General Obligations of the Contractor. (a) This Agreement incorporates by reference as if set forth herein the Contractor’s proposal dated August 26, 2014 and any subsequently submitted documents, communications and representations (“Proposal Documents”) utilized by HTFC/GOSR 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/GOSR 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 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 and/or deliver the Work in accordance with the Agreement and shall:
a) procure that the Work is performed and/or delivered in a professional, efficient and workmanlike manner, in accordance with good industry standards of care and diligence, and in compliance with the Applicable Laws;
b) in the performance and/or delivery of the Work use only qualified, skilled and experienced persons, check their identity, and keep proper registers hereof and of their contractual terms and hours worked;
c) procure that all equipment, tools, materials, Goods and Rentals provided under or used for the Agreement shall be suitable for the Work, free from defects, manufactured in accordance with the highest industry standards, properly maintained, in conformity with Applicable Laws and industry practice and not known within the Contractor’s trade to be deleterious;
d) procure that the Work and any part of it shall, to Contractor’s best knowledge, be fit for the purposes of the Company;
e) procure that all materials provided by the Company to the Contractor shall be used, handled, maintained and stored properly and with due care;
f) provide to the Company all drawings, certificates and other documentation as reasonably required for (the usage of) the Work;
g) have and maintain adequate resources (including financial resources) to properly carry out and/or deliver the Work at all times;
h) comply with the Company’s rules, policies, procedures and directions on all matters relating to the Work as provided by the Company (and requested by the Contractor) and as referred to in Paragraph 18.2;
i) for (any part of the) Work performed and/or sent and/or delivered offshore, familiarise itself with and comply with the applicable NOGEPA, transporter and (heli)port rules and guidelines;
j) check the Company Technical Information and advise the Company of any matter therein which the Contractor deems inadequate, erroneous, incomplete or inconsistent and procure that the matter is properly clarified and if necessary, the Company Technical Information is supplemented;
k) have satisfied itself and continue to satisfy itself on all matters which could affect progress or performance and/or delivery of the Work and keep the Company appropriately informed; and
l) promptly notify the Company of any actual or anticipated delay in delivery or in meeting any milestone date and take all reasonable steps to avoid or mitigate delays, at no additional cost to the Company and ...
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. (1) The Contractor processes personal data exclusively within the scope of the agreements made and/or in compliance with any additional instructions given by the Client. Exceptions to this are legal regulations which may oblige the Contractor to process the goods elsewhere. In such a case, the Contractor shall notify the Client of these legal requirements prior to processing, unless the law in question prohibits such notification for reasons of substantial public interest. The purpose, type and scope of data processing are otherwise based exclusively on this Agreement and/or the instructions of the Client. Any processing of data by the Contractor that deviates from this is prohibited, unless the Client has agreed to the same in writing.
(2) The Contractor undertakes to carry out the contract data processing only in mem- ber states of the European Union (EU) or the European Economic Area (EEA).
(3) The Contractor guarantees that all agreed measures relating to the processing of personal data in accordance with the order shall be processed in a contractually compliant way.
(4) The Contractor is obliged to design its company and operating processes such that the data, which it processes on behalf of the Client, are protected to the required extent and that any unauthorised access by third parties is prevented. The Contractor shall agree any changes in the organisation of the contract data processing which impact on the security of the data with the Client in advance.
(5) The Contractor shall inform the Client immediately if it considers that any instruc- tions given by the Client violate legal regulations. The Contractor is entitled to sus- pend the execution of the relevant instruction until confirmed or changed by the Cli- ent. If the Contractor can demonstrate that processing in accordance with the instruc- tions of the Client may render the Contractor liable pursuant to Art. 82 GDPR, the Contractor shall have the right to suspend further processing in this respect until the liability between the parties has been clarified.
(6) The processing of data on behalf of the Client outside the Contractor's or subcon- tractors' premises is only permitted with the consent of the Client in writing or in text form. The processing of data on behalf of the Client within private residences is only permitted with the consent of the Client in writing or in text form.
(7) The Contractor shall process the data that it processes on behalf of the Client separately from other d...
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. (1) The Contractor warrants and undertakes:
(a) to treat as confidential all Partner Organisation Personal Data which may be derived from or obtained in the course of the agreement or which may come into the possession of Humber Teaching NHS Foundation Trust or any Staff as a result of or in connection with the agreement; and
(b) to provide all necessary precautions to ensure that all Partner Organisation Personal Data is treated as confidential by Humber Teaching NHS Foundation Trust or any Staff; and
(c) to make sure Partner Organisation Personal Data is only disclosed to persons specified by the Partner Organisation; and
(d) to allow access to any Partner Organisation Personal Data provided by the Partner Organisation only to persons who are involved in the provision of this agreement; and
(e) to notify the Partner Organisation if any unauthorised use or disclosure of the data is made. This includes reporting of any incidents, their causes and resolving actions to the Partner Organisation.
(2) Humber Teaching NHS Foundation Trust shall comply at all times with the Data Protection Legislation and shall not perform its obligations under this contact in such a way as to cause the Partner Organisation to breach any of its applicable obligations under the Data Protection Legislation.
General Obligations of the Contractor. (1) The Contractor warrants and undertakes:
(a) to treat as confidential all Partner Organisation Personal Data which may be derived from or obtained in the course of the contract or which may come into the possession of LTHTrust or any Staff as a result of or in connection with the contract; and
(b) to provide all necessary precautions to ensure that all Partner Organisation Personal Data is treated as confidential by LTHTrust or any Staff; and
(c) to make sure Partner Organisation Personal Data is only disclosed to persons specified by the Partner Organisation; and
(d) to allow access to any Partner Organisation Personal Data provided by the Partner Organisation only to persons who are involved in the provision of this contract; and
(e) to notify the Partner Organisation if any unauthorised use or disclosure of the data is made. This includes reporting of any incidents, their causes and resolving actions to the Partner Organisation.
(2) LTHTrust shall comply at all times with the Data Protection Legislation and shall not perform its obligations under this contact in such a way as to cause the Partner Organisation to breach any of its applicable obligations under the Data Protection Legislation.
