Common use of The Supplier’s responsibilities Clause in Contracts

The Supplier’s responsibilities. 5.1 The Supplier shall use best endeavours to provide the Works and deliver the Services to the Client in accordance with a Statement of Work. 5.2 The Supplier shall use all reasonable endeavours to meet any performance dates or Milestones specified in a Statement of Work but any such dates shall be estimates only and time for performance by the Supplier shall not be of the essence of this agreement. 5.3 The Supplier shall appoint an authorised representative in respect of the Works to be performed under each Statement of Work, such person to be identified as the ‘Supplier’s SoW Contact’ in the Statement of Work. That person shall have authority to contractually bind the Supplier on all matters relating to the relevant Works (including by signing Change Control Orders). The Supplier shall use all reasonable endeavours to ensure that the same person acts as the Supplier’s SoW Contact throughout the term of the relevant Statement of Work, but may replace that person from time to time where reasonably necessary in the interests of the Supplier’s business. 5.4 The Supplier and its Associate(s) shall endeavour to cooperate with the Client’s reasonable requests while performing the Services, but the Client acknowledges that neither the Supplier nor its Associates are under the control or supervision of the Client and the Supplier and Associates are entirely responsible for determining the manner and methods of the performance of the services 5.5 The Supplier shall maintain the right, at its sole discretion, to remove, replace, substitute or reassign an Associate should circumstances require it. Additionally, an Associate shall have the right to nominate a substitute in accordance with the Off Payroll Working (IR35) rules. Should such circumstances arise, the Supplier will notify the Client that an Associate needs to be changed (for whatever reason) and a suitable replacement Associate with the equivalent experience and skill set will be supplied. 5.6 The Supplier shall use reasonable endeavours to procure that its representatives and Associates observe health and safety and security requirements and any on site policies of the Client’s (or the Client’s end-Client) that have been communicated to it under clause 6.16.5, provided that it shall not be liable under this agreement if, as a result of such observation, it is in breach of any of its obligations under this agreement and only to the extent that such health and safety and security requirements and policies would be applicable to independent Associates. 5.7 The Supplier’s Associates will utilise their own equipment and devices in the delivery of the Service to the Client (save where the Client’s internal security restrictions would prohibit them from doing so). Any equipment/devices brought onto the Client’s premises will be at the Supplier’s own risk and the Client will have no liability for any loss of, or damage to, any equipment. 5.8 The Supplier shall ensure that all its representatives or Associates engaged to provide the Services: (a) have the necessary expertise and experience to carry out the Services; (b) are entitled to work in the UK (or other location made known to Supplier in a Statement of Work); (c) will maintain good standards of professionalism and courtesy when on Client premises or end-Client premises, or when dealing with end-Clients.

The Supplier’s responsibilities. 5.1 The the Supplier shall use best endeavours to provide the Works Works, and deliver the Services to the Client Client, in accordance with a Statement of Work. 5.2 The the Supplier shall use all reasonable endeavours to meet any performance dates or Milestones specified in a Statement of Work but any such dates shall be estimates only and time for performance by the Supplier shall not be of the essence of this agreement. 5.3 The the Supplier shall appoint an authorised representative in respect of the Works to be performed under each Statement of Work, such person to be identified as the ‘Supplier’s SoW SOW Contact’ in the Statement of Work. That person shall have authority to contractually bind the Supplier on all matters relating to the relevant Works (including by signing Change Control Orders). The the Supplier shall use all reasonable endeavours to ensure that the same person acts as the Supplier’s SoW 's SOW Contact throughout the term of the relevant Statement of Work, but may replace that person from time to time where reasonably necessary in the interests of the Supplier’s 's business. 5.4 The Supplier and its Associate(s) shall endeavour to cooperate with the Client’s reasonable requests while performing the Services, but the Client acknowledges that neither the Supplier nor its Associates are under the control or supervision of the Client and the Supplier and Associates are entirely responsible for determining the manner and methods of the performance of the services 5.5 The Supplier shall maintain the right, at its sole discretion, to remove, replace, substitute or reassign an Associate should circumstances require it. Additionally, an Associate shall have the right to nominate a substitute in accordance with the Off Payroll Working (IR35) rules. Should such circumstances arise, the Supplier will notify the Client that an Associate needs to be changed (for whatever reason) and a suitable replacement Associate with the equivalent experience and skill set will be supplied. 5.6 The Supplier shall use reasonable endeavours to procure that its representatives and it’s Associates observe all health and safety and security requirements and any on site policies of that apply at the Client’s 's premises (or the Client’s end-Clientclient premises) and that have been communicated to it under clause 6.16.56.1(e) and provided to it in accordance with Schedule 4, provided that it shall not be liable under this agreement if, as a result of such observation, it is in breach of any of its obligations under this agreement and only to the extent that such health and safety and security requirements and policies would be applicable to independent Associatesagreement. 5.7 The Supplier’s Associates will utilise their own equipment and devices in the delivery of the Service to the Client (save where the Client’s internal security restrictions would prohibit them from doing so). Any equipment/devices brought onto the Client’s premises will be at the Supplier’s own risk and the Client will have no liability for any loss of, or damage to, any equipment. 5.8 5.5 The Supplier shall ensure that all its representatives personnel or Associates engaged to provide the ServicesService: (a) have the necessary expertise and experience to carry out the Services; (b) are entitled to work in the UK (or other location made known to Supplier in a Statement of Work); (c) will maintain good standards of professionalism and courtesy when on Client premises or end-Client client premises, or when dealing with end-Clientsclients; (d) will comply with any policies and procedures of the Client (or the Client’s end-clients) that are made known to the Supplier and the Associates prior to the commencement of the Services.

The Supplier’s responsibilities. 5.1 The Supplier shall use best endeavours to provide the Works and deliver the Services to the Client in accordance with a Statement of Work. 5.2 The Supplier shall use all reasonable endeavours to meet any performance dates or Milestones specified in a Statement of Work but any such dates shall be estimates only and time for performance by the Supplier shall not be of the essence of this agreement. 5.3 The Supplier shall appoint an authorised representative in respect of the Works to be performed under each Statement of Work, such person to be identified as the ‘Supplier’s SoW Contact’ in the Statement of Work. That person shall have authority to contractually bind the Supplier on all matters relating to the relevant Works (including by signing Change Control Orders). The Supplier shall use all reasonable endeavours to ensure that the same person acts as the Supplier’s SoW Contact throughout the term of the relevant Statement of Work, but may replace that person from time to time where reasonably necessary in the interests of the Supplier’s business. 5.4 The Supplier and its Associate(s) shall endeavour to cooperate with the Client’s reasonable requests while performing the Services, but the Client acknowledges that neither the Supplier nor its Associates are under the control or supervision of the Client and the Supplier and Associates are entirely responsible for determining the manner and methods of the performance of the services 5.5 The Supplier shall maintain the right, at its sole discretion, to remove, replace, substitute or reassign an Associate should circumstances require it. Additionally, an Associate shall have the right to nominate a substitute in accordance with the Off Payroll Working (IR35) rules. Should such circumstances arise, the Supplier will notify the Client that an Associate needs to be changed (for whatever reason) and a suitable replacement Associate with the equivalent experience and skill set will be supplied. 5.6 The Supplier shall use reasonable endeavours to procure that its representatives and Associates observe health and safety and security requirements and any on site policies of the Client’s (or the Client’s end-Client) that have been communicated to it under clause 6.16.5, provided that it shall not be liable under this agreement if, as a result of such observation, it is in breach of any of its obligations under this agreement and only to the extent that such health and safety and security requirements and policies would be applicable to independent Associates. 5.7 The Supplier’s Associates will utilise their own equipment and devices in the delivery of the Service to the Client (save where the Client’s internal security restrictions would prohibit them from doing so). Any equipment/devices brought onto the Client’s premises will be at the Supplier’s own risk and the Client will have no liability for any loss of, or damage to, any equipment. 5.8 The Supplier shall ensure that all its representatives or Associates engaged to provide the Services: (a) have the necessary expertise and experience to carry out the Services; (b) are entitled to work in the UK (or other location made known to Supplier in a Statement of Work); (c) will maintain good standards of professionalism and courtesy when on Client premises or end-end- Client premises, or when dealing with end-Clients.

The Supplier’s responsibilities. 5.1 The a. the Supplier shall use best endeavours to provide the Works Works, and deliver the Services to the Client Client, in accordance with a Statement of Work. 5.2 The b. the Supplier shall use all reasonable endeavours to meet any performance dates or Milestones specified in a Statement of Work but any such dates shall be estimates only and time for performance by the Supplier shall not be of the essence of this agreement. 5.3 The c. the Supplier shall appoint an authorised representative in respect of the Works to be performed under each Statement of Work, such person to be identified as the ‘Supplier’s SoW Contact’ in the Statement of Work. That person shall have authority to contractually bind the Supplier on all matters relating to the relevant Works (including by signing Change Control Orders). The the Supplier shall use all reasonable endeavours to ensure that the same person acts as the Supplier’s 's SoW Contact throughout the term of the relevant Statement of Work, but may replace that person from time to time where reasonably necessary in the interests of the Supplier’s 's business. 5.4 The Supplier and its Associate(s) shall endeavour to cooperate with d. the Client’s reasonable requests while performing the Services, but the Client acknowledges that neither the Supplier nor its Associates are under the control or supervision of the Client and the Supplier and Associates are entirely responsible for determining the manner and methods of the performance of the services 5.5 The Supplier shall maintain the right, at its sole discretion, to remove, replace, substitute or reassign an Associate should circumstances require it. Additionally, an Associate shall have the right to nominate a substitute in accordance with the Off Payroll Working (IR35) rules. Should such circumstances arise, the Supplier will notify the Client that an Associate needs to be changed (for whatever reason) and a suitable replacement Associate with the equivalent experience and skill set will be supplied. 5.6 The Supplier shall use reasonable endeavours to procure that its representatives and it’s Associates observe all health and safety and security requirements and any on site policies of that apply at the Client’s 's premises (or the Client’s end-Clientclient premises) and that have been communicated to it under clause 6.16.5, 6.1(e) provided that it shall not be liable under this agreement if, as a result of such observation, it is in breach of any of its obligations under this agreement and only to the extent that such health and safety and security requirements and policies would be applicable to independent Associatesagreement. 5.7 The Supplier’s Associates will utilise their own equipment and devices in the delivery of the Service to the Client (save where the Client’s internal security restrictions would prohibit them from doing so). Any equipment/devices brought onto the Client’s premises will be at the Supplier’s own risk and the Client will have no liability for any loss of, or damage to, any equipment. 5.8 e. The Supplier shall ensure that all its representatives personnel or Associates engaged to provide the ServicesService: (a) i. have the necessary expertise and experience to carry out the Services; (b) ii. are entitled to work in the UK (or other location made known to Supplier in a Statement of Work);; and (c) iii. will maintain good standards of professionalism and courtesy when on Client premises or end-Client client premises, or when dealing with end-Clientsclients.

The Supplier’s responsibilities. 5.1 The 8.1 In consideration of payment by the Purchaser, the Supplier shall use best endeavours to regularly and diligently carry out and complete the manufacture and supply of the Equipment and provide the Works and deliver the Services to the Client in accordance with a Statement of WorkServices. 5.2 The Supplier shall use all reasonable endeavours to meet any performance dates or Milestones specified in a Statement of Work but any such dates shall be estimates only 8.2 All Equipment and time for performance Services provided by the Supplier shall not be manufactured and carried out with sound workmanship and materials, safety and in accordance with good engineering practice, and applicable law. 8.3 Subject to the Purchaser performing its obligations under this Agreement including responsibility for relevant interfaces and the proper functioning of the essence rest of this agreementthe Waste Facilities, the Equipment shall comply with the requirements of the Supplier set out in Schedule 7. 5.3 8.4 The Supplier shall appoint an authorised representative at all times have and maintain adequate resources available for the proper and timely provision of the Equipment and the Services, including financial resources, and competent, appropriately experienced and physically capable staff and labour whether employed by the Supplier or any third parties appointed by the Supplier in respect of the Works to be performed its obligations under each Statement of Work, such person to be identified as the ‘Supplier’s SoW Contact’ in the Statement of Work. That person shall have authority to contractually bind the Supplier on all matters relating to the relevant Works (including by signing Change Control Orders). this Agreement. 8.5 The Supplier shall use obtain and maintain in force for the Term all reasonable endeavours licences, permissions, authorisations, consents and permits needed to ensure that supply the same person acts as Equipment in accordance with the Supplier’s SoW Contact throughout the term terms of the relevant Statement of Work, but may replace that person from time to time where reasonably necessary in the interests of the Supplier’s businessthis Agreement. 5.4 (a) The Supplier and its Associate(s) shall endeavour to cooperate with the Client’s reasonable requests while performing the Services, but the Client acknowledges that neither the Supplier nor its Associates are under the control or supervision of the Client and the Supplier and Associates are entirely responsible for determining the manner and methods of the performance of the services 5.5 The Supplier shall maintain the right, at its sole discretion, to remove, replace, substitute or reassign an Associate should circumstances require it. Additionally, an Associate Purchaser shall have the right to nominate enter the Supplier’s premises to inspect the Equipment and the Supplier shall seek to facilitate inspection of any manufacturing facilities owned by sub-contractors to the Supplier for the Equipment. (b) Inspections carried out pursuant to Clause 8.6 shall be carried out during business hours on reasonable notice to the Supplier. (c) The Supplier shall perform the Factory Acceptance Test as set out in Schedule 6 prior to delivery of the Equipment from the Premises during business hours at such time as is notified to the Purchaser by the Supplier. The Supplier will then issue to the Purchaser a substitute Factory Acceptance Certificate. (d) If following any inspection the Purchaser reasonably considers that the Equipment is not or is not likely to be as provided under this Clause 8, the Purchaser shall inform the Supplier and the Supplier shall take such action as is necessary to ensure that the Equipment is or will be as provided under this Clause 8. The Purchaser shall have the right to re-conduct inspections after the Supplier has carried out its remedial actions. (e) The Supplier together with any actual or potential customers of the Supplier shall also have the right on 14 days notice to inspect the Waste Facilities and any Equipment and Software supplied to the Purchaser under this Agreement. 8.7 In relation to any defects in accordance with the Off Payroll Working (IR35) rules. Should such circumstances arisedesign, materials and workmanship under this Clause, the Supplier will notify shall have a 12 month defects notification period from the Client that an Associate needs Delivery Date in which to repair any defects in design, materials and workmanship notified by the Purchaser to the Supplier which shall be changed the sole remedy of the Purchaser for such defects. If during such defects notification period the Purchaser gives notice of a defect (setting out the particulars of such alleged defect), the Supplier shall as soon as reasonably practicable make good the defect so notified and the Purchaser shall so far as may be necessary place the Equipment at the Supplier’s disposal for whatever reason) and a suitable replacement Associate with the equivalent experience and skill set will be suppliedthis purpose. 5.6 8.8 If a defect notified by the Purchaser pursuant to Clause 8.7 arises from any breach by the Supplier of this Agreement, the Supplier shall bear his own cost of making good such defect. In all other cases, the defect shall be rectified at the Purchaser’s expense. 8.9 If the Supplier fails to remedy a defect notified pursuant to Clause 8.7 which arises from any breach by the Supplier of this Agreement then the Purchaser may, on giving not less that 14 days written notice to the Supplier, procure the rectification of such defect by a third party. 8.10 The Supplier shall hereby agrees to use reasonable endeavours to procure that its representatives skill and Associates observe health and safety and security requirements and any on site policies of the Client’s (or the Client’s end-Client) that have been communicated to it under clause 6.16.5, provided that it shall not be liable under this agreement if, as a result of such observation, it is care in breach of any of performing its obligations under this agreement and only to the extent that such health and safety and security requirements and policies would be applicable to independent AssociatesAgreement. 5.7 The Supplier’s Associates will utilise their own equipment and devices in the delivery 8.11 In consideration of the Service Purchaser’s obligations under this Agreement, the Supplier hereby agrees for the duration of this Agreement not to the Client (save where the Client’s internal security restrictions would prohibit them from doing so). Any equipment/devices brought onto the Client’s premises will be at the Supplier’s own risk and the Client will have no liability sell cBOS™ Gasification Trains for any loss of, or damage to, any equipment. 5.8 The Supplier shall ensure that all its representatives or Associates engaged to provide the Services: (a) have the necessary expertise and experience to carry out the Services; (b) are entitled to work use in the UK (or other location made known and Ireland to Supplier in a Statement of Work); (c) will maintain good standards of professionalism Biffa Ltd, Fomento de Construcciones Y Contratas S.A., Sita UK Ltd, Xxxxxx Group plc and courtesy when on Client premises or end-Client premises, or when dealing with end-Clients.Viridor Ltd.

The Supplier’s responsibilities. 5.1 The a. the Supplier shall use best endeavours to provide the Works Works, and deliver the Services to the Client Client, in accordance with a Statement of Work. 5.2 The b. the Supplier shall use all reasonable endeavours to meet any performance dates or Milestones specified in a Statement of Work but any such dates shall be estimates only and time for performance by the Supplier shall not be of the essence of this agreement. 5.3 The c. the Supplier shall appoint an authorised representative in respect of the Works to be performed under each Statement of Work, such person to be identified as the ‘Supplier’s SoW Contact’ in the Statement of Work. That person shall have authority to contractually bind the Supplier on all matters relating to the relevant Works (including by signing Change Control Orders). The the Supplier shall use all reasonable endeavours to ensure that the same person acts as the Supplier’s 's SoW Contact throughout the term of the relevant Statement of Work, but may replace that person from time to time where reasonably necessary in the interests of the Supplier’s 's business. 5.4 The Supplier and its Associate(s) shall endeavour to cooperate with d. the Client’s reasonable requests while performing the Services, but the Client acknowledges that neither the Supplier nor its Associates are under the control or supervision of the Client and the Supplier and Associates are entirely responsible for determining the manner and methods of the performance of the services 5.5 The Supplier shall maintain the right, at its sole discretion, to remove, replace, substitute or reassign an Associate should circumstances require it. Additionally, an Associate shall have the right to nominate a substitute in accordance with the Off Payroll Working (IR35) rules. Should such circumstances arise, the Supplier will notify the Client that an Associate needs to be changed (for whatever reason) and a suitable replacement Associate with the equivalent experience and skill set will be supplied. 5.6 The Supplier shall use reasonable endeavours to procure that its representatives and it’s Associates observe all health and safety and security requirements and any on site policies of that apply at the Client’s 's premises (or the Client’s end-Clientclient premises) and that have been communicated to it under clause 6.16.5, 6.1(e) provided that it shall not be liable under this agreement if, as a result of such observation, it is in breach of any of its obligations under this agreement and only to the extent that such health and safety and security requirements and policies would be applicable to independent Associatesagreement. 5.7 The Supplier’s Associates will utilise their own equipment and devices in the delivery of the Service to the Client (save where the Client’s internal security restrictions would prohibit them from doing so). Any equipment/devices brought onto the Client’s premises will be at the Supplier’s own risk and the Client will have no liability for any loss of, or damage to, any equipment. 5.8 e. The Supplier shall ensure that all its representatives personnel or Associates engaged to provide the ServicesService: (a) i. have the necessary expertise and experience to carry out the Services; (b) ii. are entitled to work in the UK (or other location made known to Supplier in a Statement of Work);; and (c) iii. will maintain good standards of professionalism and courtesy when on Client premises or end-Client client premises, or when dealing with end-Clientsend- clients.