement.
General Obligations of the Contractor. The Contractor shall at all times during the Term ensure that:
(a) the Services are undertaken and completed:
(i) in an efficient and xxxxxxx-like manner;
(ii) in compliance with the reasonable instructions given by the Customer in respect of the relevant Services;
(iii) on or before the due time and date agreed with the Customer in respect of the relevant Services;
(iv) in compliance with all legal and ethical requirements;
(i) licences that are required in respect of the Services to be carried out and completed in relation to the Sites; and
(d) it is authorised and trained to operate vehicles, machinery and equipment required to carry out the Services;
(e) in performing its obligations under and in connection with this Agreement, it complies with:
(i) relevant legislation and other laws in relation to the provision of the Services, including the rules, regulations or by-laws of any lawful authority; and
(ii) the conditions of all consents, permits, licences and concessions held by the Contractor in relation to the Services.
General Obligations of the Contractor. (1) The Contractor shall process personal data exclusively within the scope of the agreements made with and/or in compliance with any supplementary instructions issued by the Client, whichever applies. Exceptions may arise if and when legal regulations oblige the Contractor to process the data in a different way. In such a case, the Contractor shall notify the Client of these legal requirements prior to the processing, provided that the relevant law does not prohibit such notification due to important public interest. The purpose, type and scope of data processing shall otherwise be governed exclusively by this Contract and/or the Client's instructions. The Contractor is not allowed to process the data in any other way unless the Client has consented to this in writing.
(2) The Contractor shall, as a matter of principle, process the data sent by the Client only in member states of the European Union (EU) or in the European Economic Area (EEA). The Contractor shall also be permitted to process data outside the EU or EEA, if corresponding subcontractors in the chosen country work in compliance with the requirements of Section 9 and if the requirements of Art. 44-48 DSGVO are met or if an exception as defined in Art. 49 DSGVO is in place.
(3) The Contractor shall inform the Client without delay if an instruction issued by the Client is believed to violate statutory regulations. The Contractor shall be entitled to suspend the implementation of the instruction in question until it is confirmed or amended by the Client. Should the Contractor be able to demonstrate that further processing in accordance with the Client's instructions may lead to legal liability on the part of the Contractor pursuant to Art. 82 of the GDPR, the Contractor shall have the right to suspend further processing until the liability between the parties has been clarified.
(4) The Contractor may give to the Client the names of the person(s) authorized to receive instructions from the Client. If persons authorized to receive instructions are to be named at all, they shall be named in Annex 1. In the event of a change in personnel authorized to receive instructions on behalf of the Contractor, the Contractor shall inform the Client thereof in writing. QM Software GmbH Xxxxxxxxxxxxxxxx 000 66955 Pirmasens, DE Fon: +00 000 000 000 00 Mail: xxxx@xxxxxx.xxx Web: xxxxxx.xxx Bank 1 Saar eG IBAN: XX00 0000 0000 0000 0000 01 BIC: XXXXXX0XXXX Regional court: Munich, DE Registration number: HRB 284652 ...
General Obligations of the Contractor. The Contractor will accept the prices specified in this contract and in the proposal in full compensation and satisfaction for the performance of this contract and as consideration of this contract. The Contractor shall be responsible for all loss and damages of every kind and nature which may arise out of or on account of the performance of the work required by this contract, and for all risks of every description connected with the said work; and the Contractor shall be responsible for well and faithfully completing the whole work according to the plans and specifications and the terms and conditions of this contract.
