THE CLIENT'S RESPONSIBILITIES. A. The CLIENT shall promptly compensate the CONSULTANT in accordance with Section III of this Agreement.
B. The CLIENT shall place any and all previously acquired information in its custody at the disposal of the CONSULTANT for its use. Such information shall include but shall not be limited boundary surveys, topographic surveys, preliminary sketch plan layouts, building plans, soil surveys, drainage reports, abstracts, deed descriptions, tile maps and layouts, aerial photos, utility agreements, environmental reviews, and zoning limitations. The CONSULTANT may rely upon the accuracy and sufficiency of all such information in performing services unless otherwise instructed, in writing, by CLIENT.
C. The CLIENT will guarantee access to and make all provisions for entry upon both public and private portions of the project and pertinent adjoining properties.
D. The CLIENT will give prompt notice to the CONSULTANT whenever the CLIENT observes or otherwise becomes aware of any defect in the proposed project.
E. The CLIENT shall designate a liaison person to act as the CLIENT'S representative with respect to services to be rendered under this Agreement. Said representative shall have the authority to transmit instructions, receive instructions, receive information, interpret and define the CLIENT'S policies with respect to the project and CONSULTANT'S services. Xxxxxxx Xxxxxx – Public Works Director
F. The CLIENT shall provide such legal, accounting, independent cost estimating and insurance counseling services as may be required for completion of the consultant services described in this agreement.
G. The CLIENT will obtain any and all regulatory permits required for the proper and legal execution of the project.
H. The CLIENT will hire, when requested by the CONSULTANT, an independent test company to perform laboratory and material testing services, and soil investigation that can be justified for the proper design and construction of the project. The CONSULTANT shall assist the CLIENT in selecting a testing company. Payment for testing services shall be made directly to the testing company by the CLIENT and is not part of this Agreement.
THE CLIENT'S RESPONSIBILITIES. The Client acknowledges that it shall be responsible for performing the following in a reasonable and timely manner: (a) Coordination of any decision-making with parties other than Shake; (b) Provision of The Client Content in a form suitable for reproduction or incorporation into the Deliverables without further preparation, unless otherwise expressly provided in the Proposal documentation; (c)
THE CLIENT'S RESPONSIBILITIES. The Client shall (i) be responsible for their Users’ compliance with this Agreement, (ii) be solely responsible for the accuracy, quality, integrity and legality of the Client’s Data in which they allow, authorize or elect to upload into the Tovuti instance for which has been purchased by them and made available to the Client by Tovuti and of the means by which the Client acquired the Client’s Data, (iii) Make best efforts to prevent unauthorized access to or use of the Services, and notify Tovuti promptly of any such unauthorized access or use, and (iv) use the Services only in accordance with this Agreement and applicable laws and government regulations. The Client shall not (i) make the Services available to anyone other than the Users the Client authorize or grant permission to, (ii) sell, resell, rent or lease the Services, (iii) use the Services to store or transmit infringing, libelous, obscene or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy or intellectual property rights, (iv) use the Services to store or transmit Malicious Code, (v) interfere with or disrupt the integrity or performance of the Services or third-party data contained therein, (vi) attempt or permit others to attempt to gain unauthorized access to the Services or their related systems or networks, (vii) load test the Services in order to test scalability, or (viii) copy, reproduce, publicly perform or create derivative works based upon the Services or Documentation or make or have made any feature or functionality of the Services.
THE CLIENT'S RESPONSIBILITIES. 3.1 The Client undertakes to:
3.1.1 be responsible for ensuring the accuracy and timely authorisation of the Specification (if any) or any instructions given by it to Station10;
3.1.2 ensure that when at the Premises, Station10 personnel are provided with (the then applicable) Health and Safety law compliant working conditions;
3.1.3 make necessary preparations (if any) to the Premises prior to receiving the Deliverables;
3.1.4 recognise that the Price is based on the Assumptions and is responsible for fulfilling the Assumptions on which Station10 relies for the provision of the Services and/or Deliverables;
3.1.5 facilitate Station10’s access to the Premises and make available appropriate staff;
3.1.6 be responsible for any loss, damage or reduction in performance which in Station10’s reasonable opinion is attributable to equipment, programs and/or modifications made to the Deliverables (other than by Station10) to the associated environment and/or infrastructure.
THE CLIENT'S RESPONSIBILITIES. 4.1 The Client shall use its reasonable endeavours to co- operate with Commissum in order to facilitate timely completion of the Project.
4.2 The Client shall provide such information as may be required by Commissum for the performance of Commissum's obligations under this Agreement, such information to be as accurate and complete as possible and supplied in a timely manner to facilitate the achievement of any timescale commitments that may apply.
4.3 The Client shall provide, where applicable, adequate office accommodation and all necessary access to the areas in which the Project is to be performed at the Client's sites, and other facilities to enable Commissum's Staff to carry out the Project, taking all reasonable steps to ensure the health and safety of Commissum's Staff and associates while they are at the Client's sites.
4.4 The Client shall use its reasonable endeavours to ensure that its employees comply with Commissum's site procedures and regulations when at Commissum's premises.
4.5 The Client shall supply the Client Supplied Items to Commissum in accordance with the due dates set out in the Proposal and/or the Deliverables and otherwise as requested, orally or in writing, by Commissum.
4.6 The Client shall ensure that its Project Manager has sufficient authority to progress the Project and that the appropriate personnel attend Progress Meetings.
THE CLIENT'S RESPONSIBILITIES. A. The Client shall provide full information as to the requirements and educational program of the Project, including realistic budget limitations and scheduling.
B. The Client shall furnish a certified survey of the site, if required.
C. The Client shall furnish chemical, mechanical, or other tests and any geotechnical reports required for proper design and construction, including any borings or test pits necessary for determining subsoil conditions.
D. The Client shall furnish all inspection services.
E. The Client shall furnish environmental investigations, studies and reports required to meet California Environment Quality Act (CEQA) requirements.
F. The Client shall furnish all legal advice and services required for the project.
G. The Client shall notify the Architect of administrative procedures required and name a representative authorized to act in its behalf. The Client shall promptly render decisions pertaining thereto to avoid unreasonable delay in the progress of the project. The Client shall observe the procedure of issuing any orders to contractors only through the Architect.
H. During the Contractor's one year guarantee, the Client shall notify the Architect in writing of apparent deficiencies in material or workmanship.
THE CLIENT'S RESPONSIBILITIES i. The Client shall provide full and free access, remote or otherwise, to the System together with such information and assistance as is reasonably required by Adaptavist to enable it to perform its obligations under this Agreement. Delays arising as a result of the Client’s failure to deliver such access may be charged to the Client, at Adaptavist’s discretion, at the rate of the Fees specified in Schedule 1.
ii. The Client undertakes to provide such Assistance (defined below) as Adaptavist requires to deliver the Services as set out in Schedule 1, Sections B and C. Assistance includes (but is not limited to): access to the Client’s Staff; access to third parties employed by the Client; remote or local access to systems on which Adaptavist needs to work to deliver the Services; access to relevant information and documentation; access to the Internet over standard protocols including HTTP and HTTPS (Port 80 and 443/TCP); and access to other resources, as determined in advance of, or during the Term.
iii. Any delays resulting from the Client’s inability, or failure to render such Assistance in a timely manner may be charged to the Client, at Adaptavist’s discretion at the rate of the Fees specified in Schedule 1, Section D.
iv. It is the Client's responsibility to take adequate copies of data, operating and application software so that these and the System may be restored in the event of corruption or other similar loss arising due to the performance of this Agreement or for any other reason, howsoever caused.
v. From time to time we may advise you about action or inaction that we reasonably recommend should be taken in connection with the Services we perform. If you make any changes to any part of your Systems, then you must consult with us about such changes beforehand, so that we are not prevented in any way from providing the Services in accordance with the terms of this Agreement. In the event that you make such changes in the absence of, or contrary to, our advice in advance of such changes, or take any action or inaction that impairs in any way the Services from working properly (other than for any reason directly arising from the Services performed by Adaptavist) or which is contrary to the advice we or any other licensor gives you under this Agreement, then we shall not be responsible for such changes, action or inaction and we expressly exclude any liability arising directly or indirectly from such changes, action or inaction or from our inability...
THE CLIENT'S RESPONSIBILITIES i. The Client is responsible for all activity occurring under their User accounts and shall:
1. abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with their use of the Product(s) and Service, including those related to data privacy, international communications and the transmission of technical or Personal Information;
2. carry out all other Client responsibilities set out in this Agreement in a timely and efficient manner;
3. satisfy itself of the technical and organisational measures taken by Razor Thorn Security to protect against
(a) unauthorised or unlawful processing, (b) accidental loss or destruction of or (c) damage to Personal Information;
4. be solely responsible for procuring and maintaining its network connections and telecommunications links from its systems to Razor Thorn Security, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the Client’s network connections or telecommunications links or caused by the internet;
5. ensure that each User shall keep a secure password for his/her use of the Product(s) and Service, that such password shall be updated in accordance with any requirements notified to the User in the Razor Thorn Security software and that each User shall keep his/her password confidential;
6. notify Razor Thorn Security immediately of any unauthorised use of any password or account or any other known or suspected breach of security;
7. report to Razor Thorn Security immediately any copying or distribution of Content that is known or suspected by the Client or their Users; and
8. not impersonate another User or provide false identity information to gain access to or use the Product(s) or Service.
THE CLIENT'S RESPONSIBILITIES. 1 1 .1 The Client promises and agrees to: Contractor water and electricity at no charge to the Contractor on condition that such services be used by the Contractor solely for the provision of the Works; give the Contractor no less than 3 days written notice of any dates on which the Contractor is not to be admitted onto the Site for any reason. The Completion Date shall be extended by the duration of any such exclusion. The Contractor shall be permitted to pass onto the Client for any costs reasonably incurred by the Contractor as a direct result of the exclusion at the rates detailed in Clause 7.1; take all reasonable precautions to protect its own health and safety and those of any members of its household or anyone visiting its household; Copyright DIY Doctor Ltd January 2021 This Desired Outcome Contract is a standard form contract which is provided as guidance. It does not constitute legal advice in any way.
THE CLIENT'S RESPONSIBILITIES. 11.1 The Client shall (i) furnish information requested by Xxxxxxxx acting reasonably,
