Execution of the assignment Clause Samples
Execution of the assignment. 4.1 Kingcanary will execute the assignment in accordance with the requirements of good and sound workmanship on the basis of the plan approved by the Customer.
4.2 Unless agreed otherwise in writing between the Parties, Kingcanary will be permitted to work, in any form, for a company which is identical, similar or related to that of the Customer.
4.3 Unless agreed otherwise in writing between the Parties, Kingcanary will always be free to have work, within the framework of the assignment, carried out by third parties. Kingcanary is liable vis-à-vis the Customer for the correct fulfilment of the execution of work performed by third parties within the framework of an agreement. This liability on the part of Kingcanary will no longer apply if and insofar as the Customer obliges Kingcanary to use (third-party) suppliers/service providers designated by the Customer for the execution of the agreed work.
4.4 If, during the execution of the agreement, it transpires that it is necessary, for its proper execution, to change or supplement the agreement, Kingcanary will inform the Customer to this effect on time and the Parties will modify the agreement in good time on the basis of mutual consultation. If the nature, scope or content of the agreement is changed at the request or instruction of the Customer, the competent authorities, etc. or otherwise, and the agreement is therefore modified from a quality and/or quantity perspective, this will have consequences for that which was originally agreed between the Parties. As a result the amount originally agreed between the Parties may be increased or reduced. In such an instance Kingcanary will issue a quotation in advance wherever possible.
4.5 Due to a change to the agreement as described in Article 4.4, the execution deadline originally stated may also be changed. The Customer accepts the fact that the agreement may be changed in connection with this, including a change in price and period of execution. Kingcanary can, without being guilty of default, refuse a request to modify the agreement if this could have a consequence, from the quality and/or quantity perspective, for example for the work being carried out, or the goods being delivered, within that framework.
Execution of the assignment. 5.1 Contractor shall execute the assignment in accordance with the Agreement, unless instructed otherwise.
5.2 Work and services are performed by Contractor on the basis of an obligation of effort (inspanningsverplichting). Contractor will never be liable for the result.
5.3 An execution period included in the (order) confirmation is not a fixed (final) term for fulfilment of the assignment. Client cannot derive any rights from that term.
5.4 If and to the extent required for a proper execution of the Agreement, Contractor is entitled to have certain work performed by third parties.
5.5 With regard to contact with third parties of any nature or content whatsoever, Contractor only undertakes to make a certain effort. Contractor is never liable for the result.
5.6 Client indemnifies Contractor against any claims from third parties who suffer damages in connection with the execution of the Agreement, the cause of which can be attributed to others than Contractor.
Execution of the assignment. 2.1. Main Contractor may give instructions as to the manner in which Supplier will execute the order. Main Contractor shall provide Supplier with all authority and information required for proper performance of the order. Contractor undertakes to perform this work to the best of his knowledge and ability. Supplier shall schedule his work independently. To the extent necessary for optimum cooperation with others, coordination will take place with Main Contractor. If necessary for the work, Supplier shall comply with the working hours at Main Contractor.
2.3. Contractor shall conduct himself as a good contractor and perform the work in accordance with the law and social custom. In performing the agreed work, Contractor shall be completely independent and shall perform the agreed work at his own discretion and without the supervision or direction of Principal.
Execution of the assignment. 2.1. The Contractor accepts the assignment and thereby accepts full responsibility for the proper execution of the agreed work.
2.2. The Contractor independently organizes his activities. Insofar as necessary for the execution of the assignment, coordination will take place with the Client in the event of cooperation with others, so that this will run optimally. If necessary for the work, the Contractor will refer to the working hours at the Client.
2.3. The Client provides the Contractor with all authority and information required for the proper execution of the assignment.
2.4. The Contractor is completely independent in the executing the agreed work. He / she performs the agreed work at his own discretion and without the supervision or direction of the Client. The client can, however, provide directions and instructions regarding the result of the assignment.
Execution of the assignment. 1. All services provided by ▇▇▇ Tax are performed to the best of its knowledge and ability in accordance with high standards. The intended work is subject to a best efforts obligation on the part of ▇▇▇ Tax, unless explicitly stipulated otherwise.
2. ▇▇▇ Tax will keep a working file on the assignment containing copies of relevant documents, which file will be the property of ▇▇▇ Tax.
3. The Client shall ensure that all data and documents ▇▇▇ Tax deems necessary for the correct and timely execution of the assignment are made available to ▇▇▇ Tax in time and in the form and manner ▇▇▇ Tax desires.
4. Unless the nature of the assignment dictates otherwise, the Client is responsible for the correctness, completeness and reliability of the data and documents made available to ▇▇▇ Tax, even if they originate with or are received from third parties.
5. The extra costs and extra fees resulting from a delay in the execution of the assignment due to the fact that the requested data and/or documents were not, not timely or not properly supplied shall be borne by the Client. If the assignment is entered into on a no cure no pay basis and this assignment cannot be completed (in full) because the requested data and/or documents have not been made available or have not been made available in good time or properly, the success fee will be charged to the Client immediately and in full.
6. The Client shall ensure that ▇▇▇ Tax is immediately informed about facts and circumstances that may be of importance for the correct execution of the assignment. If the assignment is entered into on a no cure no pay basis, these facts and circumstances may lead to a different assignment and/or to a situation in which ▇▇▇ Tax can no longer successfully complete the assignment, this at the discretion of ▇▇▇ Tax. This will in any case include the scenario where the board and/or the shareholders of the Client have in fact ceased to function as a unit, inter alia as a result of disputes between them. In that case the success fee will be charged immediately and in full by ▇▇▇ Tax.
7. If the Client works out (parts of) the assignment itself, ▇▇▇ Tax remains entitled to charge the full success fee, if it concerns an assignment on a no cure no pay basis.
8. During the execution of the assignment the Client and ▇▇▇ Tax shall communicate with each other, inter alia, by means of electronic data interchange. The Client and ▇▇▇ Tax hereby agree that they will not be liable to each other for any damage ...
Execution of the assignment. 1. aternio shall make every effort to carry out the Assignment with the required precision and expertise. The Assignment requires a commitment by aternio.
2. aternio shall determine the manner in which and the person by whom the Assignment is carried out. If the Agreement sets forth specific persons to perform the Tasks, aternio has the right to replace those persons with persons of equal or comparable expertise.
3. If the Client wishes to involve third parties in the execution of the Assignment, he will only be able to do so after having reached agreement on this with aternio, as the direct or indirect involvement of a third party in the execution of the Assignment could have significant influence on aternio’s ability to carry out the Assignment correctly.
4. If it is agreed that the Tasks will be executed in phases, aternio has the right to postpone the start of those Assignments belonging to a subsequent phase, until the Client has accepted the results of the previous phase in writing and has made all thereto belonging payments. If Client owes an advance or is required to provide information necessary for execution of the Assignment, then the period in which tasks are to be completed shall not commence until said advance has been received in full by aternio or until aternio has been provided with all of the necessary information, respectively.
5. Given that the duration of the Assignment may be influenced by a number of factors, such as the quality of the information provided and the cooperation offered by the Client, the dates by which the work must be completed shall only be regarded as deadlines in the event that this was explicitly agreed to. Client may not terminate the contract due to aternio’s exceedance of a deadline or otherwise agreed to date. Likewise, aternio carries no liability for exceeding a deadline or otherwise agreed to date.
6. If aternio provides services or other performances outside of the content or scope of the Agreement, upon request or with prior approval of the Client, Client shall be responsible for payment of these services or performances per aternio’s usual hourly rate.
7. Execution of the agreement is not specifically aimed at the discovery of fraud, unless a different agreement is explicitly made, in writing. If the Tasks do signal fraud, aternio shall abide by all applicable laws and regulations. Any costs associated with such Tasks shall be Client’s responsibility.
8. Upon completion of the Tasks, aternio may provide ...
Execution of the assignment. 3.1. The Contractor accepts the assignment and thereby takes full responsibility for properly executing the agreed tasks. The Contractor organizes his/her work independently. However, coordination with the Client is necessary to the extent required for the execution of the assignment, especially in cases of collaboration with others, to ensure optimal progress. If necessary, for the tasks, the Contractor adheres to the working hours of the Client and/or the Third Party.
3.2. The Third Party, in consultation with the Client, provides the Contractor with all authority and information necessary for the proper execution of the assignment.
3.3. The Contractor independently performs the agreed tasks. He/she carries out the agreed tasks at his/her own discretion and without supervision or direction from the Client and/or the Third Party. However, the Client and/or the Third Party may give instructions regarding the assignment's outcome.
Execution of the assignment. 6.1 The Contractor will perform the Agreement to the best of its ability and with due observance of the applicable laws and (professional) regulations.
6.2 The Contractor shall determine the manner in which the Agreement is to be performed and by which Employee(s).
6.3 The Contractor has the right to have Work carried out by a third party to be designated by the Contractor.
6.4 If a term/date has been agreed between the Client and the Contractor within which the Assignment must be carried out and the Client fails to: (a) make an advance payment - if agreed - or
Execution of the assignment. 9.1 The Consultant shall keep IMI Delhi informed about the progress of work in his office.
9.2 The consultant shall appoint specialized consultants, if necessary.
9.3 The Consultant shall be responsible for the direction and integration of the specialized consultant’s work. The specialized consultants however shall be fully responsible for the calculations, the detailed design and evaluation of the work entrusted to them. The consultants shall, if requested, make available the design calculations.
9.4 All the stages of work shall be completed by the consultant-Architects and the necessary approval given by the clients according to the time schedule mutually agreed upon.
9.5 In the event of Consultant- Architects firm closing its business, the client shall have the power to employ any other agency to complete the work and all due payments shall be forfeited with penalty of blacklisting of the consultant.
9.6 In the event of reduction of the scope of construction after approval of the work done by the Architects at any stage mentioned in clause 5 above, the Architects shall be entitled to the appropriate percentage due up to the relevant stage on the value of the portion of the work that is abandoned in addition to the percentage due on actual cost of work completed.
9.7 The Consultant-Architects shall prepare drawings, designs, outline specifications and estimates of cost by cubic measurements or on areas basis on schedule of rates of the CPWD, SOR (DSR) or arrived at by actual analysis.
9.8 The Consultant- Architects shall assume full responsibility for the design and specifications for items described in the scope of work. The clients will have full access to the details of the calculations and the designs for purpose of scrutiny for satisfying themselves as to their correctness. The Structural/services consultants of the Consultant- Architects will render all possible help for the above scrutiny.
9.9 The Consultant-Architects shall supply to the client free of cost:
(A) Three sets of complete detailed drawing (On appropriate size) for architectural, Structural, Public Health, Electrical, Mechanical, Fabrication, Erection and all services and works (Good for construction drawing) based on the approved drawings including incorporating, Modifications/Revisions if any.
(B) Three sets of detailed estimate and rate analysis of all the works.
(C) Three sets of detailed design calculations. Adequate number of additional design, drawings and other documents neede...
Execution of the assignment. 4.1 Solely Brick Management B.V. shall operate as contracting agent vis-à-vis the Client. The provisions of Sections 7:404 and 7:407(2) of the Civil Code shall not apply.