Supplier’s Performance Sample Clauses

Supplier’s Performance. 5.1 The Suppliers shall perform all Call-Off Contracts entered into under this DPS Framework Agreement by the Authority and/or any other Participating Authority in accordance with: 5.1.1 the requirements of this DPS Framework Agreement; 5.1.2 the provisions of the respective Call-Off Contracts; 5.1.3 the provisions of the Catalogue Agreement; 5.1.4 all Policies provided to the Suppliers or to which access is given to Suppliers by the Authority pursuant to Clause 7.1 of this Schedule 2; and 5.1.5 all policies provided to the Suppliers or to which access is given to Suppliers by any relevant Participating Authority pursuant to Clause 10.2 of Schedule 2 of the Call-Off Terms and Conditions of the relevant Call-Off Contract.
AutoNDA by SimpleDocs
Supplier’s Performance. EMBARQ AND SYNACOR CONFIDENTIAL INFORMATION - RESTRICTED
Supplier’s Performance. EMBARQ and SYNACOR Master Services Agreement EMBARQ AND SYNACOR CONFIDENTIAL INFORMATION — RESTRICTED 8 of 37 Supplier will perform the Services and provide Deliverables in accordance with this Agreement and the applicable Order, including but not limited to all specified time requirements. Embarq may inspect Supplier’s performance; however, Embarq’s inspection (or lack of inspection) will not be an acceptance of Services or Deliverables, a waiver of any right or warranty, or preclude Embarq from rejecting non-conforming Services or Deliverables in accordance with any acceptance terms and criteria set forth in an applicable Order.
Supplier’s Performance. The evaluation of the Supplier's performance is carried out by PRO on a monthly basis assigning a maximum score of 100 points and takes into consideration - quality level (RPPM, complaints) - logistics - level of service - competitiveness Suppliers are then ranked according to the overall score by assigning them a supply class according to the following table: Class A Between 75 and 100 Supplier with excellent performance Class B Between 60 and 74 Supplier with sufficient performance Class C Between 46 and 59 Supplier with insufficient performance Class D <45 Supplier with severely insufficient performance As a result of the performance evaluation, PRO periodically sends to the Supplier a communication regarding the class of supply assigned. Upon receipt, if the supplier finds any inaccuracies, they may request correction by notifying the Procurement Office in writing of the reasons for the inaccuracies. In case of negative performance PRO will immediately inform the Supplier, and an action plan and/or specific sanctions will be requested of them.
Supplier’s Performance of Services that involve the collection, storage, handling, or disposal of AT&T confidential Information;
Supplier’s Performance. All necessary LABOR, MATERIALS, SERVICES, GOODS and EQUIPMENT that the SUPPLIER requires to execute the PO shall be supplied by SUPPLIER, unless otherwise agreed to in writing. If SUPPLIER shall enter the property of ENTHALPY’s customer, SUPPLIER agrees to comply with all requirements of ENTHALPY’s customer in addition to this AGREEMENT and the PO. SUPPLIER may only subcontract its performance under the PO by first obtaining ENTHALPY’s prior written consent.
Supplier’s Performance. 3.1 Delivery dates and quantities shall apply as set out in the Purchase Order or as otherwise stipulated by BMW. The Supplier acknowledges that delivery times and quantities are of the essence and BMW may reject and/or return at the Supplier’s expense any Goods and/or Services or part thereof received before or after the delivery date or in excess of the quantity specified in the Purchase Order. 3.2 The Supplier agrees to take all actions necessary and appropriate to ensure that Goods and/or Services are received by BMW as required under the Agreement. The Supplier will inform BMW promptly of any occurrence, which will or may result in any delay of delivery at any time or which will or may result in the Supplier`s inability to supply the quantities specified in the Purchase Order. The Supplier shall also advise BMW in writing of corrective measures which the Supplier is taking to minimize the effect of such occurrence. 3.3 Except for excusable delay (hereinafter, “Excusable Delay”) as set forth in Clause 29 below in the event that the Supplier fails for any reason whatsoever to effect delivery consistent with the delivery dates specified in the Purchase Order, BMW shall be entitled to recover from the Supplier all actual, consequential and incidental losses and damages including, but not limited to, losses and damages relating to and arising out of incremental cost of labour, transportation, production changes and storage. 3.4 Each of the parties shall appoint in writing a project manager, where required, who is responsible for planning, coordinating and/or monitoring the Supplier’s performance. Upon BMW’s request the Supplier’s project manager shall inform BMW’s project manager as to the status of performance. 3.5 The Supplier shall verify all the information provided to it by BMW and shall ensure that it has a thorough understanding of what it is providing in terms of Goods and/or Services and carries out all necessary due diligence required to enable it to fully perform the provision of Goods and/or Services, and bears full responsibility for such actions. 3.6 The Supplier acknowledges that third parties engaged by BMW on planning and/or monitoring tasks are not authorised to represent BMW. In particular they shall not be authorised to extend delivery dates or to approve invoices, day rates or quantity surveys.
AutoNDA by SimpleDocs
Supplier’s Performance. 4.1. The Supplier is authorized to perform the processing services indicated in Annex B of this Agreement. 4.2. The purposes of the processing pursued by the Supplier consist of the execution of the Contract, stipulated so that the End-users can use the services of Servitly through a cloud platform (held by the Supplier). 4.3. The Supplier can not be held liable for the treatments, their purposes, and modalities carried out directly by the Data Controller (whether it is the Customer or another subject). 4.4. The content of the privacy policy and the need to indicate the methods of collecting consent shall be borne by the Data Controller (whether it is the Customer or another subject). In the event that the Supplier should have the task to provide for a user registration form, and therefore to collect Personal Data, the Data Controller (with the intermediation of the Customer or the Partner, where appropriate) will have to provide the texts and procedures to the Supplier. 4.5. It is not part of the tasks required to the Supplier to verify or go into the substance of the activities performed by the Data Controller, the Customer, and/or the Partner. Notwithstanding the above, it is understood that, where these activities prove to be illicit or contrary to security or public order, the Supplier is deemed to be free, as of now and without prior notice, to interrupt any processing and any service, without prejudice to the provision of the judicial authority.
Supplier’s Performance. 7.1 The Supplier shall monitor its performance of the Services and, within 5 Working Days of the end of each month, shall send the Authority a report (the "Performance Monitoring Report") summarising the Supplier's performance over the previous month. 7.2 The Performance Monitoring Report shall be in such format as agreed between the Parties from time to time and contain, as a minimum, the following information: (a) a summary of all Performance Failures that occurred during the previous month; (b) which Performance Failures remain outstanding and progress in resolving them; (c) the status of any outstanding Rectification Plan processes, including: (i) whether or not a Rectification Plan has been agreed; and (ii) where a Rectification Plan has been agreed, a summary of the Supplier’s progress in implementing that Rectification Plan; (d) the conduct and performance of any agreed periodic tests that have occurred, such as the annual failover test of the BCDR Plan; (e) relevant particulars of any aspects of the Supplier’s performance which fail to meet the requirements of this Agreement; (f) such other details as the Authority may reasonably require from time to time; (g) performance against its obligation to pay its Sub-contractors within 30 days of receipt of an undisputed invoice; and (h) Milestone trend chart, showing performance of the overall programme. 7.3 The Performance Monitoring Report shall be reviewed and their contents agreed by the Parties at the next Performance Review Meeting held in accordance with Clause 7.4. 7.4 The Parties shall attend meetings on a monthly basis (unless otherwise agreed) to review the Performance Monitoring Reports (the "Performance Review Meetings"). The Performance Review Meetings shall (unless otherwise agreed): (a) take place within 5 Working Days of the Performance Monitoring Report being issued by the Supplier; (b) take place at such location and time (within normal business hours) as the Authority shall reasonably require (unless otherwise agreed in advance); and (c) be attended by the Supplier Representative and the Authority Representative. 7.5 The Supplier shall keep appropriate documents and records (including help desk records, staff records, timesheets, training programmes, staff training records, supplier accreditation records, complaints received, etc.) in relation to the Services being delivered. The records and documents of the Supplier shall be available for inspection by the Authority and/or its nominee...

Related to Supplier’s Performance

  • CONTRACTOR’S PERFORMANCE 2.21.1 Contractor shall make citizen satisfaction a priority in providing services under this Agreement. Contractor shall train its employees to be customer service-oriented and to positively and politely interact with citizens when performing contract services. Contractor’s employees shall be clean, courteous, efficient, and neat in appearance and committed to offering the highest quality of service to the public. If, in the Director’s opinion, Contractor is not interacting in a positive and polite manner with citizens, he or she shall direct Contractor to take all remedial steps to conform to these standards

  • Seller’s Performance All of the covenants and obligations that Seller is required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), shall have been duly performed and complied with in all material respects.

  • Buyer’s Performance All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), shall have been performed and complied with in all material respects.

  • Purchaser’s Performance All of the other covenants and obligations that the Purchaser is required to comply with or to perform pursuant to this Agreement at or prior to the Closing (considered collectively), and each of said covenants and obligations (considered individually), shall have been complied with and performed in all material respects.

  • Services Performance All services are performed using generally recognized commercial practices and standards. Customer agrees to provide prompt notice of any such service concerns and HP will re-perform any service that fails to meet this standard.

  • Work Performance Xxxxxx agrees that all Services performed hereunder shall be performed on a best effort basis by employees, students, faculty, graduate assistants and staff having an appropriate experience and skill level and in compliance with the statement of work.

  • Contractor’s Performance Warranties Contractor represents and warrants to the State that: (i) Each and all of the services shall be performed in a timely, diligent, professional and skillful manner, in accordance with the highest professional or technical standards applicable to such services, by qualified persons with the technical skills, training and experience to perform such services in the planned environment. (ii) Any time software is delivered to the State, whether delivered via electronic media or the internet, no portion of such software or the media upon which it is stored or delivered will have any type of software routine or other element which is designed to facilitate unauthorized access to or intrusion upon; or unrequested disabling or erasure of; or unauthorized interference with the operation of any hardware, software, data or peripheral equipment of or utilized by the State. Without limiting the generality of the foregoing, if the State believes that harmful code may be present in any software delivered hereunder, Contractor will, upon State’s request, provide a new or clean install of the software. Notwithstanding the foregoing, Contractor assumes no responsibility for the State’s negligence or failure to protect data from viruses, or any unintended modification, destruction or disclosure. (iii) To the extent Contractor resells commercial hardware or software it purchased from a third party, Contractor will, to the extent it is legally able to do so, pass through any such third party warranties to the State and will reasonably cooperate in enforcing them. Such warranty pass-through will not relieve the Contractor from Contractor’s warranty obligations set forth herein.

  • Software Performance HP warrants that its branded software products will conform materially to their specifications and be free of malware at the time of delivery. HP warranties for software products will begin on the date of delivery and unless otherwise specified in Supporting Material, will last for ninety (90) days. HP does not warrant that the operation of software products will be uninterrupted or error-free or that software products will operate in hardware and software combinations other than as authorized by HP in Supporting Material.

  • Product Performance Contractor hereby warrants and represents that the Products acquired by the Authorized User under the terms and conditions of this Contract conform to the specifications, performance standards and documentation in the Authorized User Agreement., and the documentation fully describes the proper procedure for using the Products. Contractor further warrants and represents that if the Products acquired by the Authorized User pursuant to an Authorized User Agreement under this Contract include software application development, software application customization, software programming, software integration or similar items (“Software Deliverables”) then such Software Deliverables shall be free from defects in material and workmanship and conform with all requirements of the Contract and Authorized User Agreement for the warranty period of one (1) year from the date of acceptance of the completed project (“Project warranty period”). Contractor also warrants that the Products, in the form provided to the Authorized User, do not infringe any copyright, trademark, trade secret or other right of any third party.

  • Contract Performance C19.1 The Contractor shall ensure that: C19.1.1 the Goods conform in all respects with the Specification and, where applicable, with any sample or performance demonstration approved by the Authority; C19.1.2 the Goods operate in accordance with the relevant technical specifications and correspond with the requirements of the Specification and any particulars specified in the Contract; C19.1.3 the Goods conform in all respects with all applicable Laws; and C19.1.4 the Goods are free from defects in design, materials and workmanship and are fit and sufficient for all the purposes for which such Goods are ordinarily used and for any particular purpose made known to the Contractor by the Authority.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!