Common use of Execution of the assignment Clause in Contracts

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 an (accountant) statement, deliver written advice, confirm oral advice in writing, provide a written (end) report or provide an oral presentation. Client has no right to any drafts of such accountant statements, advice, reports or presentations. If Client wishes to use the content of any oral advice or oral presentation delivered in concluding the Tasks, then Client shall inform aternio as such, after which aternio will confirm the advice in writing. aternio is only bound by the definitive versions of its statements, advice and reports presented to Client in written form and signed by a partner. 9. aternio is not required to update any oral or written statements, advice, reports or results of Tasks in response to events that take place after delivery of the final version of the statement, advice, report or results. 10. Statements, advice, opinions, expectations, predictions and suggestions made by aternio shall not offer any warranty for future events or circumstances.

Appears in 1 contract

Sources: General Terms and Conditions

Execution of the assignment. 1. aternio finance shall make every effort to carry out the Assignment with the required precision and expertise. The Assignment requires a commitment by aternioaternio finance. 2. aternio finance 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 finance 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 aternioaternio finance, as the direct or indirect involvement of a third party in the execution of the Assignment could have significant influence on aternioaternio finance’s ability to carry out the Assignment correctly. 4. If it is agreed that the Tasks will be executed in phases, aternio finance 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 finance or until aternio finance 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 aternioaternio finance’s exceedance of a deadline or otherwise agreed to date. Likewise, aternio finance carries no liability for exceeding a deadline or otherwise agreed to date. 6. If aternio finance 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 aternioaternio finance’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 finance 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 finance may provide an (accountant) a statement, deliver written advice, confirm oral advice in writing, provide a written (end) report or provide an oral presentation. Client has no right to any drafts of such accountant statements, advice, reports or presentations. If Client wishes to use the content of any oral advice or oral presentation delivered in concluding the Tasks, then Client shall inform aternio finance as such, after which aternio finance will confirm the advice in writing. aternio finance is only bound by the definitive versions of its statements, advice and reports presented to Client in written form and signed by a partner. 9. aternio finance is not required to update any oral or written statements, advice, reports or results of Tasks in response to events that take place after delivery of the final version of the statement, advice, report or results. 10. Statements, advice, opinions, expectations, predictions and suggestions made by aternio finance shall not offer any warranty for future events or circumstances.

Appears in 1 contract

Sources: General Terms and Conditions