Common use of Performance of the Assignment Clause in Contracts

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 or limitation of the liability of the Contractor and the indemnification by the Client against claims by third parties. 6.7 The Assignment will be executed within the agreed term. In the absence of an agreed term, the Assignment will be performed within a reasonable period. As the duration of the Assignment may be influenced by a variety of factors, such as the quality of the information provided by the Client and the co-operation that is granted, the periods in which the work must be completed shall be regarded as an indication only. Compliance with this shall be a best efforts obligation and in no way an obligation to achieve a result. A term may only be regarded as a strict deadline if this has been expressly agreed in writing. Exceeding the execution period does not give rise to suspension of the payment obligation, nor to compensation or termination of the Agreement. The contractor reserves the right to extend the term in the event of changes to or extension of the Assignment. 6.8 The Contractor may provide for an execution of the Assignment in stages, unless other arrangements were made between the Parties. 6.9 The Client shall not put any improper pressure on the Contractor and their staff members working for and on behalf of the Contractor during the execution of the Assignment. 6.10 If so required for preserving the Contractor’s accreditations and licensing agreements, the Client shall co-operate with audits by third parties of the assessments made by the Contractor. 6.11 The Contractor will keep a work file containing copies of relevant documents, which is owned by the Contractor. Such records shall be kept, among other things, with a view to reporting, follow-up of the Client and professional liability. The Contractor shall take into account the relevant regulations regarding processing of personal data, and if possible, take the necessary measures to anonymise personal data insofar as such data are not deemed necessary because of legal obligations.

Performance of the Assignment. 6.1 The client 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 or limitation of the liability of the Contractor and the indemnification by the Client against claims by third parties. 6.7 The Assignment will be executed within the agreed term. In the absence of an agreed term, the Assignment will be performed within a reasonable period. As the duration of the Assignment may be influenced by a variety of factors, such as the quality of the information provided by the Client and the co-operation that is granted, the periods in which the work must be completed shall be regarded as an indication only. Compliance with this shall be a best efforts obligation and in no way an obligation to achieve a result. A term may only be regarded as a strict deadline if this has been expressly agreed in writing. Exceeding the execution period does not give rise to suspension of the payment obligation, nor to compensation or termination of the Agreement. The contractor Contractor reserves the right to extend the term in the event of changes to or extension of the Assignment. 6.8 The Contractor may provide for an execution of the Assignment in stages, unless other arrangements were made between the Parties. 6.9 The Client shall not put any improper pressure on the Contractor and their staff members working for and on behalf of the Contractor during the execution of the Assignment. 6.10 If so required for preserving the Contractor’s 's accreditations and licensing agreements, the Client shall co-operate with audits by third parties of the assessments made by the Contractor. 6.11 The Contractor will keep a work file containing copies of relevant documents, which is owned by the Contractor. Such records shall be kept, among other things, with a view to reporting, follow-up of the Client and professional liability. The Contractor shall take into account the relevant regulations regarding processing of personal datadata and, and if possible, take the necessary measures to anonymise personal data insofar as such data are not deemed necessary because of legal obligations.