Performance of the Assignment. 5.1 The Contractor shall determine the way and by which person(s) the Assignment is performed, yet he/she shall take into account as far as possible the wishes expressed by the Client. If, in the performance of the Assignment, the Contractor wishes to engage third parties at the expense of the Client, he/she may only do this with the Client’s approval.
5.2 The Contractor shall perform the activities to the best of his/her ability and as a professional acting with due care; however, the Contractor also cannot guarantee that any desired result shall be achieved.
5.3 The Assignment will be performed with due observance of the applicable professional and other regulations required by or in accordance with the law. The Client shall provide full cooperation at all times with the obligations that arise for the Contractor on this basis.
5.4 The Client acknowledges, on the basis of the Act on Prevention of Money Laundering and Financing of Terrorism (Wet ter voorkoming van witwassen en financieren van terrorisme – Wwft) the Contractor:
a) May be required to conduct an investigation into the identity of the Client and/or the customer;
b) May be required to report certain transactions to the authorities appointed by the government for that purpose.
5.5 Professional and other regulations include, in any case, the Professional Practice Regulations and the Special Code of Conduct of the Dutch Association of Tax Advisers (Reglement Beroepsuitoefening en de Bijzondere Gedragscode van De Nederlandse Orde van Belastingadvisers - NOB).
5.6 The Contractor excludes any liability whatsoever for damages arising as a result of the Contractor’s compliance with legislation and professional and other regulations applicable to him/her.
Performance of the Assignment a. The consultant shall perform all parts of the Assignment in accordance with the provisions of this Agreement and with the skill and care which Xxxxxxxx has reason to expect of a reputable consultancy firm in the Consultant's field of business.
Performance of the Assignment. 6.1 The client shall ensure that the Contractor is immediately informed of facts and circumstances that may be important in connection with the correct performance of the Assignment.
6.2 The Client shall make available all data and documents required by the Contractor for the performance of the Assignment, in a timely manner and in the form indicated by the Contractor. If the data required for the performance of the Agreement are not provided to the Contractor in time, the Contractor will be entitled not to start the performance of the Agreement, or to suspend the performance of the Agreement and/or to charge the extra costs arising from the delay to the Client according to the usual rates.
6.3 Unless the nature of the Assignment expressly implies otherwise, the Client shall be, to the exclusion of the Contractor, responsible for the accuracy, completeness and reliability of the data and documents made available to the Contractor, even if these originate from or are obtained via third parties.
6.4 The Client shall ensure that the Contractor is provided with office space and other facilities which, in the opinion of the Contractor, are necessary or useful for the performance of the Agreement and which comply with all (legal) requirements to be imposed on it. This includes the use of computer, telephone and internet facilities. With regard to the (computer) facilities provided, the Client shall ensure continuity by means of adequate back-up, security and virus control procedures. The Contractor will apply virus control procedures when using the Client’s facilities.
6.5 The Client acknowledges that supplementary assignments will create a right to additional compensation for the Contractor. The Contractor may only perform more work than provided for in the Assignment and charge the Client accordingly, after previous permission by the Client. However, if the Contractor is obliged to perform additional work on account of their (legal) duty of care or unforeseen circumstances, the Contractor will be entitled to charge such additional work to the Client, even if the Client has not explicitly granted their prior consent for the additional work.
6.6 The Contractor has the right to engage third parties for the performance of the Assignment, if this is, in the opinion of the Contractor, desirable for a correct or timely performance of the Assignment. For the benefit of these third parties, their agencies and staff, all provisions shall apply that concern the exclusion...
Performance of the Assignment. 3.1 The Assignment is to be performed with care and generally in a professional manner.
3.2 The Client is to give the Supplier access to premises, information and any background documentation necessary to the execution of the Assignment.
Performance of the Assignment. 7.1 The assignment will be performed by or on behalf of the contractor according to the best of its knowledge and ability and in accordance with the requirements of professional and good contracting practices.
7.2 The contractor will make a reasonable effort to perform the assignment and/or deliver the agreed services or products in accordance with the confirmation of the assignment or other written agreements, unless the parties have made express written agreements regarding the result to be realised.
7.3 All activities performed by staff performing the assignment within the context of an assignment are deemed to be actions by or on behalf of the Contractor in principle. Staff performing the assignment comply with the internal rules of conduct and starting points applicable at the client and as included in the employment contract, additional internal rules or the provisions of a collaboration agreement or a contract for services.
7.4 The contractor has the right to engage other persons, legal entities or third parties in the performance of the assignment. Where possible and reasonably appropriate, the choice of other persons, legal entities or third parties, to be engaged by the contractor, will be made in consultation with the client and with due observance of the necessary care. The contractor is not liable for any failures on the part of these third parties, except in the event of intention or gross negligence on the part of the contractor.
7.5 During the performance of the assignment, staff not involved in the performance of previous or other assignments for the client cannot be expected to be familiar with the information or data or have them at their disposal.
7.6 The time schedule, costs and quality of the assignment can be changed in case of interim changes to the scope of the assignment, approach or method of operation, based on written agreement between the parties. The contractor will confirm these changes in the contract for services and the client needs to confirm its approval of this change. If the client fails to confirm its approval with this change within a reasonable term, the Contractor will have the right to terminate the agreement without being obliged to pay any compensation to the client.
Performance of the Assignment. 6.1 Contractor will perform the Assignment properly and carefully and will represent the Client's interests to the best of its knowledge and ability with due observance of the justified interests of the Client.
6.2 During the term of the Assignment the Client will refrain from performing activities that could hinder or impede Contractor in the performance of the Assignment. The Client will not conclude any agreements with respect to the Assignment without involving Contractor and will not conduct any negotiations in that respect.
6.3 In performing the Assignment Contractor may engage the services of other legal entities or natural persons, such as assistants. Contractor will exercise due care when engaging third parties. In the legal relationship with the Client, these General Terms and Conditions apply accordingly to the services provided or to be provided by that other legal entity or natural person on the instructions of Contractor. If the liability of Contractor is based on an error that is attributable to a third party or parties or an assistant engaged by Contractor the liability of Contractor will be limited to the amount that Contractor can recover and actually collect from the third party or parties or assistant in question. Upon receipt of that amount Contractor will pay it to the Client.
6.4 Unless the parties have made other written agreements, during the term of the Assignment the Client is not permitted to give similar assignments to third parties in respect of the real estate to which the Assignment relates.
Performance of the Assignment. The Contractor accepts the assignment and therefore also accepts full responsibility for the correct execution of the agreed work.
Performance of the Assignment. 5.1 The Company undertakes to use competent, appropriately qualified skilled and experienced personnel required to operate a professional claims handling and service.
5.2 The Company will conduct active and correct claims handling in accordance with the service requirements that are set in the industry’s jointly adopted principles for loss adjustment, and hereby
Performance of the Assignment. 3.1 The Project is carried out to the best of insight and ability in accordance with the requirements of good workmanship. Regarding of the (intended) Project is a best efforts obligation.
3.2 Beste Mensen determines the way in which and by which persons the Project is being carried out. If according to the Agreement certain persons will carry out the Project, Beste Mensen make reasonable efforts to take care of it that these persons will carry out the Project. Beste Mensen is entitled to consult the persons mentioned in the Agreement replaced by persons with equal or comparable expertise.
3.3 Beste Mensen reserves the right to engage third parties in fulfilling the obligations from the Agreement.
3.4 Deadlines within which the Project must be completed, can only be regarded as a deadline if this is the case expressly agreed. The Agreement can continue Under no circumstances is the client due to exceeding the deadline be dissolved. Furthermore, Beste Mensen is by no means liable for damages due to exceeding the term.
3.5 If Beste Mensen upon request or with prior consent of the Client activities or other performance beyond the content or scope of the Project fall, this work or performance will pass Client to Beste Mensen are reimbursed according to the usual rates from Beste Mensen.
Performance of the Assignment. 3.1 The Consultant shall develop and design the Solution in such a way that it complies with the Description of the Assignment. The Consultant shall also ensure that the assignment is carried out in a professional manner in accordance with sound trade practice.
3.2 The Consultant has a duty if requested by the Client to assist in providing information and training concerning the Solution. For this the Consultant is entitled to separate remuneration.
3.3 Should the Consultant intend to engage other consultants as advisers or to perform a certain part of the assignment the Client shall be informed of this unless the duties involved are of a routine nature or of minor importance.
3.4 The Client is not entitled without the written consent of the Consultant to order additions or adjustments to the Solution from a third party.
3.5 The Consultant shall notify the Client if it is necessary to carry out work which is not included in the Description of the Assignment but which is necessary to the development and design of the Solution. The Client shall approve such work in writing before it is begun.
