Responsibilities towards each other. 3.4.3.1 Each Party undertakes to use reasonable endeavours: (a) to notify each of the other Parties promptly of any significant delay in its performance; (b) to inform each of the other Parties of relevant communications it receives from third parties in relation to the Project; (c) to comply with the applicable procedures and to use the applicable tools for the marking and handling of information exchanged between Parties in the performance of the Project as decided by the Project Board. 3.4.3.2 Each Party shall use reasonable endeavours to ensure the accuracy of any information or materials it supplies under this CA or the GA and promptly to correct any error in such information or materials of which it is notified or of which it becomes aware. 3.4.3.3 In addition to the obligations specified in the GA, and unless approved to the contrary by the Project Board or agreed to the contrary by the Parties (for example if the facts are stated in Annex I of the GA), each Party agrees not knowingly to use, in the execution of the Project: (a) any Background excluded pursuant to the GA, or (b) any Background listed as excluded in Annex 4 to this CA where such use would result in such excluded Background being Needed for the Use of Foreground. 3.4.3.4 The following shall apply in relation to Subcontractors: (a) Each Party shall be fully responsible for the supervision of its Subcontractors and shall enter into appropriate arrangements for such purpose with its Subcontractors. These arrangements shall as appropriate require that the obligations in this CA shall also apply to, and be fulfilled by, such Subcontractor. (b) Each Party engaging a Subcontractor shall ensure that: (i) except in the case of subcontracting to Affiliates, the Co- ordinator is promptly informed of the name of such Subcontractor and the subcontracted tasks; (ii) the subcontract does not impair fulfilment of the GA and of this CA; (iii) the other Parties' rights in relation to such Party (including without limitation Access Rights) are the same as would have been the case had the contracting Party performed its share of the Project and/or those obligations itself; (iv) no such Subcontractor (except Affiliates of any Party in accordance with Section 4.2.2) shall have access to any other Party's Foreground, Background or Sideground without that other Party's prior written consent; and (v) each Subcontractor is bound by the non-disclosure provisions of Section 4.3 below. 3.4.3.5 If this CA conflicts with Annex 1 of the GA, unless the Parties agree otherwise, they shall cooperate in requesting the Commission to change such Annex of the GA to accord with this CA.
Appears in 1 contract
Samples: Consortium Agreement
Responsibilities towards each other. 3.4.3.1 Each Party undertakes to use reasonable endeavoursendeavors:
(a) to notify each of the other Parties promptly of any significant delay in its performance;
(b) to inform each of the other Parties of relevant communications it receives from third parties in relation to the Project;
(c) to comply with the applicable procedures and to use the applicable tools for the marking and handling of information exchanged between Parties in the performance of the Project as decided by the Project BoardSteering Committee.
3.4.3.2 Each Party shall use reasonable endeavours endeavors to ensure the accuracy of any information or materials it supplies under this CA or the GA DoW and promptly to correct any error in such information or materials of which it is notified or of which it becomes aware.
3.4.3.3 In addition to the obligations specified in the GADoW, and unless approved to the contrary by the Project Board or agreed to the contrary by the Parties (for example if the facts are stated in Annex I of the GA)Parties, each Party agrees not knowingly to use, in the execution of the Project:
(a) any Background excluded pursuant to the GADoW, or
(b) any Background listed as excluded in Annex 4 2 to this CA where such use would result in such excluded Background being Needed for the Use of Foreground.
3.4.3.4 The following shall apply in relation to Subcontractors:
(a) Each Party shall be fully responsible for the supervision of its Subcontractors and shall enter into appropriate arrangements for such purpose with its Subcontractors. These arrangements shall as appropriate require that the obligations in this CA shall also apply to, and be fulfilled by, such Subcontractor.
(b) Each Party engaging a Subcontractor shall ensure that:
(i) except in the case of subcontracting to Affiliates, the Co- ordinator Coordinator is promptly informed of the name of such Subcontractor and the subcontracted tasks;
(ii) the subcontract does not impair fulfilment of the GA DoW and of this CA;
(iii) the other Parties' rights in relation to such Party (including without limitation Access Rights) are the same as would have been the case had the contracting Party performed its share of the Project and/or those obligations itself;
(iv) no such Subcontractor (except Affiliates of any Party in accordance with Section 4.2.2) shall have access to any other Party's Foreground, Foreground or Background or Sideground without that other Party's prior written consent; and
(v) each Subcontractor is bound by the non-disclosure provisions of Section 4.3 below.
3.4.3.5 If this CA conflicts with Annex 1 of the GA, unless the Parties agree otherwise, they shall cooperate in requesting the Commission to change such Annex of the GA to accord with this CA.
Appears in 1 contract
Samples: Consortium Agreement
Responsibilities towards each other. 3.4.3.1 Each Party undertakes to use reasonable endeavours:
(a) to notify each of the other Parties promptly of any significant delay in its performance;
(b) to inform each of the other Parties of relevant communications it receives from third parties in relation to the Project;
(c) to comply with the applicable procedures and to use the applicable tools for the marking and handling of information exchanged between Parties in the performance of the Project as decided by the Project BoardGeneral Assembly.
3.4.3.2 Each Party shall use reasonable endeavours to ensure the accuracy of any information or materials it supplies under this CA or the GA APCA and promptly to correct any error in such information or materials of which it is notified or of which it becomes aware.
3.4.3.3 In addition to the obligations specified in the GA, and unless approved to the contrary by the Project Board General Assembly or agreed to the contrary by the Parties (for example if the facts are stated in Annex I of the GA)Parties, each Party agrees not knowingly to use, in the execution of the Project:
(a) any Background excluded pursuant to the GA, or
(b) any Background listed as excluded in Annex 4 3B to this CA APCA where such use would result in such excluded Background being Needed for the Use of Foreground.
3.4.3.4 The following shall apply in relation to Subcontractors:
(a) Each Party shall be fully responsible for the supervision of its Subcontractors and shall enter into appropriate arrangements for such purpose with its Subcontractors. These Such arrangements shall as appropriate require that the obligations in this CA APCA shall also apply to, and be fulfilled by, such Subcontractor.
(b) Each Party engaging a Subcontractor shall ensure that:
(i) except in the case of subcontracting to Affiliates, the Co- Co-ordinator is promptly informed of the name of such Subcontractor and the subcontracted tasks;
(ii) the subcontract does not impair fulfilment of the GA and of this CAPCA;
(iii) the other Parties' rights in relation to such Party (including without limitation Access Rights) are the same as would have been the case had the contracting Party performed its share of the Project and/or those obligations itself;
(iv) no such Subcontractor (except Affiliates of any Party in accordance with Section 4.2.2) shall have access to any other Party's Foreground, Background or Sideground without that other Party's prior written consent; and
(v) each Subcontractor is bound by the non-disclosure provisions of Section 4.3 below.
3.4.3.5 If this CA conflicts with Annex 1 of the GA, unless the Parties agree otherwise, they shall cooperate in requesting the Commission to change such Annex of the GA to accord with this CA.
Appears in 1 contract
Samples: Consortium Agreement
Responsibilities towards each other. 3.4.3.1 Each Party undertakes to use reasonable endeavours:
(a) to notify each of the other Parties promptly of any significant delay in its performance;
(b) to inform each of the other Parties of relevant communications it receives from third parties in relation to the Project;
(c) to comply with the applicable procedures and to use the applicable tools for the marking and handling of information exchanged between Parties in the performance of the Project as decided by the Project BoardGeneral Assembly.
3.4.3.2 Each Party shall use reasonable endeavours to ensure the accuracy of any information or materials it supplies under this CA or the GA APCA and promptly to correct any error in such information or materials of which it is notified or of which it becomes aware.
3.4.3.3 In addition to the obligations specified in the GA, and unless approved to the contrary by the Project Board General Assembly or agreed to the contrary by the Parties (for example if the facts are stated in Annex I of the GA)Parties, each Party agrees not knowingly to use, in the execution of the Project:
(a) any Background excluded pursuant to the GA, or
(b) any Background listed as excluded in Annex 4 3B to this CA APCA where such use would result in such excluded Background being Needed for the Use of Foreground.
3.4.3.4 The following shall apply in relation to Subcontractors:
(a) Each Party shall be fully responsible for the supervision of its Subcontractors and shall enter into appropriate arrangements for such purpose with its Subcontractors. These Such arrangements shall as appropriate require that the obligations in this CA APCA shall also apply to, and be fulfilled by, such Subcontractor.
(b) Each Party engaging a Subcontractor shall ensure that:
(i) except in the case of subcontracting to Affiliates, the Co- ordinator is promptly informed of the name of such Subcontractor and the subcontracted tasks;
(ii) the subcontract does not impair fulfilment of the GA and of this CAAPCA;
(iii) the other Parties' rights in relation to such Party (including without limitation Access Rights) are the same as would have been the case had the contracting Party performed its share of the Project and/or those obligations itself;
(iv) no such Subcontractor (except Affiliates of any Party in accordance with Section 4.2.2) shall have access to any other Party's Foreground, Foreground or Background or Sideground without that other Party's prior written consent; and
(v) each Subcontractor is bound by the non-disclosure provisions of Section 4.3 below.
3.4.3.5 If this CA conflicts with Annex 1 of the GA, unless the Parties agree otherwise, they shall cooperate in requesting the Commission to change such Annex of the GA to accord with this CA.
Appears in 1 contract
Samples: Consortium Agreement