Common use of Obligations of the Service Provider Clause in Contracts

Obligations of the Service Provider. Without derogating from the remaining obligations of the Service Provider as set out in this Agreement, the Service Provider shall: 10.1 Manage and co-ordinate the day to day activities of its employees; 10.2 upon reasonable request furnish PRASA CRES with employment criteria and any other documentation relating to its employees; 10.3 develop a formal procedure aimed at ensuring the efficient conduct of all day to day activities necessary for the successful rendering of the Services; 10.4 in addition to all the items listed under “Specifications” in the RFQ, at its cost supply all soaps, detergents, polish etc., required to fulfil the contract; 10.5 ensure that its employees exercise the utmost degree of good faith, skill and care in all matters relating to the Services; 10.6 furnish its employees with uniform and employee identification cards, which shall be worn by the Personnel at all times whilst on duty; 10.7 in the event of any of its employees allocated to be at the Site not being available to render the Services in terms of this Agreement, provide a competent replacement for such a person within one (1) hour after being informed by PRASA CRES of that person’s non availability. The Service Provider shall ensure that the rendering of the Services is not compromised by any of the circumstances contemplated in this clause; 10.8 ensure that all its duties are performed in accordance with the Occupational Health and Safety Act, 1993 (Act no. 85 of 1993) and adhere to all safety rules and regulations as laid down by the Department of Labour; 10.9 any defect or problem identified on the Site shall immediately be reported to PRASA CRES’s Representative and If the Service Provider fails to deliver any or all of the goods or to perform the Services as required in the Contract, PRASA shall, without prejudice to any rights/ remedies under the Contract, deduct from the Contract price, as a penalty, a sum calculated on the delivered price of unperformed Services for each day of the occurrence of the failure of performance or apply credit note. PRASA may also consider termination of the Contract pursuant to General Condition of the Contract or penalties may also be imposed in cases of breach of confidentiality as envisaged in this Contract; 10.10 all areas referred to in this agreement shall be inspected by the Service Provider’s “Person in Charge” on a weekly basis and the said “Person in Charge” shall immediately thereafter submit a written report to PRASA CRES; 10.11 The frequency of the cleaning of different areas shall be set out as per RFQ specification.

Obligations of the Service Provider. Without derogating from the remaining obligations of the 5.1.1 The Service Provider shall procure and supply, as set out may be applicable, the Xxxxx to the Authority, in accordance with the terms and conditions of this Agreement. 5.1.2 The Service Provider shall procure, operate and / or maintain the Specialized Wagons/ Xxxxx supplied to the Authority, in accordance with the terms and conditions of this Agreement. 5.1.3 Subject to and on the terms and conditions of this Agreement, the Service Provider shall: 10.1 Manage and co-ordinate the day to day activities of its employees; 10.2 upon reasonable request furnish PRASA CRES with employment criteria and any other documentation relating to its employees; 10.3 develop a formal procedure aimed at ensuring the efficient conduct of all day to day activities necessary for the successful rendering of the Services; 10.4 in addition to all the items listed under “Specifications” in the RFQ, at its own cost and expense, procure finance for and undertake the procurement and supply all soapsof the Specialized Wagons/ Xxxxx, detergentsin conformity with the Specifications and Standards and as approved by the RDSO for the purposes as provided under this Agreement; the operation and maintenance of the Specialized Wagons/ Xxxxx, polish etc.either by itself or through the Railways as per the requirements of the LWIS Scheme, required to fulfil in accordance with Good Industry Practice and in accordance with the contract; 10.5 ensure that its employees exercise terms and conditions of this Agreement; the utmost degree arrangement of good faithloading of the food grains at Procuring Silos, skill and care the unloading of food grains at Distribution Silos as well as the transportation of food grains in all matters relating bulk using the Specialized Wagons from the Procuring Silos to the Services; 10.6 furnish its employees Distribution Silos, in accordance with uniform the terms and employee identification cardsconditions of this Agreement; and the performance of the other duties, which shall obligations and responsibilities and other acts, deeds, matters and things incidental thereto and / or as may be worn by necessary in connection with the Personnel at all times whilst on duty; 10.7 in duties, obligations and responsibilities of the event of any of its employees allocated to be at Service Provider as per the Site not being available to render the Services in terms and conditions of this Agreement, provide a competent replacement for such a person within one (1) hour after being informed by PRASA CRES of that person’s non availability. and shall observe, fulfil, comply with and perform all its obligations set out under this Agreement or arising thereunder. 5.1.4 The Service Provider shall comply with all Applicable Laws and Applicable Permits (including renewals as required) in the performance of its obligations under this Agreement. 5.1.5 Save and except as otherwise provided in this Agreement or Applicable Laws, as the case may be, the Service Provider shall, in discharge of all its obligations under this Agreement, conform with and adhere to Good Industry Practice at all times. 5.1.6 The Service Provider shall, at its own cost and expense, in addition to and not in derogation of its obligations elsewhere set out in this Agreement: (a) make, or cause to be made, necessary applications to the relevant Government Instrumentalities with such particulars as may be required for obtaining Applicable Permits, and obtain and keep in force and effect such Applicable Permits in conformity with Applicable Laws; (b) procure, as required, the appropriate proprietary rights, licenses, agreements and permissions for materials, methods, processes, know – how and systems used or incorporated into the Specialized Wagons; (c) make reasonable efforts to maintain harmony and good industrial relations among the personnel employed by it or its Contractors in connection with the performance of its obligations under this Agreement; (d) ensure and procure that its Contractors comply with all Applicable Permits and Applicable Laws in the rendering performance by them of the Services is not compromised by any of the circumstances contemplated in duties, obligations and responsibilities of the Service Provider under this clauseAgreement; 10.8 ensure that (e) always act in a manner consistent with the provisions of this Agreement and not cause or fail to do any act, deed, matter or thing, whether intentionally or otherwise, which may in any manner be in violation of any of the provisions of this Agreement; (f) take all its duties are performed reasonable precautions for the prevention of accidents on or around the Silos, and provide all reasonable assistance and emergency medical aid to accident victims; (g) transfer the Right to Way to the Silos to the Authority, upon Termination of this Agreement, in accordance with the Occupational Health provisions of this Agreement; (h) perform, fulfil, satisfy and Safety Act/ or comply with all terms and conditions of the Financing Agreements; (i) support, 1993 facilitate and co-operate with the Authority in the implementation of the Project in accordance with the terms and conditions of this Agreement; (Act no. 85 j) comply with the Standards and Specifications and the specifications and / or stipulations of 1993the RDSO in relation to the Specialized Wagons; (k) maintain true and adhere accurate records of movement and / or transportation of food grains and the books of accounts pertaining to the costs, expenses and / or expenditure towards the operation and maintenance of Specialized Wagons, transportation of food grains in bulk, Railway Freight Charges payable, receipts / invoices raised on the Authority and furnish such other information as the Authority may require from time to time, in accordance with the terms and conditions of this Agreement; (l) purchase and maintain valid and adequate insurance cover in accordance with the requirements of Good Industry Practice and the requirements of Article 17.2 of this Agreement, at its own costs and / or expenses including towards premium and other ancillary / incidental costs and / or expenses in this regard; (m) pay all safety rules Taxes, levies, charges, fees, impositions and regulations / or duties (whether Central, State or local) on the goods, materials, equipment and services incorporated in and forming part of the Specialized Wagons and / or the Project charged, levied or imposed by any Government Instrumentality, as laid down may be applicable, from time to time; (n) reimburse to the Authority, promptly and no event later than 15 (fifteen) days from the date of notice in this regard, such costs and / or expenses incurred in relation to the appointment and professional services rendered by the Department Authority, as per the requirements of Labourthis Agreement; 10.9 any defect (o) employ sufficiently and adequately trained, skilled and experienced personnel in order to carry out each of its duties, obligations and responsibilities under this Agreement; and (p) permit and / or problem identified on allow reasonable access to the Site shall immediately be reported to PRASA CRES’s Representative representatives and If the Service Provider fails to deliver any / or all agents of the goods or to perform the Services as required in the ContractAuthority for monitoring, PRASA shallinspection and supervision and for performance of their duties, without prejudice to any rights/ remedies obligations and responsibilities under the Contract, deduct from the Contract price, as a penalty, a sum calculated on the delivered price provisions of unperformed Services for each day of the occurrence of the failure of performance or apply credit note. PRASA may also consider termination of the Contract pursuant to General Condition of the Contract or penalties may also be imposed in cases of breach of confidentiality as envisaged in this Contract; 10.10 all areas referred to in this agreement shall be inspected by the Service Provider’s “Person in Charge” on a weekly basis and the said “Person in Charge” shall immediately thereafter submit a written report to PRASA CRES; 10.11 The frequency of the cleaning of different areas shall be set out as per RFQ specificationAgreement.

Obligations of the Service Provider. Without derogating from 4.1 The service provider is required to carry out all obligations envisaged in the remaining obligations recordal clause two above, for the duration of this agreement. The nature of the Service Provider services to be rendered is generally set out in annexure A attached hereto, which contains details around most of the deliverables. 4.2 The service provider undertakes, where applicable, to protect, comply with, and adhere to, the AGSA’s corporate identity specifications and branding principles. 4.3 The services must conform to the highest quality standards at all times. 4.4 It is a material term of this contract that the service provider will provide the services, on the dates and times required by the AGSA, which dates and times have been conveyed by the AGSA and agreed to by the service provider. 4.5 The service provider shall familiarise itself with all the functions, of the AGSA and shall provide the services within the contractual term. In addition, the service provider undertakes to conduct itself, during the contractual term of this agreement, in a professional and ethical manner in line with the Code of Professional Conduct and Ethics and the procedures on independence and ethical requirements of the AGSA. 4.6 The service provider guarantees that it shall perform all its duties professionally, and that all work prepared by it shall be conducted with the highest degree of skill, care and diligence expected of its profession or trade. 4.7 The service provider shall ensure, where applicable, that reasonable levels of care and responsibility are exercised when using items belonging to the AGSA in the performance of its obligations as set out in this Agreement, agreement. Such items may not be used unless prior written permission has been received from the Service Provider shall: 10.1 Manage and co-ordinate the day to day activities of its employees; 10.2 upon reasonable request furnish PRASA CRES with employment criteria and any other documentation relating to its employees; 10.3 develop a formal procedure aimed at ensuring the efficient conduct of all day to day activities necessary for the successful rendering authorised representative of the Services;AGSA. 10.4 4.8 The service provider shall conduct its affairs and activities in addition a manner to all prevent any damage to the items listed under “Specifications” good name, reputation and standing of the AGSA, and may not undertake any activity which may, in the RFQopinion of the AGSA, at its cost supply all soapsdamage the good name, detergents, polish etcreputation and standing of the AGSA., required to fulfil 4.9 The service provider hereby accepts the contract; 10.5 ensure that its employees exercise the utmost degree of good faith, skill appointment and care in all matters relating to the Services; 10.6 furnish its employees with uniform and employee identification cards, which shall be worn by the Personnel at all times whilst on duty; 10.7 in the event of any of its employees allocated to be at the Site not being available undertakes to render the Services in terms of this Agreement, provide a competent replacement for such a person within one (1) hour after being informed by PRASA CRES of that person’s non availability. The Service Provider shall ensure that the rendering of the Services is not compromised by any of the circumstances contemplated in this clause; 10.8 ensure that all its duties are performed services in accordance with the Occupational Health and Safety Act, 1993 (Act no. 85 terms of 1993) and adhere to all safety rules and regulations as laid down by the Department of Labour; 10.9 any defect or problem identified on the Site shall immediately be reported to PRASA CRES’s Representative and If the Service Provider fails to deliver any or all of the goods or to perform the Services as required in the Contract, PRASA shall, without prejudice to any rights/ remedies under the Contract, deduct from the Contract price, as a penalty, a sum calculated on the delivered price of unperformed Services for each day of the occurrence of the failure of performance or apply credit note. PRASA may also consider termination of the Contract pursuant to General Condition of the Contract or penalties may also be imposed in cases of breach of confidentiality as envisaged in this Contract; 10.10 all areas referred to in this agreement shall be inspected by the Service Provider’s “Person in Charge” on a weekly basis and the said “Person in Charge” shall immediately thereafter submit a written report to PRASA CRES; 10.11 The frequency of the cleaning of different areas shall be set out as per RFQ specificationagreement.

Obligations of the Service Provider. Without derogating from a) The Service Provider shall provide services of Conductors & Drivers for the remaining obligations JNNURM city buses under the operation of Chandigarh Transport Undertaking as per its requirements elaborated in the Scope of Work at Annexure ‘C to C2’. b) The regularity of the Service Provider as set out in this Agreement, the Service Provider shall: 10.1 Manage and co-ordinate the day to day activities of its employees; 10.2 upon reasonable request furnish PRASA CRES with employment criteria and any other documentation relating to its employees; 10.3 develop a formal procedure aimed at ensuring the efficient conduct of all day to day activities necessary for the successful rendering performance of the Services; 10.4 in addition to all the items listed under “Specifications” in the RFQ, at its cost supply all soaps, detergents, polish etc., required to fulfil the contract; 10.5 ensure that its employees exercise the utmost degree of good faith, skill and care in all matters relating to the Services; 10.6 furnish its employees with uniform and employee identification cards, which services shall be worn by the Personnel at all times whilst on duty; 10.7 in the event essence of any of its employees allocated to be at the Site not being available to render the Services in terms this Agreement and shall form a central factor of this Agreement, provide a competent replacement for such a person within one (1) hour after being informed by PRASA CRES of that person’s non availability. The Service Provider shall take all possible steps to ensure to maintain its performance as determined by the Chandigarh Transport Undertaking from time to time. c) If the Chandigarh Transport Undertaking notices that the rendering personnel of the Service Provider has/have been found negligent, careless in rendering the said service, the same shall be communicated immediately to the Services is not compromised by Provider who shall take corrective steps immediately to avoid recurrence of such incident(s) and report to the Chandigarh Transport Undertaking. d) If any of the circumstances contemplated personnel of the Service Provider indulges in this clause; 10.8 ensure that all its duties are performed theft, negligence or any illegal/irregular activity, misconduct etc., the Service Provider will be held responsible for making the loss good besides taking the action against the erring personnel in accordance with law and intimate accordingly to the Occupational Health and Safety ActChandigarh Transport Undertaking. e) In case of major/serious fraud, 1993 (Act no. 85 negligence or malpractices department may even decide to lodge FIR against concerned personnel. f) The Service Provider shall furnish a personal guarantee of 1993) and adhere to all safety rules and regulations as laid down its Managing Director/Partner, guaranteeing the due performance by the Department of Labour; 10.9 any defect or problem identified on the Site shall immediately be reported to PRASA CRES’s Representative and If the Service Provider fails of its obligations under this Agreement. g) Service Provider will, be authorized to deliver deduct the penalties from his personnel in case of minor offences which CTU finally decides to impose on the personnel/Service Provider, as the case may be. h) Service Provider will give in writing to CTU that in case of such penalties, Service Provider will not exploit its Personnel in any way. i) Service Provider will not charge any money from its workers/personnel to be deployed in CTU whether before/at the time of employment or all later under any circumstances. j) All the personnel of the goods Service Provider shall be deputed for a specific term and any of the personnel shall have no claim or to perform the Services as required right for regularization of job/service in the Contract, PRASA shall, without prejudice CTU in any case and they shall have also no claim or right to any rights/ remedies under get their wages equal to the Contract, deduct from the Contract price, as a penalty, a sum calculated on the delivered price of unperformed Services for each day regular personnel of the occurrence of the failure of performance or apply credit note. PRASA may also consider termination of the Contract pursuant to General Condition of the Contract or penalties may also be imposed in cases of breach of confidentiality as envisaged in this Contract; 10.10 all areas referred to in this agreement shall be inspected by the Service Provider’s “Person in Charge” on a weekly basis and the said “Person in Charge” shall immediately thereafter submit a written report to PRASA CRES; 10.11 The frequency of the cleaning of different areas shall be set out as per RFQ specificationCTU.