Operation of the Contract. The Parties recognize that it is impractical in this Contract to provide for every contingency which may arise during the life of the Contract, and the Parties hereby agree that it is their intention that this Contract shall operate fairly as between them, and without detriment to the interest of either of them, and that, if during the term of this Contract either Party believes that this Contract is operating unfairly, the Parties will use their best efforts to agree on such action as may be necessary to remove the cause or causes of such unfairness, but no failure to agree on any action pursuant to this Clause shall give rise to a dispute subject to arbitration.
Operation of the Contract. The parties recognize that it is impractical in this contract to provide for every contingency which may arise during the life of the contract, and the parties hereby agree that it is their intention that this contract shall operate fairly and judiciously (to act skilfully with discretion, wisdom and prudence) as between them, and without detriment to the interest of either of them, and that, if during the term of this contract either party believes that this contract is operating unfairly, the parties will use their best efforts to agree on such action as may be necessary to remove the cause or causes of such unfairness, but no failure to agree on any action pursuant to this clause shall give rise to a dispute subject to arbitration in accordance with clause GCC 8 hereof.
Operation of the Contract. The Parties recognize that it is impractical for this Contract to provide for every contingency which may arise during the life of this Contract, and the Parties hereby agree that it is their intention that this Contract shall operate fairly as between them, and without detriment to the interest of either of them; and that, if during the term of this Contract either Party believes that this Contract is operating unfairly, the Parties shall use their best efforts to agree on such action as may be necessary to remove the cause or causes of such unfairness, but no failure to agree on any action pursuant to this Clause shall give rise to a dispute subject to arbitration in accordance with GCC Clause 34 hereof.
Operation of the Contract. 31.1 The Parties recognize that it is impractical in the Contract to provide for every contingency which may arise during the life of the Contract, and the Parties hereby agree that it is their intention that the Contract shall operate fairly as between them, and without detriment to the interest of either of them, and that, if during the term of the Contract either Party believes that the Contract is operating unfairly, the Parties will use their best efforts to agree on such action as may be necessary to remove the cause or causes of such unfairness, but failure to agree on any action pursuant to this Clause shall not give rise to a dispute settlement in accordance with part VIII of the GCC.
Operation of the Contract. The Supplier shall properly manage and monitor the supply of the Goods and Services and inform AHDB in Writing without undue delay if any aspect of the Contract is not being or is unable to be performed. The Supplier shall provide all the facilities necessary to supply the Goods and Services. Any materials or processes used in connection with the supply of the Goods and Services shall be in accordance with standards set out in the Contract. The Supplier shall supply the Goods and Services to AHDB in accordance with the Specification and ensure that its employees, agents and sub-contractors act with reasonable skill, care and diligence. The Supplier shall take reasonable steps to follow best professional or good industry practice and ensure compliance with all applicable laws, codes of practice, guidelines and any Standards set out in the Specification, by itself and its servants, employees, agents and sub-contractors. The Supplier confirms that: it will comply with best practice and relevant provisions, whether statutory or otherwise, relating to health and safety at work; it will comply with the DPL; it will not unlawfully discriminate within the meaning and scope of the provisions of the Equality Xxx 0000; it will comply with the Bribery Act. The Supplier confirms that in entering into the Contract it has not: colluded with any competitor in formulating its offer to supply the Goods and Services except insofar as any such competitor is a named participant in a consortium in relation to supply of the Goods and Services of which the Supplier is also a participant; canvassed any person associated with AHDB or otherwise sought improperly to improve its competitive position in relation to this Contract; done or omitted to do anything that would result in a breach of the Xxxxxxx Xxx 0000. Except to the extent permitted in this Contract, the Supplier shall treat all Confidential Information belonging to AHDB as confidential and shall not disclose any such Confidential Information to any other person without the prior consent in Writing of AHDB, except under an obligation of confidentiality upon such persons and to such extent as may be necessary for the performance of the Supplier’s obligations under the Contract. Each Party may discuss the Contract and its performance with any adviser or consultant subject to appropriate conditions of confidentiality. The Supplier shall promptly and in any case not later than one week of its becoming aware of any circumstances...
Operation of the Contract. Deposits
2.1. You agree to make deposits to this contract at such times, in such amounts and under such conditions as mutually agreed to in the Deposit Agreement. We are obligated to accept only those deposits you are committed to make, except as follows:
(a) We may stop accepting deposits under the current Deposit Agreement if an action you take causes a reason for discontinuance to arise under the Discontinuance Section.
(b) We may refuse to accept deposits under any renewal Deposit Agreement. If we refuse to accept deposits under a renewal Deposit Agreement, we will give you 30 days advance written notice.
2.2. Deposits received by us are allocated to the Separate Account(s) in which you choose to participate. Deposits are subject to any conditions or limitations in the Term Schedule for that Separate Account. Unless otherwise agreed, deposits are made by wire transfer.
2.3. As of the contract effective date and at least 30 days prior to each Credited Rate Period, or such shorter period as may be required during the Book Value Settlement Phase, we will notify you of the rate to be credited to the Interest Accumulation Fund for that period. Interest is credited on a daily basis.
2.4. The Credited Rate is determined by us. It reflects our assumptions as to your deposits and withdrawals to this contract and the investment results of the Separate Account. It also reflects an adjustment for differences between the balance of the Interest Accumulation Fund of this and any other contract with amounts allocated to the Separate Account and the Separate Account Balance. The formula we currently use to determine this contract's Credited Rate is described in the attached Credited Rate Determination Exhibit.
2.5. The balance of the Interest Accumulation Fund is an amount equal to the termination value of the predecessor investment vehicle from which deposits to this contract were paid as proceeds, plus any additional Plan deposits plus interest, less any withdrawals, less any adjustment made in connection with an Contractholder Withdrawal, and less any fees or expenses that are deducted from time to time.
2.6. If you request, we can establish multiple accounts for Plan recordkeeping purposes. If an additional account has its own Credited Rate, it is treated as a distinct Interest Accumulation Fund.
2.7. Amounts in a Separate Account are invested consistent with the investment objectives we set for that Separate Account. The investments and operation of a Separate Ac...
Operation of the Contract. The Parties recognise that it is impractical in this Contract to. provide for every contingency which may arise during the life of the Contract, and the Parties hereby agree that it is their intention that this Contract shall operate fairly between them, and without detriment to the interests of either of them and that if during the term of this Contract either Party believes that this Contract is operating unfairly, the Parties shall use their best efforts to agree on such action as may be necessary to remove the cause or causes of such unfairness. A formal review of the operations shall take place annually by a committee constituted by the Parties.
Operation of the Contract. The Contract applies to work under the Contract, whether the work under the Contract is undertaken before, on or after the Commencement Date.
Operation of the Contract. 4.1 The Contractor will be responsible for providing all Temporary Workers ordered from the Contractor by the Client Bodies. This will include administrative and clerical, operational, social care, and professional including teaching and education ancillary staff and technical categories of agency staff.
4.2 The Contractor will act as a neutral vendor meaning that it will not supply Temporary Workers from its own register of workers. The Contractor is permitted to use associated companies or subsidiary companies including sister/ parent companies as a source of supply provided that the Contractor ensures that the following conditions are met:
4.2.1 In sending out requests for Temporary Workers associated subsidiary and sister/ parent companies of the Contractor do not receive favourable treatment
4.2.2 All quotes returned to the Contractor are treated equally
4.3 From time to time the ESPO Contract Manager may request evidence in the form of Management Information demonstrating compliance with the above Clause 4.2.
4.4 Client Bodies wishing to use the Services of the Contractor under the terms of this Contract will be required to complete an Access Agreement signed by the Client Body, the Contractor and ESPO.
4.5 The Access Agreement will record any local arrangements which constitute variations to the Contract, such variations to be agreed by the parties.
4.6 The Client Body will be responsible for managing its own local implementation and performance issues.
4.7 ESPO will assume the overall responsibility for managing the Contract and as such shall have access to all Management Information relating to Services delivered to Client Bodies.
Operation of the Contract. Entire Agreement Notice
