Common use of Right to Sub-Contractors and Staff Clause in Contracts

Right to Sub-Contractors and Staff. In carrying out the Services, the Contractor may rely only on the services of the Approved Sub-Contractors and the Approved Staff. In this respect: The list of the Approved Sub-Contractors and the Approved Staff may, from time to time, be modified or supplemented always (i) subject to a prior written consent of the Company, (ii) compliance of new sub-contractors or staff with the qualification criteria under the Procurement Procedure documents and (iii) otherwise in accordance with the terms and subject to the criteria contained in the Applicable Laws. The Contractor shall have an obligation to notify the Company in writing of any changes to Approved Sub-Contractor or the Approved Staff data occurring during the term of this Agreement and of the required information for any new Approved Sub-Contractors or the Approved Staff member which it may subsequently engage toward provision of the Services. The Contractor shall obtain prior written consent of the Company for the replacement of each Approved Sub-Contractor or each Approved Staff member or involvement of any additional persons. Review and evaluation of the replacement of Approved Sub-Contractors or Approved Staff shall be carried out, and the consent or refusal to give consent shall be rendered by the Company in accordance with Applicable Laws (in particular, Article 62 of the Public Procurement Law of the Republic of Latvia) and this Agreement. The Contractor shall retain the complete responsibility for the proper performance of all of its obligations under this Agreement, and any act, failure to act, breach, or negligence on the part of any of its Approved Sub-Contractors or the Approved Staff shall, for the purposes of this Agreement, be deemed to be the act, failure to act, breach or negligence of the Contractor itself. The Contractor shall be responsible for the work of the Approved Staff and ensure that the Company has free access to the Approved Staff during the Company's working hours, including but not limited to no later than until the end of business day answer to e-mail or recall to the Company. The Contractor shall ensure that all Approved Staff members are fully available with respect to the Services. The Contractor shall ensure that the Approved Staff members participate in the meetings with the Company as requested by the Company from time to time. The Contractor must replace any Approved Staff member involved in the performance of the Service if requested by the Company and supported by the reasons such as repeated careless performance of duties, incompetence or negligence, non-fulfilment of obligations or duties stipulated in the Agreement, as well as other reasons prescribed under the Agreement (including the Technical Specification).

Appears in 6 contracts

Samples: Framework Agreement, Framework Agreement, Framework Agreement

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Right to Sub-Contractors and Staff. In carrying out the Services, the Contractor AsBo may only rely only on the services of the those Approved Sub-Contractors and the Approved Staff. In this respectStaff listed in Annex D: The list List of the Approved approved Sub-Contractors and the Approved Staff Staff, as such list may, from time to time, be modified or supplemented always (i) subject to a prior written consent of the Company, (ii) compliance of new sub-contractors or staff in agreement with the qualification criteria under the Procurement Procedure documents Principal and (iii) otherwise in accordance with the terms and subject to the criteria contained in the Applicable Lawsapplicable Public Procurement Law of the Republic of Latvia. Parties shall specify the name, contact details and legal representative(s) of each Approved Sub-Contractor as of the Effective Date in Annex D: List of approved Sub-Contractors and Staff. The Contractor AsBo shall have an obligation to notify the Company Principal in writing of any changes to Approved Sub-Contractor or the Approved Staff data specified in Annex D: List of approved Sub-Contractors and Staff occurring during the term of this Agreement and of the required information for any new Approved Sub-Contractors or the Approved Staff member which it may subsequently engage toward provision of the Services. The Contractor Pursuant to the Public Procurement Law of the Republic of Latvia the AsBo shall obtain prior written consent of the Company Principal for the replacement of each Approved Sub-Contractor or each Approved Staff member member, or each key personnel indicated in Annex D: List of approved Sub-Contractors and Staff and involvement of any additional personsSub-Contractors or Staff members, or key personnel. Review and evaluation of the replacement of Approved Sub-Contractors or Approved Staff shall be carried out, and the consent or refusal to give consent shall be rendered by the Company Principal in accordance with Applicable Laws (in particular, Article 62 of the Public Procurement Law of the Republic of Latvia) and this Agreement. The Contractor shall retain the complete responsibility for the proper performance of all of its obligations under this Agreement, and any act, failure to act, breach, or negligence on the part of any of its Approved Sub-Contractors or the Approved Staff shall, for the purposes of this Agreement, be deemed to be the act, failure to act, breach or negligence of the Contractor itself. The Contractor shall be responsible for the work of the Approved Staff and ensure that the Company has free access to the Approved Staff during the Company's working hours, including but not limited to no later than until the end of business day answer to e-mail or recall to the Company. The Contractor shall ensure that all Approved Staff members are fully available with respect to the Services. The Contractor shall ensure that the Approved Staff members participate in the meetings with the Company as requested by the Company from time to time. The Contractor must replace any Approved Staff member involved in the performance of the Service if requested by the Company and supported by the reasons such as repeated careless performance of duties, incompetence or negligence, non-fulfilment of obligations or duties stipulated in the Agreement, as well as other reasons prescribed under the Agreement (including the Technical Specification).

Appears in 1 contract

Samples: Framework Agreement

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