Where the Supplier Clause Samples
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Where the Supplier. Service Provider seeks to replace a subcontractor Transnet shall be entitled to obtain representations or input from the initial subcontractor who was part of the tender process whose credentials were used in the Supplier/Service Provider’s tender submission. Transnet shall consider input from all parties concerned, in order to take a decision on the proposed replacement of the subcontractor. The subcontracting arrangement or contract remains between the Supplier/Service Provider (main contractor) and the subcontractor.
Where the Supplier is a Public Sector Dependent Supplier and the Call-Off Contract is not a Critical Service Contract, then on the occurrence of any of the events specified in Paragraphs 3.8.1 to 3.8.4, the Supplier shall provide at the request of the Appropriate Authority or Appropriate Authorities and within the applicable timescales for each event as set out in Paragraph 3.8 (or such longer timescales as may be notified to the Supplier by the Buyer), the CRP Information to the Appropriate Authority or Appropriate Authorities.
Where the Supplier is processing Buyer Data or Other Contracting Bodies’ Personal Data, the Supplier shall ensure that it has in place appropriate technical and organisational measures to ensure the security of the Authority and Other Contracting Bodies’ Personal Data (and to guard against unauthorised or unlawful processing or accidental loss, destruction of or damage to the Buyer Data and the Other Contracting Bodies’ Personal Data.
Where the Supplier is due to Process Cyber Essentials Scheme Data after the commencement date of the first Call Off Contract but before the end of the Framework Period or contact period of the last Call Off Contract, the Supplier shall deliver to the Authority evidence of:
9.3.1 a valid Cyber Essentials Scheme Basic Certificate or equivalent (before the Supplier Processes any such Cyber Essentials Scheme Data); and
9.3.2 renewal of a valid Cyber Essentials Scheme Basic Certificate or equivalent on each anniversary of the first Cyber Essentials Scheme certificate obtained by the Supplier under Clause 9.3.1.
Where the Supplier owns the COTS Software it shall make available the COTS software to a Replacement Supplier at a price and on terms no less favourable than those standard commercial terms on which such software is usually made commercially available.
Where the Supplier is a legal person of a country of the European Union, it shall not transfer the personal information outside the European Economic Area or any third country deemed to ensure adequate protection by the European Commission pursuant to Directive 95/46/EC without the prior written consent of the Purchaser. In all other cases, the Supplier must not transfer or disclose any Personal Information outside the Country, or allow any person outside that Country to access, view or receive any Personal Information, without the prior written approval of the Purchaser.
Where the Supplier or any Supplier Staff are liable to be taxed or to pay National Insurance contributions in the UK relating to payment received under the Agreement, the Supplier must both:
Where the Supplier is a natural person or is a partnership, joint venture or other unincorporated association comprised of natural persons, the Supplier acknowledges that it has (or each of them have) read and agreed to the Principal’s Privacy Statement (available from ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/legal).
Where the Supplier is VAT registered the Supplier shall recover VAT on any expenditure incurred in the normal course of its business and shall specify only the net amount of such expenditure in the invoice to AMICUS prior to adding VAT thereto at the appropriate rate.
Where the Supplier claims delivery has taken place, the Authority shall require a legible proof of delivery to ascertain a delivery has been made in the event of a dispute.