Common use of Performance of the Services Clause in Contracts

Performance of the Services. 4.1 The Supplier shall provide the Services in accordance with the standards of care and skill to be reasonably expected of an expert competent in the field of providing services of the general nature of the Services. 4.2 The Supplier agrees to correct, free of charge, any errors in the Supplier’s work which are not due to any error, act or omission of Novartis and which either become apparent to the Supplier or which are notified to the Supplier in writing by Novartis. 4.3 Subject to agreement with Novartis, the Supplier may NOT sub-contract the Services. 4.4 The Supplier will perform the Services at such locations identified in the PO, unless requested otherwise by Novartis. 4.5 The Supplier shall ensure that all personnel performing the Services (“Staff”) possess the necessary qualifications, knowledge and experience. If at any time, Novartis believes in its reasonable opinion that the Staff are unsuitable to perform the Services, the Supplier shall at the request of Novartis and within a reasonable time, replace such Staff with suitable personnel. 4.6 The Supplier shall take all reasonable steps to comply with any requests from Novartis to amend or halt any plans or to reject or cancel any work in the process of preparation, insofar as this is possible within the scope of the Supplier’s contractual obligations to its suppliers. Novartis will be responsible for any charges properly incurred by Supplier in line with and at the appropriate time as required, prior to, or because of, the cancellation or amendment and which cannot be reasonably recovered by the Supplier. For the avoidance of doubt, the Supplier shall be obliged to mitigate its losses always and Novartis shall not be liable to pay any part of the fee in respect of the period after the cancellation or amendment.

Performance of the Services. 4.1 The Supplier shall provide the Services in accordance with the standards of care and skill to be reasonably expected of an expert competent in the field of providing services of the general nature of the Services. 4.2 The Supplier agrees to correct, free of charge, any errors in the Supplier’s work which are not due to any error, act or omission of Novartis and which either become apparent to the Supplier or which are notified to the Supplier in writing by Novartis. 4.3 Subject to agreement with Novartis, the Supplier may NOT sub-contract the Services. 4.4 The Supplier will perform the Services at such locations identified in the PO, unless requested otherwise by Novartis. 4.5 The Supplier shall ensure that all personnel performing the Services (“Staff”) possess the necessary qualifications, knowledge and experience. If at any time, Novartis believes in its reasonable opinion that the Staff are unsuitable to perform the Services, the Supplier shall at the request of Novartis and within a reasonable time, replace such Staff with suitable personnel. 4.6 The Supplier shall take all reasonable steps to comply with any requests from Novartis to amend or halt any plans or to reject or cancel any work in the process of preparation, insofar as this is possible within the scope of the Supplier’s contractual obligations to its suppliers. Novartis will be responsible for any charges properly incurred by Supplier in line with and at the appropriate time as required, prior to, or because of, the cancellation or amendment and which cannot be reasonably recovered by the Supplier. For the avoidance of doubt, the Supplier shall be obliged to mitigate its losses always and Novartis shall not be liable to pay any part of the fee in respect of the period after the cancellation or amendment. 4.7 Novartis shall have the right to reject goods with apparent defects within 30 days of acceptance at agreed location and goods with hidden defects within 30 days of their discovery. Equally, the Supplier shall bear any and all costs resulting from poor quality of the goods delivered (including but not limited to return, disposal, transportation of new goods, repackaging, etc.).

Performance of the Services. 4.1 The Supplier shall provide the Services Services/deliver Goods in accordance with the standards of care and skill to be reasonably expected of an expert competent in the field of providing services services/delivering goods of the general nature of the Services/Goods. 4.2 The Supplier agrees to correct, free of charge, any errors in the Supplier’s work which are not due to any error, act or omission of Novartis and which either become apparent to the Supplier or which are notified to the Supplier in writing by Novartis. 4.3 Subject to agreement with Novartis, the Supplier may NOT sub-contract the Services/Goods delivery. 4.4 The Supplier will perform the Services Services/deliver Goods at such locations identified in the PO, unless requested otherwise by Novartis. 4.5 The Supplier shall ensure that all personnel performing the Services Services/delivering Goods (“Staff”) possess the necessary qualifications, knowledge and experience. If at any time, Novartis believes in its reasonable opinion that the Staff are unsuitable to perform the Services/deliver Goods, the Supplier shall at the request of Novartis and within a reasonable time, replace such Staff with suitable personnel. 4.6 The Supplier shall take all reasonable steps to comply with any requests from Novartis to amend or halt any plans or to reject or cancel any work in the process of preparation, insofar as this is possible within the scope of the Supplier’s contractual obligations to its suppliers. Novartis will be responsible for any charges properly incurred by Supplier in line with and at the appropriate time as required, prior to, or because of, the cancellation or amendment and which cannot be reasonably recovered by the Supplier. For the avoidance of doubt, the Supplier shall be obliged to mitigate its losses always and Novartis shall not be liable to pay any part of the fee in respect of the period after the cancellation or amendment.

Performance of the Services. 4.1 5.1 The Supplier shall provide the Services in accordance with the standards of care and skill to be reasonably expected of an expert competent in the field of providing services of the general nature of the Services. 4.2 5.2 The Supplier agrees to correct, free of charge, any errors in the Supplier’s work which are not due to any error, act or omission of Novartis and which either become apparent to the Supplier or which are notified to the Supplier in writing by Novartis. 4.3 5.3 Subject to agreement with Novartis, the Supplier may NOT sub-contract the Services. 4.4 5.4 The Supplier will perform the Services at such locations identified in the PO, unless requested otherwise by Novartis. 4.5 5.5 The Supplier shall ensure that all personnel performing the Services (“Staff”) possess the necessary qualifications, knowledge and experience. If at any time, Novartis believes in its reasonable opinion that the Staff are unsuitable to perform the Services, the Supplier shall at the request of Novartis and within a reasonable time, replace such Staff with suitable personnel. 4.6 5.6 The Supplier shall take all reasonable steps to comply with any requests from Novartis to amend or halt any plans or to reject or cancel any work in the process of preparation, insofar as this is possible within the scope of the Supplier’s contractual obligations to its suppliers. Novartis will be responsible for any charges properly incurred by Supplier in line with and at the appropriate time as required, prior to, or because of, the cancellation or amendment and which cannot be reasonably recovered by the Supplier. For the avoidance of doubt, the Supplier shall be obliged to mitigate its losses always and Novartis shall not be liable to pay any part of the fee in respect of the period after the cancellation or amendment.