Common use of Supplier’s Representative Clause in Contracts

Supplier’s Representative. 18.2.1 If the Supplier’s Representative is not named in the Contract, then within fourteen (14) days of the Effective Date, the Supplier shall appoint the Supplier’s Representative and shall request the Purchaser in writing to approve the person so appointed. The request must be accompanied by a detailed curriculum vitae for the nominee, as well as a description 18.2.2 of any other System or non-System responsibilities the nominee would retain while performing the duties of the Supplier’s Representative. If the Purchaser does not object to the appointment within fourteen (14) days, the Supplier’s Representative shall be deemed to have been approved. If the Purchaser objects to the appointment within fourteen (14) days giving the reason therefore, then the Supplier shall appoint a replacement within fourteen (14) days of such objection in accordance with this GCC Clause 18.2.1. 18.2.3 Subject to the extensions and/or limitations specified in the SCC (if any), the Supplier’s Representative shall have the authority to represent the Supplier on all day-to-day matters relating to the System or arising from the Contract. The Supplier’s Representative shall give to the Project Manager all the Supplier’s notices, instructions, information, and all other communications under the Contract. All notices, instructions, information, and all other communications given by the Purchaser or the Project Manager to the Supplier under the Contract shall be given to the Supplier’s Representative or, in its absence, its deputy, except as otherwise provided for in this Contract. 18.2.4 The Supplier shall not revoke the appointment of the Supplier’s Representative without the Purchaser’s prior written consent, which shall not be unreasonably withheld. If the Purchaser consents to such an action, the Supplier shall appoint another person of equal or superior qualifications as the Supplier’s Representative, pursuant to the procedure set out in GCC Clause 18.2.1. 18.2.5 The Supplier’s Representative and staff are obliged to work closely with the Purchaser’s Project Manager and staff, act within their own authority, and abide by directives issued by the Purchaser that are consistent with the terms of the Contract. The Supplier’s Representative is responsible for managing the activities of its personnel and any subcontracted 18.2.6 The Supplier’s Representative may, subject to the approval of the Purchaser (which shall not be unreasonably withheld), at any time delegate to any person any of the powers, functions, and authorities vested in him or her. Any such delegation may be revoked at any time. Any such delegation or revocation shall be subject to a prior notice signed by the Supplier’s Representative and shall specify the powers, functions, and authorities thereby delegated or revoked. No such delegation or revocation shall take effect unless and until a copy of such a notice has been delivered to the Purchaser and the Project Manager. 18.2.7 Any act or exercise by any person of powers, functions and authorities so delegated to him or her-in accordance with GCC Clause 18.2.5 shall- be deemed to be an act or exercise by the Supplier’s Representative.

Appears in 2 contracts

Samples: Build, Operate and Transfer (Bot) Agreement (On Track Innovations LTD), Build, Operate and Transfer (Bot) Agreement (On Track Innovations LTD)

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Supplier’s Representative. 18.2.1 If The Supplier shall appoint a representative with the proper technical background and experience ("Supplier's Representative"). Unless the Supplier’s 's Representative is not named already identified in the Contract, then within fourteen (14) days of the Effective DateKey Information Table, the Supplier shall appoint the Supplier’s 's Representative not later than five (5) Business Days after the Signature Date. The Supplier's Representative shall be: fully authorised to deal with the Project Company and with the Project Company's Representative in the name and on behalf of the Supplier for all matters relating to the execution of the Supply Works; and the principal point of contact with the Project Company and shall request forward the Purchaser in writing notices received from the Project Company to approve the person so appointedSupplier. The request must be accompanied Supplier's Representative shall on behalf of the Supplier receive the Project Company's instructions under Clause 3.5 (Project Company's Instructions). Any approval, certificate, consent, examination, inspection, instruction, notice, proposal, request, test or similar act by a detailed curriculum vitae for the nominee, Supplier's Representative shall have the same effect as well as a description 18.2.2 of any other System or non-System responsibilities though the nominee would retain while performing the duties act had been an act of the Supplier’s Representative. If the Purchaser Supplier wishes to replace any person appointed as the Supplier's Representative, it shall obtain the Project Company's prior written consent. Subcontracting23 Subject to Clause 4.12(b), the Supplier may not subcontract any part of the Supply Works to Sub-Suppliers without the Project Company's prior written consent (not to be unreasonably withheld or delayed). The Supplier may subcontract its obligations in relation to any part of the Supply Works if: such Sub-Supplier is named in Schedule 11 (Approved Sub-Suppliers) and then only for the equipment/material for which such Subcontractor has been listed; or such subcontracts have individually or in aggregate a value of less than the Minimum Subcontract Value. Where the Supplier elects to subcontract the Supply Works or any part thereof, this does not object to relieve the appointment within fourteen (14) days, the Supplier’s Representative shall be deemed to have been approved. If the Purchaser objects to the appointment within fourteen (14) days giving the reason therefore, then Supplier of any liability or obligation under this Agreement and the Supplier shall appoint a replacement within fourteen (14) days at all times remain fully responsible for the performance of such objection the Supply Works in accordance with this GCC Clause 18.2.1. 18.2.3 Subject Agreement notwithstanding any default or failure to perform by any Sub-Supplier. The Project Company may require the extensions and/or limitations specified removal of any Sub-Supplier engaged by the Supplier in relation to performance of the Supply Works if in the SCC (if any)Project Company's reasonable opinion, the Sub-Supplier’s Representative shall have the authority to represent the Supplier on all day-to-day matters relating to the System 's performance or arising from the Contract. The Supplier’s Representative shall give to the Project Manager all the Supplier’s notices, instructions, information, conduct is or has been unsatisfactory (and all other communications under the Contract. All notices, instructions, information, has not been resolved within a reasonable time) and all other communications given by the Purchaser or the Project Manager to the Supplier under the Contract shall be given to the Supplier’s Representative or, in its absence, its deputy, except as otherwise provided for in this Contract. 18.2.4 The Supplier shall not revoke the appointment of the Supplier’s Representative without the Purchaser’s prior written consent, which shall not be unreasonably withheld. If the Purchaser consents to such an action, the Supplier shall appoint another person of equal or superior qualifications as the promptly remove such Sub-Supplier’s Representative, pursuant to the procedure set out in GCC Clause 18.2.1. 18.2.5 The Supplier’s Representative and staff are obliged to work closely with the Purchaser’s Project Manager and staff, act within their own authority, and abide by directives issued by the Purchaser that are consistent with the terms of the Contract. The Supplier’s Representative is responsible for managing the activities of its personnel and any subcontracted 18.2.6 The Supplier’s Representative may, subject to the approval of the Purchaser (which shall not be unreasonably withheld), at any time delegate to any person any of the powers, functions, and authorities vested in him or her. Any such delegation may be revoked at any time. Any such delegation or revocation shall be subject to a prior notice signed by the Supplier’s Representative and shall specify the powers, functions, and authorities thereby delegated or revoked. No such delegation or revocation shall take effect unless and until a copy of such a notice has been delivered to the Purchaser and the Project Manager. 18.2.7 Any act or exercise by any person of powers, functions and authorities so delegated to him or her-in accordance with GCC Clause 18.2.5 shall- be deemed to be an act or exercise by the Supplier’s Representative.

Appears in 1 contract

Samples: Supply Agreement

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Supplier’s Representative. 18.2.1 If The Supplier shall appoint a representative with the proper technical background and experience ("Supplier's Representative"). Unless the Supplier’s 's Representative is not named already identified in the Contract, then within fourteen (14) days of the Effective DateKey Information Table, the Supplier shall appoint the Supplier’s 's Representative not later than five (5) Business Days after the Signature Date. The Supplier's Representative shall be: fully authorised to deal with the Project Company and with the Project Company's Representative in the name and on behalf of the Supplier for all matters relating to the execution of the Works; and the principal point of contact with the Project Company and shall request forward the Purchaser in writing notices received from the Project Company to approve the person so appointedSupplier. The request must be accompanied Supplier's Representative shall on behalf of the Supplier receive the Project Company's instructions under Clause 3.5 (Project Company's Instructions). Any approval, certificate, consent, examination, inspection, instruction, notice, proposal, request, test or similar act by a detailed curriculum vitae for the nominee, Supplier's Representative shall have the same effect as well as a description 18.2.2 of any other System or non-System responsibilities though the nominee would retain while performing the duties act had been an act of the Supplier’s Representative. If the Purchaser Supplier wishes to replace any person appointed as the Supplier's Representative, it shall obtain the Project Company's prior written consent. Subcontracting21 Subject to Clause 4.12(b), the Supplier may not subcontract any part of the Supply Works to Sub-Suppliers without the Project Company's prior written consent (not to be unreasonably withheld or delayed). The Supplier may subcontract its obligations in relation to any part of the Supply Works if: such Sub-Supplier is named in Schedule 11 (Approved Sub-Suppliers) and then only for the equipment/material for which such Subcontractor has been listed; or such subcontracts have individually or in aggregate a value of less than the Minimum Subcontract Value. Where the Supplier elects to subcontract the Supply Works or any part thereof, this does not object to relieve the appointment within fourteen (14) days, the Supplier’s Representative shall be deemed to have been approved. If the Purchaser objects to the appointment within fourteen (14) days giving the reason therefore, then Supplier of any liability or obligation under this Agreement and the Supplier shall appoint a replacement within fourteen (14) days at all times remain fully responsible for the performance of such objection the Supply Works in accordance with this GCC Clause 18.2.1. 18.2.3 Subject Agreement notwithstanding any default or failure to perform by any Sub-Supplier. The Project Company may require the extensions and/or limitations specified removal of any Sub-Supplier engaged by the Supplier in relation to performance of the Supply Works if in the SCC (if any)Project Company's reasonable opinion, the Sub-Supplier’s Representative shall have the authority to represent the Supplier on all day-to-day matters relating to the System 's performance or arising from the Contract. The Supplier’s Representative shall give to the Project Manager all the Supplier’s notices, instructions, information, conduct is or has been unsatisfactory (and all other communications under the Contract. All notices, instructions, information, has not been resolved within a reasonable time) and all other communications given by the Purchaser or the Project Manager to the Supplier under the Contract shall be given to the Supplier’s Representative or, in its absence, its deputy, except as otherwise provided for in this Contract. 18.2.4 The Supplier shall not revoke the appointment of the Supplier’s Representative without the Purchaser’s prior written consent, which shall not be unreasonably withheld. If the Purchaser consents to such an action, the Supplier shall appoint another person of equal or superior qualifications as the promptly remove such Sub-Supplier’s Representative, pursuant to the procedure set out in GCC Clause 18.2.1. 18.2.5 The Supplier’s Representative and staff are obliged to work closely with the Purchaser’s Project Manager and staff, act within their own authority, and abide by directives issued by the Purchaser that are consistent with the terms of the Contract. The Supplier’s Representative is responsible for managing the activities of its personnel and any subcontracted 18.2.6 The Supplier’s Representative may, subject to the approval of the Purchaser (which shall not be unreasonably withheld), at any time delegate to any person any of the powers, functions, and authorities vested in him or her. Any such delegation may be revoked at any time. Any such delegation or revocation shall be subject to a prior notice signed by the Supplier’s Representative and shall specify the powers, functions, and authorities thereby delegated or revoked. No such delegation or revocation shall take effect unless and until a copy of such a notice has been delivered to the Purchaser and the Project Manager. 18.2.7 Any act or exercise by any person of powers, functions and authorities so delegated to him or her-in accordance with GCC Clause 18.2.5 shall- be deemed to be an act or exercise by the Supplier’s Representative.

Appears in 1 contract

Samples: Supply Agreement

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