Performance of the Agreement. 1.1 After consideration and evaluation of the CONTRACTOR’s proposal, the County hereby engages CONTRACTOR to provide the services set forth in RFP #10746 and in this AGREEMENT on the terms and conditions contained herein and in RFP #10746. The intent of this AGREEMENT is to summarize the contractual obligations of the parties. This AGREEMENT is based on the following supporting documents: AGREEMENT EXHIBIT A: Pricing/Schedule of Fees EXHIBIT B: Sample Notice to Proceed RFP #10746 dated March 20, 2020, including all attachments and exhibits Addenda 1-2 CONTRACTOR’s Proposal dated May 1, 2020.
1.2 These documents are on file with the Contracts/Purchasing Division.
1.3 All of the above-referenced documents are intended to be complementary. Work required by one of the above-referenced documents and not by others shall be done as if required by all. In the event of a conflict between or among component parts of the contract, the contract documents shall be construed in the following order: AGREEMENT, EXHIBIT A: Pricing/Schedule of Fees, EXHIBIT B: Sample Notice to Proceed, RFP #10746, Addenda 1-2, CONTRACTOR’s Proposal, including all attachments and exhibits.
1.4 CONTRACTOR warrants that CONTRACTOR and CONTRACTOR’s agents, employees, and subcontractors performing services under this AGREEMENT are specially trained, experienced, competent, and appropriately licensed to perform the work and deliver the services required under this AGREEMENT and are not employees of the County, or immediate family of an employee of the County.
1.5 CONTRACTOR, its agents, employees, and subcontractors shall perform all work in a safe and skillful manner and in compliance with all applicable laws and regulations. All work performed under this AGREEMENT that is required by law to be performed or supervised by licensed personnel shall be performed in accordance with such licensing requirements.
1.5.1 CONTRACTOR must maintain all licenses throughout the term of the AGREEMENT.
1.6 CONTRACTOR shall furnish, at its own expense, all materials, equipment, and personnel necessary to carry out the terms of this AGREEMENT, except as otherwise specified in this AGREEMENT. CONTRACTOR shall not use County premises, property (including equipment, instruments, or supplies) or personnel for any purpose other than in the performance of its obligations under this AGREEMENT.
Performance of the Agreement. 2.1 The Designer must make every effort to perform the work commissioned carefully and independently, to promote the client’s interests to the best of his or her ability and to aim to achieve a result that is useful to the client, as can and may be expected of a reasonably and professionally acting designer. To the extent necessary the Designer must keep the client informed of the progress of the work.
2.2 The client must do any and all things that are reasonably necessary or required to enable the Designer to deliver punctually and properly, such as supplying (or causing the supply of) complete, sound and clear data or materials in a timely manner of which the Designer states or of which the client understands or should reasonably understand that they are necessary for the performance of the agreement.
2.3 Terms stated by the Designer for the performance of the work commissioned are approximations only, unless otherwise agreed in writing.
2.4 Unless otherwise agreed, the following do not form part of the work commissioned to the Designer:
a. performing tests, applying for permits and assessing whether the client’s instructions comply with statutory or quality standards;
b. investigating any existing rights, including patents, trademarks, drawing or design rights or portrait rights of third parties; and
c. investigating the possibility of the forms of protection referred to in (b) for the Client.
2.5 Prior to performance, production, reproduction or publication, the parties must give each other the opportunity to check and approve the final draft, prototypes or galley proofs of the result.
2.6 Differences between the (final) result and the agreements made cannot serve as grounds for rejection, discount, damages or dissolution of the agreement if those differences are reasonably of minor importance, taking all the circumstances into account.
2.7 Any complaints must be filed with the Designer in writing at the earliest possible time but no later than ten business days after completion of the work commissioned, failing which the client is deemed to have accepted the result of the work commissioned in its entirety.
Performance of the Agreement. The Contractor must perform the Agreement to the highest professional standards with all due care, skill and diligence. Timely provision of the Services is of the essence of the Agreement. All periods specified in the Agreement are calculated in calendar days.
Performance of the Agreement. 1.1 After consideration and evaluation of the CONTRACTOR’s proposal, the County hereby engages CONTRACTOR to provide the services set forth in RFP #10910 and in this AGREEMENT on the terms and conditions contained herein and in RFP # 10910. The intent of this AGREEMENT is to summarize the contractual obligations of the parties. This AGREEMENT is based on the following supporting documents: AGREEMENT RFP # 10910 August 31, 2023, including all attachments and exhibits CONTRACTOR’s Proposal September 21, 2023.
1.2 These documents are on file with the Contracts/Purchasing Division.
1.3 All of the above-referenced documents are intended to be complementary. Work required by one of the above-referenced documents and not by others shall be done as if required by all. In the event of a conflict between or among component parts of the contract, the contract documents shall be construed in the following order: AGREEMENT, RFP # 10910, CONTRACTOR’s Proposal, including all attachments and exhibits. DocuSign Envelope ID: A90B6B0F-4D46-4852-A3CE-70BEB92C6972 DocuSign Envelope ID: E081756C-925E-42C3-8A70-7A5F87AED48C
1.4 CONTRACTOR warrants that CONTRACTOR and CONTRACTOR’s agents, employees, and subcontractors performing services under this AGREEMENT are specially trained, experienced, competent, and appropriately licensed to perform the work and deliver the services required under this AGREEMENT and are not employees of the County, or immediate family of an employee of the County.
1.5 CONTRACTOR, its agents, employees, and subcontractors shall perform all work in a safe and skillful manner and in compliance with all applicable laws and regulations. All work performed under this AGREEMENT that is required by law to be performed or supervised by licensed personnel shall be performed in accordance with such licensing requirements.
1.5.1 CONTRACTOR must maintain all licenses throughout the term of the AGREEMENT.
Performance of the Agreement. A.4.1 After the Agreement enters effect, Dyflexis will make every effort to perform the Service within a reasonable period.
A.4.2 Where not agreed in writing otherwise, Dyflexis guarantees that it will perform the Service to the best of its ability and will employ sufficient care and professionalism.
A.4.3 The aforementioned periods and delivery periods are merely indicative and are not firm deadlines unless agreed otherwise in writing.
A.4.4 If and insofar as required for a good implementation of the Service, Dyflexis has the right to have certain work performed by third parties without notifying the Client. Dyflexis will not charge the expenses incurred by the third party to the Client, unless agreed otherwise in writing
A.4.5 The Client is under the obligation to do everything and allow everything that is reasonably necessary and desirable to enable the timely and correct performance of the Service. In particular, the Client will ensure that all data which Dyflexis states are necessary or which the Client reasonable ought to understand as being necessary for the performance of the Service are provided on time to Dyflexis.
A.4.6 In addition to the data referred to in article A.4.5, the Client is under the obligation to provide up-to-date contact details to Dyflexis for communication between Dyflexis and the Client. The Client will immediately inform Dyflexis of any change to these contact details.
A.4.7 If the details referred to in articles A.4.5 and A.4.6 are not provided to Dyflexis in time or if the Client does not meet these obligations in another manner, Dyflexis will be entitled to suspend compliance with its obligations without being under the obligation to pay any form of compensation.
Performance of the Agreement. 37.1. The Parties agree to cooperate in all manners possible in order to achieve the objectives of this Agreement. For this purpose, a coordination committee (“Coordination Committee”) composed of the Government, PETROCI and the Operator will be set up. This Coordination Committee will meet at least one (1) time during the Calendar Year and whenever necessary upon the justified request by one (1) of its members. The proposed agenda must accompany this request. The Coordination Committee shall be chaired by the Government. The Coordination Committee shall be a framework for information of the Government, by the Operator on the budgets, programs and performance of work and contractual obligations in the Delimited Region. The Government shall facilitate the performance of activities by the Contractor by granting it all permits, licenses and rights necessary to perform the Petroleum Operations, and by making available to it all appropriate services and facilities, so that the Parties may get the most profit out of genuine cooperation. Nevertheless, the Contractor is required to comply with applicable procedures and formalities of the appropriate government departments.
37.2. All notifications or other communications referring to this Agreement shall be made in writing and shall be addressed to an authorised representative of the Party in question at the principal place of business in the Republic of Côte d’Ivoire of said Party by:
a) prepaid registered letter,
b) cable or telegram c) telex or fax with acknowledgement of receipt, or
Performance of the Agreement. During the pendency of the arbitration proceedings, the matter which is the subject of such arbitration proceedings shall be performed by the Parties (A) in the manner determined by Schering in its sole discretion if it is a matter relating to Schering's development of Licensed Product, and (B) in the manner determined by Licensor in its sole discretion if it is a matter involving payment of License Fees under Section 3.1 and royalty payments under Sections 3.2 or 3.
Performance of the Agreement. 4.1 User accepts the assignment subject to the condition that awards required for the work, which client will provide, are granted before commencement of the work activities;
4.2 User will perform the agreement to the best of its knowledge and ability, in accordance with high standards; all this based on the state of the art known at that time;
4.3 If and in so far as proper performance of the agreement so requires, user will have the right to have work activities carried out by third parties;
4.4 If client has reserved delivery of certain materials and/or the performance of certain elements of the works, client will be liable for overdue delivery or overdue performance of same;
4.5 Client will ensure that all information and approvals, stipulated by user as necessary, or of which client should reasonably understand that these are necessary for the performance of the agreement, are submitted to user in time. If the information and approvals required for the performance of the agreement are not submitted to user in time, user will have the right to suspend the agreement and/or charge the additional costs arising from the delay to client against the usual rates;
4.6 User will not be liable for damage of whatever nature as a result from user proceeding from incorrect and/or incomplete information provided by client, unless this incorrectness and/or incompleteness should have been apparent to user;
4.7 If a performance of the agreement in phases is agreed upon, user may suspend performance of elements that belong to a next phase, until client has provided written approval of the results of the preceding phase;
4.8 If the commencement or progress of the work is delayed by factors client is responsible for, the damage and costs arising from this for user must be compensated by client;
4.9 If work activities are carried out by user or by third parties engaged by user in the scope of the assignment at the location of client or at a location designated by client, the latter will provide for the facilities reasonably demanded by these workers at no charge;
4.10 Client ensures that user has access to the following in time: • the building where the work is to be carried out; • sufficient means for supply, storage and/or disposal of materials and resources; • means to connect electrical machinery, lighting, heating, gas, compressed air and water; • schematic drawings of the cables, pipes and mains; • safety measures during work activities at the site.
4.11 The required...
Performance of the Agreement. In accordance with the regulatory requirements of the listing locations of the Company (including but not limited to the Listing Rules of the Stock Exchange of Hong Kong and the Rules Governing the Listing of Sotcks on Shanghai Stock Exchange), an annual cap of transaction shall be set for the continuing connected transactions under this agreement. Where the annual cap for the transactions of the Agreed Provision requires the approval by the independent shareholders of the Company, the continuation of such transactions shall be subject to the approval of the independent shareholders of the Company. Where, in any year, the actual amount of such transactions exceeds the annual cap as approved by the independent shareholders of the Company, both parties should terminate the transactions of products and Materials and the transactions of leasing of equipments which are in excess of the annual cap approved by the independent shareholders before the Company has performed the approval procedures according to the regulatory requirements of the listing locations.
Performance of the Agreement. During the pendency of the arbitration proceedings, the matter which is the subject of such arbitration proceedings shall be performed by the Parties (A) in the manner determined by SPL in its sole discretion if it is a matter relating to SPL's development of Licensed Product, and (B) in the manner determined by Licensor in its sole discretion if it is a matter involving payment of License Fees under Section 3.1 and royalty payments under Sections 3.2 or 3.
