THE CONSULTANT AGREES. A. To provide the professional services, equipment, material and transportation to perform the tasks as outlined in ARTICLE I,
THE CONSULTANT AGREES. A. To provide the various technical and professional services, materials, equipment and transportation to perform the tasks as outlined in the EXHIBIT "A" – SCOPE OF SERVICES.
B. To attend meetings with the OWNER and other local stakeholders as necessitated by EXHIBIT “A.”
C. To make available during regular office hours, all calculations, sketches, documents and drawings such as the OWNER may wish to examine periodically during performance of this Agreement.
D. To the extent allowed by law, to indemnify, keep and save harmless the OWNER, its agents, officials and employees against all damages, suits, claims judgments, and losses that may result from the CONSULTANT’s or its agents’, officers’ or employees’ intentional or negligent acts, errors or omissions in connection with work performed under this Agreement arising from injury to persons, damage to property or other liability or loss. The CONSULTANT shall require all sub- consultants to indemnify, keep and save harmless the OWNER in the same manner as is required of the CONSULTANT in the Agreement.
E. To maintain books, documents, papers, accounting records and other evidence pertaining to costs incurred by CONSULTANT and, where relevant to method of payment, to make such material available at its office at reasonable times during the Agreement period and for three (3) years from the date of final payment under the Agreement for inspection by the OWNER or his representatives.
F. To comply with the requirements of the City of Wichita Mandatory Contractual Provisions Attachment and the City of Wichita Independent Contractor Addendum which are attached hereto as Exhibits B and C and adopted by reference as though fully set forth herein.
G. To accept compensation for the work herein described in such amounts and at such periods as hereinafter provided and that such compensation shall be satisfactory and sufficient payment for all work performed, equipment or materials used, and services rendered in connection with such work and as outlined in EXHIBIT “A.”
H. To complete the services to be performed by CONSULTANT within a time frame that is customary for this type of project and scope and as set forth in EXHIBIT A, EXCEPT that the CONSULTANT shall not be responsible or held liable for delays occasioned by the actions or inactions of the OWNER, or for other unavoidable delays beyond the control of the CONSULTANT.
I. Covenants and represents to be responsible for the professional and technical accuracy and the...
THE CONSULTANT AGREES. To provide the professional services, equipment, material and transportation to perform the tasks as outlined in Article I, Scope of Services.
THE CONSULTANT AGREES. (a) To assist in the internet publishing and marketing of products of MII which include Swiftrade, M Finance, PINmail, MediaHits, Search Dragon and others to be added from time to time;
(b) To provide professional, administrative and technical assistance required in relation to the holding of internet assets, to assist in the acquiring of equipment and machinery including computers and at the direction of MII the training of personnel in relation thereto;
(c) To undertake any other action necessary, and which it can reasonably provide, to enable MII to continue in operation with adequate administrative and technical support,
THE CONSULTANT AGREES. (a) The Consultant agrees not to engage in any activity that encompasses forming or making plans to form a business entity that may be deemed to be competitive with Amazing Scents. This does not prevent the Consultant from seeking or obtaining employment or other forms of business relationships with a competitor after termination of employment with Company so long as such competitor was in existence prior to the termination of relationship with the Company and the Consultant was in no way involved with the organization or formation of such competitor.
(b) The Consultant agrees that he/she will not, either during the period of this Agreement, or for a period of 3 years after this Agreement has terminated, solicit any of Amazing Scents employees or Independent Consultants for a competing business or otherwise induce or attempt to induce such employees to terminate their employment with Amazing Scents.
(c) For a period of 3 years following the termination of the relationship with Amazing Scents, the consultant shall not, directly or indirectly, make known to any person, firm or corporation the names or addresses of any of the customers of Amazing Scents or any other information pertaining to them, or call on, solicit, take away, or attempt to call on, solicit, or take away any customer of Amazing Scents with whom the Consultant became acquainted during the time of this Agreement, for either him or her or for any other person, firm, or corporation.
(d) Amazing Scents owns all intellectual property used in the operation of their business. Use of this property without consent of Amazing Scents will be seen as breach of Amazing Scents intellectual property and be legally treated as such.
THE CONSULTANT AGREES. 1. To perform the following scope of engineering services and as indicated on page 2 of this Agreement: Prepare detailed design plans and construction drawings in conformity with the state and federal design criteria appropriate for the Project, in accordance with the current Project Development Manual for Non National Highway System Local Government Road and Street Projects, Vo. 1, the Bureau of Local Projects Memorandums (BLP Memos), the KDOT Design Manual, the Bureau of Design Road Memorandums, the current version of the KDOT Standard Specifications for State Road and Bridge Construction with Special Provisions and Project Special Provisions, and with the rules and regulations of the Federal Highway Administration pertaining thereto. Prepare revised design plans, as requested by representatives of the County or the Secretary, made necessary by field check and/or office check review recommendations, errors, omissions, or negligence of the Consultant, at any time prior to the completion and final acceptance of the construction contract(s) covering the Project. Prepare the design plans for the Project for such parts or sections, and in such order of completion, as designated by the County and in conformance with the Project’s current official schedule as issued by the Secretary. Further the Consultant agrees to complete all design plan development stages no later than the due dates on the Project’s current official schedule as issued by the Secretary, exclusive of delays beyond the Consultant’s control. Make the necessary field surveys to determine horizontal and vertical alignment for the proposed project. Prepare and furnish one set of prints (white background) of preliminary design plans for field cheek and review to the County and two (2) sets to the Secretary. These preliminary design plans shall, at a minimum, contain the plan sheets and information thereon as required in the KDOT Design Manual and contain such other special plan sheets as the Consultant deems necessary. Field check the Project with representatives of the Secretary and the County. Complete the design plans incorporating any changes which may have been agreed to during the field check, and include with such design plans estimates of quantities, special provisions, supplemental specifications and an updated estimate of cost. Submit one complete set of prints (white background) of the design plans to the Secretary for office check review along with copies of special provisions, suppleme...
THE CONSULTANT AGREES. A. To provide services according to the terms and conditions specified herein. That the consultant shall not assign the responsibility nor subcontract for any portion of the work contemplated in this contract to another party without prior written approval of the contractor. In performing the responsibilities under the agreement, and by signing this agreement, the CONSULTANT hereby agrees to fully comply with the following certifications and assurances: Equal Employment Opportunity (EEO) The CONSULTANT agrees to comply with E.O. No. 11246, Equal Employment Opportunity (30 Federal Register (F.R.) 12319, 12935, 3 CFR, 1964-1965 comp. p. 339), Sept. 24, 1965, as E.O. 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, of Oct. 13, 1967, amended, and as the Department of Labor regulations (41 CFR part 60) Office of Federal Compliance Programs, Equal Opportunity, Department of Labor supplements. See 45 CFR part 92.36(i)(3). Certification regarding debarment, suspension and other responsibility matters –primary covered transaction As required by E.O.(s) 12549 and 12689, Debarment and Suspension, and implemented at 45 CFR Part 85, Government wide Debarment and Suspension (Nonprocurement) for prospective participants in primary covered transactions, no contract shall be made to parties the General Services Administration’s Excluded Parties List System identifies as excluded from Federal Procurement or Nonprocurement Programs. This list contains the names of parties debarred, suspended or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contracts with awards that exceed the small purchase threshold shall provide the required certification regarding their exclusion status and that of their principal employees. The federal government imposes this requirement in order to protect the public interest, and to ensure that only responsible organizations and individuals do business with the government and receive and spend government grant funds. Failure to adhere to these requirements may have serious consequences (e.g., disallowance of cost, termination of project or debarment). To assure that this requirement is met, there are four options for obtaining satisfaction that sub-grantees and contractors are not suspended, debarred or disqualified. The CONSULTANT through the duly appointed undersigned representative, certifies, to the best of its knowledge and belief, ...
THE CONSULTANT AGREES. A. To provide the professional services, equipment, material and transportation to perform the tasks as outlined in Article I, Scope of Services.
B. To designate a project manager who will coordinate all work and be the point of contact for communications and to submit qualifications of the proposed project manager to the Owner in advance of the Notice to Proceed. The Owner reserves the right to withhold the Notice to Proceed until a qualified project manager is designated. The Owner shall concur with any changes to this assignment.
C. To submit to the Owner in a timely manner, editable, electronic files of all studies, surveys, mapping and drawings in AutoCAD format and reports in Microsoft Word, as is applicable to this Contract. Each submittal shall be in a single, organized file that mimics the report and any drawings and/or specifications.
D. To save and hold Owner harmless against all suits, claims, damages and losses for injuries to third parties or their property or to the Owner and its property arising from or caused by negligent acts, errors or omissions of Consultant, its agents, servants, employees, or subconsultants occurring in the performance of its services under this Contract.
E. The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the Owner, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed.
F. To accept compensation for the work herein described in such amounts and at such periods as hereinafter provided and that such compensation shall be satisfactory and sufficient payment for all work performed, equipment or materials used and services rendered in connection with such work described in Exhibit A.
G. To submit xxxxxxxx to the Owner for the services performed as required by this Contract. Billings shall not exceed progress of work as evidenced by deliverables submitted by the Consultant and approved by the Owner. During the progress of work covered by the Contract, partial payment requests may be made at intervals of no...
