Provision of the Service. 4.1 The Authorities agree that: 4.1.1 with effect from [ ] [ ] will commence the delivery of the Services in Schedule 1 as a [ ] Shared Service to be continued in accordance with clause 2; 4.1.2 the [ ]Shared Service will be operated so that each Relevant Employee member can be required to undertake work for any of the Authorities, and not just the Authority which employs him/her and 4.1.3 the Services shall be delivered by the Host Authority in accordance with the Service Level Agreement (as may be amended from time to time with the agreement of the Authorities, the MKSD and the Board and which shall be reviewed annually by the Board). 4.2 The Authorities acknowledge and agree that: 4.2.1 [ ] shall be responsible for the administration, management, operation and delivery of the [ ] Shared Service in its capacity as the Host Authority; 4.2.2 [ ] accepts no liability whatsoever (including, but not limited to, liability for loss, damage, costs or interest) which [ ] and [ ] have incurred or might incur) howsoever caused or incurred arising under or in connection with: 4.2.2.1 any Relevant Contracts entered into by [ ] or [ ] or any other third party contracts; or 4.2.2.2 revenue or capital budgets which are not within [ ] control; and 4.3 The Authorities acknowledge and agree that in respect of liabilities incurred prior to [ date] or during the Term of this Agreement where a material breach of this Agreement or default by any Authority and/or any of its Relevant Contractors causes 4.4 Insofar as any issue or dispute arising from the arrangements under this Agreement or under any Relevant Contract adversely affects or might adversely affect the provision of the Services, the Authorities agree that they shall not commence legal proceedings or defend or reach a compromise in connection with the issue or dispute or incur costs, damages or other liabilities (other than in respect of the payment for goods or services which have been provided by a Relevant Contractor under a Contract) without prior notification to the Head of [ ] Shared Service and the MKSD and the agreement of the Board (whose consent shall not be unreasonably withheld or delayed).
Appears in 3 contracts
Samples: Collaboration Agreement, Collaboration Agreement, MKS Model Shared Service Collaboration Agreement
Provision of the Service. 4.1 The Authorities agree that:
4.1.1 with effect from [ ] [ ] will commence the delivery of the Services in Schedule 1 as a [ ] Shared Service to be continued in accordance with clause 2;
4.1.2 the [ ]Shared Service will be operated so that each Relevant Employee member can be required to undertake work for any of the Authorities, and not just the Authority which employs him/her and
4.1.3 the Services shall be delivered by the Host Authority in accordance with the Service Level Agreement (as may be amended from time to time with the agreement of the Authorities, the MKSD and the Board and which shall be reviewed annually by the Board).
4.2 The Authorities acknowledge and agree that:
4.2.1 [ ] shall be responsible for the administration, management, operation and delivery of the [ ] Shared Service in its capacity as the Host Authority;
4.2.2 [ ] accepts no liability whatsoever (including, but not limited to, liability for loss, damage, costs or interest) which [ ] and [ ] have incurred or might incur) howsoever caused or incurred arising under or in connection with:
4.2.2.1 any Relevant Contracts entered into by [ ] or [ ] or any other third party contracts; or
4.2.2.2 revenue or capital budgets which are not within [ ] control; and
4.3 The Authorities acknowledge and agree that in respect of liabilities incurred prior to [ date] or during the Term of this Agreement where a material breach of this Agreement or default by any Authority and/or any of its Relevant Contractors causescauses an adverse impact on the provision of MKS [ ] Shared Service referred to in clauses 12.5, 16 and 17 below, the other Authorities shall not be responsible for those liabilities or any costs of or in connection with them, which shall be liabilities of either defaulting Authority (as the case may be).
4.4 Insofar as any issue or dispute arising from the arrangements under this Agreement or under any Relevant Contract adversely affects or might adversely affect the provision of the Services, the Authorities agree that they shall not commence legal proceedings or defend or reach a compromise in connection with the issue or dispute or incur costs, damages or other liabilities (other than in respect of the payment for goods or services which have been provided by a Relevant Contractor under a Contract) without prior notification to the Head of [ ] Shared Service and the MKSD and the agreement of the Board (whose consent shall not be unreasonably withheld or delayed).
Appears in 1 contract
Samples: Collaboration Agreement
