Common use of Other Conditions of the Agreement Clause in Contracts

Other Conditions of the Agreement. 3.1 The RDA ensures the fulfillment of farming works prescribed here-above on agricultural or non- agricultural lands of the Customer which are in his ownership or exploitation; 3.2 The Customer takes responsibility to ensure the protection of equipment in the ownership of the RDA and operated by RDA assigned staff within working hours till full completion of the works; 3.3 The Customer is obligated to guarantee access to the land plots or sites as agreed in the Agreement without delays or obstructions as these may cause delays in the execution of the works. Failure to provide free access to the identified land plots or sites as a result of the absence of the Customer on the set time and date will be charged at an hourly rate of 1,000 RUB if such delay happens to exceed one hour but may not exceed three hours. After three hours of unjustified absence of the Customer, the RDA reserves the right to return the RDA machinery to the RDA parking site and terminate the present Agreement. In such eventuality, RDA will charge the remaining time earmarked for the execution of the tasks for the day at the agreed rates as specified within the Agreement. 3.4 The RDA is entitled not to fulfill the works and subsequently terminate the terms of the Agreement, if during visual inspection of the plot before works starts or during execution of works unforeseen circumstances are revealed such as rocky lands, non-existence of output communications in the plot or some other hindering factors which may cause damage of equipment or implement. The Agreement termination shall not release the Customer from fulfillment of obligations provided by the Agreement, however the RDA will only charge to Costumer with the apportioned amount till the revealing of the unforeseen circumstances. The RDA Operator shall in such case inform the RDA Officer in charge to act upon the changes in the terms of the Agreement. 3.5 The Customer is obliged to compensate the RDA the damage price of equipment or implements during fulfilling agricultural works which may be resulted from a negligence caused by the Customer while performing the works. This may be documented by an Incident Report; 3.6 The Customer acknowledges and accepts that the RDA machinery shall be solely and exclusively operated by the RDA appointed Operator. The Costumer has no right to claim any changes or deviations from the initially agreed terms of the Agreement through direct negotiations with the RDA Operator as these may result to an immediate termination of the Agreement. In line with this, the Costumer has not right to inspect the RDA machinery and equipment, possess keys or any tools which belong to the RDA as the terms of the Agreement put the sole responsibility of the execution of the foreseen works as per the agreed conditions on RDA; 3.7 The Costumer agrees to provide access to RDA staff beside the RDA appointed Operator to the sites and land plots where the works shall be performed during the time set for the execution of the agreed works for monitoring purposes. Such monitoring is deemed to ensure the provisions of the Agreement are respected and the quality of the works to be performed by the RDA appointed Operator meet the agreed standards; 3.8 The parties are released from fulfilling their obligations upon arising Force-Majeure Circumstances. Force-Majeure is considered in case of any severe incidents which affect the Costumer ability to subscribe to the services such as personal injuries faced by the Costumer, illness, death or loss of closed relatives. Such cases need to be documented through an official certificate issued by a certified doctor to allow the provisions set under section 2.6 not to apply and a penalty to be charged. Such documents have to be communicated within 5 working days to the administration of the RDA. 3.9 The parties agree that in case of debt, disagreement or dispute, unless solved through mitigation and negotiations that the case will be settled according to the local legislation.

Appears in 3 contracts

Samples: Service Agreement, Service Agreement, Service Agreement

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Other Conditions of the Agreement. 3.1 The RDA ensures the fulfillment of farming works transportation of goods prescribed here-above on agricultural or non- agricultural lands and operational control over the performance of transportation, informed the Customer which are in his ownership or exploitationadvance of all changes affecting the performance of transportation; 3.2 The Customer takes responsibility to ensure the protection of equipment in the ownership of the RDA and operated by RDA assigned staff within working hours till full completion of the works; 3.3 The Customer is obligated to guarantee access to the land plots or sites as agreed loading and unloading points, to maintain loading areas in the Agreement without delays or obstructions as these may cause delays in the execution good condition, ensure free and safe maneuvering of the works. Failure to provide free access to the identified land plots or sites as a result cars, illumination of the absence of the Customer on the set time and date will be charged at an hourly rate of 1,000 RUB if such delay happens to exceed one hour but may not exceed three hours. After three hours of unjustified absence of the Customer, the RDA reserves the right to return the RDA machinery to the RDA parking site and terminate the present Agreement. In such eventuality, RDA will charge the remaining time earmarked for the execution of the tasks for the day at the agreed rates as specified within the Agreement.workplaces and 3.4 The RDA Customer is entitled not obliged to fulfill prepare the works and subsequently terminate the terms goods for transportation before arrival of the Agreementvehicle for loading - to pack, if during visual inspection of the plot before works starts or during execution of works unforeseen circumstances are revealed such as rocky landsgroup by consignees, non-existence of output communications in the plot or some other hindering factors which may cause damage of equipment or implement. The Agreement termination shall not release the Customer from fulfillment of obligations provided by the Agreementprepare shipping documents, however the RDA will only charge to Costumer with the apportioned amount till the revealing of the unforeseen circumstances. The RDA Operator shall in such case inform the RDA Officer in charge to act upon the changes in the terms of the Agreementetc. 3.5 The Customer is obliged to compensate the RDA the damage price of equipment or implements during fulfilling agricultural works transportation of goods which may be resulted from a negligence caused by the Customer while performing the works. This may be documented by an Incident Report; 3.6 The Customer acknowledges and accepts that the RDA machinery shall be solely and exclusively operated by the RDA appointed Operator. The Costumer Custumer has no right to claim any changes or deviations from the initially agreed terms of the Agreement through direct negotiations with the RDA Operator as these may result to an immediate termination of the Agreement. In line with this, the Costumer has not right to inspect the RDA machinery and equipment, possess keys or any tools which belong to the RDA as the terms of the Agreement put the sole responsibility of the execution of the foreseen works as per the agreed conditions on RDA; 3.7 The Costumer agrees to provide access to RDA staff beside the RDA appointed Operator to the sites and land plots where the works shall be performed during the time set for the execution of the agreed works for monitoring purposes. Such monitoring is deemed to ensure the provisions of the Agreement are respected and the quality of the works to be performed by the RDA appointed Operator meet the agreed standards; 3.8 The parties are released from fulfilling their obligations upon arising Force-Majeure Circumstances. Force-Majeure is considered in case of any severe incidents which affect the Costumer ability to subscribe to the services such as personal injuries faced by the Costumer, illness, death or loss of closed relatives. Such cases need to be documented through an official certificate issued by a certified doctor to allow the provisions set under section 2.6 2.5 not to apply and a penalty to be charged. Such documents have to be communicated within 5 working days to the administration of the RDA. 3.9 3.8 The parties agree that in case of debt, disagreement or dispute, unless solved through mitigation and negotiations that the case will be settled according to the local legislation.

Appears in 1 contract

Samples: Service Agreement

Other Conditions of the Agreement. 3.1 The RDA ensures the fulfillment of farming excavation works prescribed here-above on agricultural or non- agricultural lands of the Customer which are in his ownership or exploitation; 3.2 The Customer takes responsibility to ensure the protection of equipment in the ownership of the RDA and operated by RDA assigned staff within working hours till full completion of the works; 3.3 The Customer is obligated to guarantee access to the land plots or sites as agreed in the Agreement without delays or obstructions as these may cause delays in the execution of the works. Failure to provide free access to the identified land plots or sites as a result of the absence of the Customer on the set time and date will be charged at an hourly rate of 1,000 RUB if such delay happens to exceed one hour but may not exceed three hours. After three hours of unjustified absence of the Customer, the RDA reserves the right to return the RDA machinery to the RDA parking site and terminate the present Agreement. In such eventuality, RDA will charge the remaining time earmarked for the execution of the tasks for the day at the agreed rates as specified within the Agreement., 3.4 The RDA is entitled not to fulfill the works and subsequently terminate the terms of the Agreement, if during visual inspection of the plot before works starts or during execution of works unforeseen circumstances are revealed such as rocky lands, non-existence of output communications in the plot or some other hindering factors which may cause damage of equipment or implement. The Agreement termination shall not release the Customer from fulfillment of obligations provided by the Agreement, however the RDA will only charge to Costumer with the apportioned amount till the revealing of the unforeseen circumstances. The RDA Operator shall in such case inform the RDA Officer in charge to act upon the changes in the terms of the Agreement. 3.5 The Customer is obliged to compensate the RDA the damage price of equipment or implements during fulfilling agricultural excavation works which may be resulted from a negligence caused by the Customer while performing the works. This may be documented by an Incident Report; 3.6 The Customer acknowledges and accepts that the RDA machinery shall be solely and exclusively operated by the RDA appointed Operator. The Costumer has no right to claim any changes or deviations from the initially agreed terms of the Agreement through direct negotiations with the RDA Operator as these may result to an immediate termination of the Agreement. In line with this, the Costumer has not right to inspect the RDA machinery and equipment, possess keys or any tools which belong to the RDA as the terms of the Agreement put the sole responsibility of the execution of the foreseen works as per the agreed conditions on RDA; 3.7 The Costumer agrees to provide access to RDA staff beside the RDA appointed Operator to the sites and land plots where the works shall be performed during the time set for the execution of the agreed works for monitoring purposes. Such monitoring is deemed to ensure the provisions of the Agreement are respected and the quality of the works to be performed by the RDA appointed Operator meet the agreed standards; 3.8 The parties are released from fulfilling their obligations upon arising Force-Majeure Circumstances. Force-Majeure is considered in case of any severe incidents which affect the Costumer ability to subscribe to the services such as personal injuries faced by the Costumer, illness, death or loss of closed relatives. Such cases need to be documented through an official certificate issued by a certified doctor to allow the provisions set under section 2.6 not to apply and a penalty to be charged. Such documents have to be communicated within 5 working days to the administration of the RDA. 3.9 The parties agree that in case of debt, disagreement or dispute, unless solved through mitigation and negotiations that the case will be settled according to the local legislation.

Appears in 1 contract

Samples: Service Agreement

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Other Conditions of the Agreement. 3.1 The RDA ensures the fulfillment of farming works transportation of goods prescribed here-above on agricultural or non- agricultural lands and operational control over the performance of transportation, informed the Customer which are in his ownership or exploitationadvance of all changes affecting the performance of transportation; 3.2 The Customer takes responsibility to ensure the protection of equipment in the ownership of the RDA and operated by RDA assigned staff within working hours till full completion of the works; 3.3 The Customer is obligated to guarantee access to the land plots or sites loading and unloading points, to maintain loading areas in good condition, ensure free and safe maneuvering of cars, illumination of workplaces and access roads to them, as agreed in the Agreement without delays or obstructions well as these may cause delays in the execution of the worksaccessories and auxiliary materials necessary for loading and unloading. Failure to provide free access to the identified land plots or sites as a result of the absence of the Customer on the set time and date will be charged at an hourly rate of 1,000 RUB if such delay happens to exceed one hour but may not exceed three hours. After three hours of unjustified absence of the Customer, the RDA reserves the right to return the RDA machinery to the RDA parking site and terminate the present Agreement. In such eventuality, RDA will charge the remaining time earmarked for the execution of the tasks for the day at the agreed rates as specified within the Agreement.; 3.4 The RDA Customer is entitled not obliged to fulfill prepare the works and subsequently terminate the terms goods for transportation before arrival of the Agreementvehicle for loading - to pack, if during visual inspection of the plot before works starts or during execution of works unforeseen circumstances are revealed such as rocky landsgroup by consignees, non-existence of output communications in the plot or some other hindering factors which may cause damage of equipment or implement. The Agreement termination shall not release the Customer from fulfillment of obligations provided by the Agreementprepare shipping documents, however the RDA will only charge to Costumer with the apportioned amount till the revealing of the unforeseen circumstances. The RDA Operator shall in such case inform the RDA Officer in charge to act upon the changes in the terms of the Agreementetc. 3.5 The Customer is obliged to compensate the RDA the damage price of equipment or implements during fulfilling agricultural works transportation of goods which may be resulted from a negligence caused by the Customer while performing the works. This may be documented by an Incident Report; 3.6 The Customer acknowledges and accepts that the RDA machinery shall be solely and exclusively operated by the RDA appointed Operator. The Costumer Custumer has no right to claim any changes or deviations from the initially agreed terms of the Agreement through direct negotiations with the RDA Operator as these may result to an immediate termination of the Agreement. In line with this, the Costumer has not right to inspect the RDA machinery and equipment, possess keys or any tools which belong to the RDA as the terms of the Agreement put the sole responsibility of the execution of the foreseen works as per the agreed conditions on RDA; 3.7 The Costumer agrees to provide access to RDA staff beside the RDA appointed Operator to the sites and land plots where the works shall be performed during the time set for the execution of the agreed works for monitoring purposes. Such monitoring is deemed to ensure the provisions of the Agreement are respected and the quality of the works to be performed by the RDA appointed Operator meet the agreed standards; 3.8 The parties are released from fulfilling their obligations upon arising Force-Majeure Circumstances. Force-Majeure is considered in case of any severe incidents which affect the Costumer ability to subscribe to the services such as personal injuries faced by the Costumer, illness, death or loss of closed relatives. Such cases need to be documented through an official certificate issued by a certified doctor to allow the provisions set under section 2.6 2.5 not to apply and a penalty to be charged. Such documents have to be communicated within 5 working days to the administration of the RDA. 3.9 3.8 The parties agree that in case of debt, disagreement or dispute, unless solved through mitigation and negotiations that the case will be settled according to the local legislation.

Appears in 1 contract

Samples: Service Agreement

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