Common use of Obligations of the Provider Clause in Contracts

Obligations of the Provider. 3.1 The Provider hereby warrants and undertakes: a) to supply the Products with due care and skill and act in good faith at all times; b) to authorise the Company to promote and market the Products at the prices advertised by the Company and to retain the difference between the Selling Price and the Remitted Amount as commission on the Extranet; c) that all personnel provided or used by the Provider shall be appropriately qualified, experienced and competent in providing the Products and shall act in a courteous manner at all times; d) to ensure that at all times any and all of its chosen third party suppliers, agents, employees and sub-contractors comply in full with the Provider’s obligations pursuant to this Agreement; e) that the Products will at all times be of a high standard of cleanliness, in full working order and safe for occupation and fit for purpose and maintained and operated at all times in accordance with any of the Company’s guidelines as amended from time to time; f) to ensure that the Products are safe for use by the Customers and that no Customer suffers any damage or injury of any nature as a result of the use of the Products; g) that the Products supplied comply at all times with all Applicable Laws, including those relating to the transportation of Customers and safety and other standards applicable to the Products provided and will at all times maintain and enforce the appropriate certificates and/or licences relating to such compliance; h) to comply (and ensure that each of its Providers and subcontractors shall comply) with all Applicable Laws and any related policies implemented by the Company; i) to adhere at all times to the Health and Safety Guidelines stipulated by the Company from time to time and the Provider hereby warrants that any third parties used by the Provider shall comply with the Health and Safety Guidelines (the Provider shall provide copies of any health and safety audits immediately upon request); j) that in the event that any Customer requires medical treatment and/or hospitalisation or otherwise requires immediate assistance for a welfare, safety or security issue while in the care of the Provider, the Provider shall ensure the Customer receives prompt and proper help, treatment and/or other appropriate assistance and shall inform the Company immediately; k) to immediately inform the Company if any issues arise relating to any Products, Customers, Providers, servants or agents, which may pose an actual or potential hazard, or which could result in a potential claim against the Company or its Business Customers; l) to keep the Company fully informed on any quality issues arising in respect of any facilities, or Products provided by the Provider or associated third parties to the Company, its Customers, employees, servants or agents; m) that no changes will be made to the Products except as provided for within this Agreement; n) that, except for any tax that is payable directly by a Customer (which may be set out in the Special Terms), the rates on the Extranet are inclusive of all taxes, charges (including bank charges), duties, fees and other applicable sums relating to the Products which shall be payable by the Provider, and the same shall be paid promptly upon becoming due. If necessary, the Company shall provide any relevant information to the Provider to enable the Provider to comply with this clause; and o) to comply with the Service Levels set out in Schedule 1. p) to make available accurate and complete information on the Products via the Extranet at all times, including but not limited to information relating to meal plans, any board basis inclusions or exclusions and all mandatory fees, including but not limited to any government imposed taxes in relation to the to the Products that the Customer is obliged to pay directly to the Provider. The Provider remains responsible at all times for the information it has provided on the Extranet. q) to complete all requested health & safety self-assessment checklists provided by the Company or an appointed external auditor and enable the Company or such auditor to conduct a comprehensive health and safety on-site audit as and when requested with reasonable notice. 3.2 The Provider shall immediately notify the Company in writing in the event that there is a breach of clause 3.1. 3.3 The Provider will allow the Company, its Business Customers and their representatives access during normal working hours to inspect the Products. 3.4 The Provider shall notify the Company in writing immediately if there are any changes to the provision or standards of the Products and update the information on the Extranet as soon as possible in relation to the relevant Product if required by the Company. 3.5 The Provider warrants that all descriptions of the Products made available on the Extranet are accurate and complete. The Provider will, throughout the Term, continuously monitor and update the information on the Extranet in relation to the Products to ensure that detailed and accurate descriptions of the Products (including details of any facilities and services associated with the Products) are maintained at all times. 3.6 The Provider will provide the Company with copies of all relevant certificates, licences or other relevant information pursuant to clause 3.1(g), prior to the commencement of this Agreement. If sufficient evidence is not provided by the Provider within fourteen (14) days of the date of this Agreement, the Company may terminate this Agreement without liability. The Provider warrants that all such information is up-to- date and complies with the applicable national, local, trade and other laws and regulations. The Provider shall notify the Company in writing immediately of any changes to such information and shall provide updated copies of any relevant certificates or licenses. 3.7 The Provider will provide the Company with all other relevant information and/or documentation, as requested by the Company from time to time, within seven (7) days of the request being made or sooner as reasonably required by the Company. 3.8 The Provider shall update the Product information on the Extranet with any changes to the Products or circumstances affecting the Products including but not limited to: alterations, building work (whether to the Product or surrounding properties), deficiencies, unavailability, whether temporary or otherwise, within twenty four (24) hours of being aware of the change, or sooner where the circumstances require.

Obligations of the Provider. 3.1 3.1. The Provider hereby warrants and undertakes: a) to supply the Products with due care and skill and act in good faith at all times; b) to authorise the Company to promote and market the Products at the prices advertised by the Company and to retain the difference between the Selling Price and the Remitted Amount Rate as commission on the Extranetcommission; c) that all personnel provided or used by the Provider shall be appropriately qualified, experienced and competent in providing the Products and shall act in a courteous manner at all times; d) to ensure that at all times any and all of its chosen third party suppliers, agents, employees and sub-sub- contractors comply in full with the Provider’s obligations pursuant to this Ground Services Agreement; e) that the Products will at all times be of a high standard of cleanliness, in full working order and safe for occupation and fit for purpose and maintained and operated at all times in accordance with any of the Company’s guidelines as amended from time to time; f) to ensure that the Products are safe for use by the Customers and that no Customer suffers any damage or injury of any nature as a result of the use or Fulfilment of the Products; g) that the Products supplied comply at all times with all Applicable Laws, Laws including those relating to the transportation of Customers and other safety and other standards applicable to the Products provided and will at all times maintain and enforce the appropriate certificates and/or licences relating to such compliance; h) to comply (and ensure that each of its Providers suppliers and subcontractors shall comply) with all Applicable Laws Laws, Mandatory Policies, and any related policies implemented by the Company; i) to adhere (and ensure that any third parties used by the Provider adhere) at all times to the Health and Safety Guidelines stipulated by the Company from time to time and the Provider hereby warrants that any third parties used by the Provider shall comply with the Health and Safety Guidelines (the Provider shall provide copies of any health and safety audits immediately upon request); j) that in the event that any Customer requires medical treatment and/or hospitalisation or otherwise requires immediate assistance for a welfare, safety or security issue while in the care of the Provider, the Provider shall ensure the Customer receives prompt and proper help, treatment and/or other appropriate assistance and shall inform the Company immediately; k) to immediately inform the Company if any issues arise relating to any Products, Customers, Providerssuppliers, servants or agents, which may pose an actual or potential hazard, or which could result in a potential claim against the Company or its Business Customers; l) to keep the Company fully informed on any quality issues arising in respect of any facilities, or Products provided by the Provider or associated third parties to the Company, its Customers, employees, servants or agents; m) that no changes will be made to the Products except as provided for within this Ground Services Agreement; n) that, except for any tax that is payable directly by a Customer (which may shall be set out in the Special TermsExtranet), the rates on the Extranet Rates are inclusive of all taxes, charges (including bank charges), duties, fees and other applicable sums relating to the Products Products, which shall be payable by the Provider, and the same shall be paid promptly upon becoming due. If necessary, the Company shall provide any relevant information to the Provider to enable the Provider to comply with this clause; and; o) to comply with the Service Levels set out in Schedule 1.. Ground Services Agreement General Terms (Extranet) v4.3 | Last updated 07/07/2021 p) to make available accurate and complete information on the Products via the Extranet at ensure that all times, including but not limited to information relating to meal plans, any board basis inclusions or exclusions and all mandatory additional fees, including but charges and other costs or, where those costs cannot limited to any government imposed taxes reasonably be calculated in relation to advance of the to conclusion of the Products that contract between the Company or the Business Customer and the Customer, an indication of the type of additional costs which the Customer is obliged may still have to pay directly to the Provider, are set out on the Extranet. The For clarity, the Provider remains responsible at all times for the information it has provided on the Extranet. ; q) to inform the Company whether the Product is generally suitable for persons with reduced mobility and, promptly (within a maximum of 24 hours) upon the Company’s request, provide to the Company precise information on the suitability of the Product, taking into account a specific Customer’s needs; and r) to ensure that the Rates do not discriminate against Customers, for example based on a Customer’s nationality or race or (where the Provider is based in the EU) in any way in breach of Article 101 of the Treaty on the Functioning of the European Union; s) to complete all requested health & safety self-assessment checklists provided by the Company or an appointed external auditor and enable the Company or such auditor to conduct a comprehensive health and safety on-site audit as and when requested with reasonable notice; t) to continuously monitor and update the information on the Extranet in relation to the Products. 3.2 3.2. The Provider shall immediately notify the Company in writing in the event that there is a breach of clause 3.1. 3.3 3.3. The Provider will allow the Company, its Business Customers and their representatives access during normal working hours to inspect the Products. 3.4 The Provider shall notify the Company in writing immediately if there are any changes to the provision or standards of the Products and update the information on the Extranet as soon as possible in relation to the relevant Product if required by the Company. 3.5 The Provider warrants that all descriptions of the Products made available on the Extranet are accurate and complete3.4. The Provider will, throughout the Term, continuously monitor and update provide the information on the Extranet in relation to the Products to ensure that Company with detailed and accurate descriptions of the Products (including details of any facilities and services associated with the Products) . The Provider warrants that all such descriptions are maintained at all timesaccurate and correct and they shall inform the Company as soon as is reasonably possible of any subsequent changes. 3.6 3.5. The Provider will provide the Company with copies of all relevant certificates, licences or other relevant information pursuant to clause 3.1(g), prior to the commencement of this Ground Services Agreement. If sufficient evidence is not provided by the Provider within fourteen (14) days of the date of this Ground Services Agreement, the Company may terminate this Ground Services Agreement without liability. The Provider warrants that all such information is up-to- to-date and complies with the applicable national, local, trade and other laws and regulationsApplicable Laws. The Provider shall notify the Company in writing immediately of any changes to such information and shall provide updated copies of any relevant certificates or licenses. 3.7 3.6. The Provider will provide the Company with all other relevant information and/or documentation, as requested by the Company from time to time, within seven (7) days of the request being made or sooner as reasonably required by the Company. 3.8 3.7. The Provider shall update the Product information on the Extranet with any changes to the provision or standards of the Products or circumstances affecting the Products including but not limited to: alterations, building work (whether to the Product or surrounding properties), deficiencies, unavailability, whether temporary or otherwise, within twenty four (24) hours of being aware of the change, or sooner where the circumstances require.

Obligations of the Provider. 3.1 The Provider hereby warrants and undertakes: a) to supply the Products with due care and skill and act in good faith at all times; b) to authorise the Company to promote and market the Products at the prices advertised by the Company and to retain the difference between the Selling Price and the Remitted Amount as commission on the Extranetcommission; c) that all personnel provided or used by the Provider shall be appropriately qualified, experienced and competent in providing the Products and shall act in a courteous manner at all times; d) to ensure that at all times any and all of its chosen third party suppliers, agents, employees and sub-contractors comply in full with the Provider’s obligations pursuant to this Agreement; e) that the Products will at all times be of a high standard of cleanliness, in full working order and safe for occupation and fit for purpose and maintained and operated at all times in accordance with any of the Company’s guidelines as amended from time to time; f) to ensure that the safe use of the Products are safe for use by the Customers and that no Customer suffers any damage or injury of any nature as a result of the use of the Products; g) that the Products supplied comply at all times with all Applicable Lawsapplicable national, local, trade and other laws, regulations and codes of practice including those relating to the transportation of Customers and other safety and other standards applicable to the Products provided and will at all times maintain and enforce the appropriate certificates and/or licences relating to such compliance; h) to comply (and ensure that each of its Providers and subcontractors shall comply) with all Applicable Laws and any related policies implemented by the Company; i) to adhere at all times to the Health and Safety Guidelines stipulated by the Company from time to time and the Provider hereby warrants that any third parties used by the Provider shall comply with the Health and Safety Guidelines (the Provider shall provide copies of any health and safety audits immediately upon request); j) that in the event that any Customer requires medical treatment and/or hospitalisation or otherwise requires immediate assistance for a welfare, safety or security issue while in the care of the Provider, the Provider shall ensure the Customer receives prompt and proper help, treatment and/or other appropriate assistance and shall inform the Company immediately; k) to immediately inform the Company if any issues arise relating to any Products, Customers, Providers, servants or agents, which may pose an actual or potential hazard, or which could result in a potential claim against the Company or its Business Customers; l) to keep the Company fully informed on any quality issues arising in respect of any facilities, or Products provided by the Provider or associated third parties to the Company, its Customers, employees, servants or agents; m) that no changes will be made to the Products except as provided for within this Agreement; ; n) that, except for any tax that is payable directly by a Customer (which may be set out in the Special Terms)Customer, the rates on the Extranet are inclusive of all taxes, charges (including bank charges), duties, fees and other applicable sums relating to the Products which shall be payable by the Provider, and the same shall be paid promptly upon becoming due. If necessary, the Company shall provide any relevant information to the Provider to enable the Provider to comply with this clause; and o) to comply with the Service Levels set out in Schedule 1. p) to make available accurate and complete information on the Products via the Extranet at all times, including but not limited to information relating to meal plans, any board basis inclusions or exclusions and all mandatory fees, including but not limited to any government imposed taxes in relation to the to the Products that the Customer is obliged to pay directly to the Provider. The Provider remains responsible at all times for the information it has provided on the Extranet. q) to complete all requested health & safety self-assessment checklists provided by the Company or an appointed external auditor and enable the Company or such auditor to conduct a comprehensive health and safety on-site audit as and when requested with reasonable notice. 3.2 The Provider shall immediately notify the Company in writing in the event that there is a breach of clause 3.1. 3.3 The Provider will allow the Company, its Business Customers and their representatives representative’s access during normal working hours to inspect the Products. 3.4 The Provider shall notify the Company in writing immediately if there are any changes to the provision or standards of the Products and update the information on the Extranet as soon as possible in relation to the relevant Product if required by the CompanyProducts. 3.5 The Provider warrants that all descriptions of the Products made available on the Extranet are accurate and complete. The Provider will, throughout the Term, continuously monitor and update provide the information on the Extranet in relation to the Products to ensure that Company with detailed and accurate descriptions of the Products (including details of any facilities and services associated with the Products) . The Provider warrants that all such descriptions are maintained at all timesaccurate and correct and they shall inform the Company as soon as is reasonably possible of any subsequent changes. 3.6 The Provider will provide the Company with copies of all relevant certificates, licences or other relevant information pursuant to clause 3.1(g), prior to the commencement of this Agreement. If sufficient evidence is not provided by the Provider within fourteen (14) days of the date of this Agreement, the Company may terminate this Agreement without liability. The Provider warrants that all such information is up-to- to-date and complies with the applicable national, local, trade and other laws and regulations. The Provider shall notify the Company in writing immediately of any changes to such information and shall provide updated copies of any relevant certificates or licenses. 3.7 The Provider will provide the Company with all other relevant information and/or documentation, as requested by the Company from time to time, within seven (7) days of the request being made or sooner as reasonably required by the Company. 3.8 The Provider shall update notify the Product information on the Extranet with Company in writing of any changes to the Products or circumstances affecting the Products including but not limited to: alterations, building work (whether to the Product or surrounding properties), deficiencies, unavailability, whether temporary or otherwise, within twenty four (24) hours of being aware of the change, or sooner where the circumstances require. 3.9 The Provider shall respond within twenty four (24) hours to any “On Request” bookings made by the Company. For confirmed bookings which have been taken from the Company allocation for which the Company has advised its Customers that a confirmed booking is in place, the Provider shall acknowledge their confirmed status within twenty four (24) hours of being notified by the Company that the booking has been taken from the allocation. 3.10 In the event the Provider implements a Stop Sale it shall honour all existing Customer bookings and shall accept all Pipeline Bookings for a period of seventy two (72) hours following notification to the Company of the Stop Sale. In the event that any Stop Sale date is notified as being available at a higher rate, the Provider accepts that the Company shall use their best endeavours to adjust the selling price. Any consequent loss in revenue arising from rate adjustment should be borne by the Provider.

Obligations of the Provider. 3.1 In consideration of (a) the Contracting Authority agreeing to appoint the Provider to this Framework Agreement and (b) the Contracting Authority agreeing to pay £5 (five pounds) to the Provider on demand (such payment being refundable to the Contracting Authority on the Provider receiving any Order for such Goods and / or Service(s) and / or Licensed Materials from the Contracting Authority, Purchasing Authority or Beneficiary pursuant to this Framework Agreement) the Provider undertakes to supply such Goods and / or Service(s) and / or Licensed Materials, to such extent and at such times and locations as may be ordered pursuant to this Framework Agreement, in accordance with the terms of the Offer and the “Terms and Conditions of Contract”. The Provider hereby warrants will accept Orders pursuant to this Framework Agreement for Goods and undertakes: a/ or Service(s) and / or Licensed Materials from the Contracting Authority, the Purchasing Authority or any Beneficiary. The Provider shall enter into an Agreement with the Purchasing Authority or Beneficiary with each new Order, the Agreement between these Parties shall consist of the “Order Terms & Conditions” and any Annexes; the Licence Agreement(s) and any Appendices, specific to supply this Agreement. The Agreement shall not be valid unless signed by all relevant parties pursuant to the Products with due care Agreement. The Provider agrees that the “Terms and skill Conditions of Contract”, the “Order Terms & Conditions” and act in good faith at any Annexes; the Licence Agreement(s) and any Appendices, shall apply to all times; bsupplies of Goods and / or Service(s) to authorise the Company to promote and market the Products at the prices advertised by the Company and to retain the difference between the Selling Price and the Remitted Amount as commission on the Extranet; c) that all personnel provided / or used Licensed Materials made by the Provider shall be appropriately qualified, experienced and competent in providing to the Products and shall act in a courteous manner at all times; d) to ensure that at all times any and all of its chosen third party suppliers, agents, employees and sub-contractors comply in full with the Provider’s obligations Contracting Authority pursuant to this Framework Agreement; e. The Provider agrees that it will not in its dealings with any Purchasing Authority or any Beneficiary, seek to impose or rely on any other contractual terms which in any way vary or contradict this “Terms and Conditions of Contract for NICE Electronic and Print Content Framework Agreement” or the “Order Terms & Conditions” and any Annexes; and the Licence Agreement(s) that the Products will at all times be of a high standard of cleanlinessand any Appendices, specific to this Agreement. Other Providers, in full working order and safe for occupation and fit for purpose and maintained and operated at all times addition to the Provider, may have been awarded the right to participate in accordance with any of the Company’s guidelines as amended from time to time; f) to ensure that the Products are safe for use by the Customers and that no Customer suffers any damage or injury of any nature this Framework Agreement as a result of the use of procurement process. Accordingly, the Products; g) Provider acknowledges that the Products supplied comply at all times Contracting Authority, the Purchasing Authority or Beneficiary is under no obligation to place any, or any particular level or volume of Orders with all Applicable Laws, including those relating to the transportation of Customers and safety and other standards applicable to the Products provided and will at all times maintain and enforce the appropriate certificates and/or licences relating to such compliance; h) to comply (and ensure that each of its Providers and subcontractors shall comply) with all Applicable Laws and any related policies implemented by the Company; i) to adhere at all times to the Health and Safety Guidelines stipulated by the Company from time to time and the Provider hereby warrants under or pursuant to this Framework Agreement. The Provider accepts that any third parties used the Contracting Authority shall have no liability to it in respect of, or arising out of, the volume of Orders received by the Provider shall comply with during the Health and Safety Guidelines (the Provider shall provide copies of any health and safety audits immediately upon request); j) that in the event that any Customer requires medical treatment and/or hospitalisation or otherwise requires immediate assistance for a welfare, safety or security issue while in the care of the Provider, the Provider shall ensure the Customer receives prompt and proper help, treatment and/or other appropriate assistance and shall inform the Company immediately; k) to immediately inform the Company if any issues arise relating to any Products, Customers, Providers, servants or agents, which may pose an actual or potential hazard, or which could result in a potential claim against the Company or its Business Customers; l) to keep the Company fully informed on any quality issues arising in respect of any facilities, or Products provided by the Provider or associated third parties to the Company, its Customers, employees, servants or agents; m) that no changes will be made to the Products except as provided for within this Agreement; n) that, except for any tax that is payable directly by a Customer (which may be set out in the Special Terms), the rates on the Extranet are inclusive of all taxes, charges (including bank charges), duties, fees and other applicable sums relating to the Products which shall be payable by the Provider, and the same shall be paid promptly upon becoming due. If necessary, the Company shall provide any relevant information to the Provider to enable the Provider to comply with this clause; and o) to comply with the Service Levels set out in Schedule 1. p) to make available accurate and complete information on the Products via the Extranet at all times, including but not limited to information relating to meal plans, any board basis inclusions or exclusions and all mandatory fees, including but not limited to any government imposed taxes in relation to the to the Products that the Customer is obliged to pay directly to the Provider. The Provider remains responsible at all times for the information it has provided on the Extranet. q) to complete all requested health & safety self-assessment checklists provided by the Company or an appointed external auditor and enable the Company or such auditor to conduct a comprehensive health and safety on-site audit as and when requested with reasonable notice. 3.2 The Provider shall immediately notify the Company in writing in the event that there is a breach of clause 3.1. 3.3 The Provider will allow the Company, its Business Customers and their representatives access during normal working hours to inspect the Products. 3.4 The Provider shall notify the Company in writing immediately if there are any changes to the provision or standards of the Products and update the information on the Extranet as soon as possible in relation to the relevant Product if required by the Company. 3.5 The Provider warrants that all descriptions of the Products made available on the Extranet are accurate and complete. The Provider will, throughout the Term, continuously monitor and update the information on the Extranet in relation to the Products to ensure that detailed and accurate descriptions of the Products (including details of any facilities and services associated with the Products) are maintained at all times. 3.6 The Provider will provide the Company with copies of all relevant certificates, licences or other relevant information pursuant to clause 3.1(g), prior to the commencement continuance of this Framework Agreement. If sufficient evidence is not provided by the Provider within fourteen (14) days of the date of this Agreement, the Company may terminate this Agreement without liability. The Provider warrants that all such information is up-to- date and complies with the applicable national, local, trade and other laws and regulations. The Provider shall notify the Company in writing immediately of any changes to such information and shall provide updated copies of any relevant certificates or licenses. 3.7 The Provider will provide the Company with all other relevant information and/or documentation, as requested by the Company from time to time, within seven (7) days of the request being made or sooner as reasonably required by the Company. 3.8 The Provider shall update the Product information on the Extranet with any changes to the Products or circumstances affecting the Products including but not limited to: alterations, building work (whether to the Product or surrounding properties), deficiencies, unavailability, whether temporary or otherwise, within twenty four (24) hours of being aware of the change, or sooner where the circumstances require.