IN THE PERFORMANCE OF THE SERVICES Clause Samples

The "IN THE PERFORMANCE OF THE SERVICES" clause defines the standards, obligations, or conditions that apply while a party is carrying out the agreed-upon services under a contract. Typically, this clause outlines expectations such as compliance with laws, use of qualified personnel, or adherence to specified procedures during the service period. For example, it may require the service provider to maintain confidentiality or to use certain materials and methods. Its core function is to ensure that the services are performed in a manner that meets the contract's requirements, thereby reducing misunderstandings and managing the quality and consistency of the work delivered.
IN THE PERFORMANCE OF THE SERVICES. 5.1 This Agreement provides a framework for, and the general terms and conditions applicable to, the Services that the Service Provider will provide to SARS under this Agreement. 5.2 SARS will from time to time issue a written service request to the Service Provider to perform Services identified in the service request. 5.3 The provisions of this Agreement shall apply to each and every service request issued under this Agreement. 5.4 The Service Provider will provide the Services to SARS subject to the terms and conditions of this Agreement generally and in particular subject to the terms and conditions set forth in the relevant service request. 5.5 No service request shall constitute a binding contract between the Parties unless a SARS purchase order is issued simultaneously with the service request and such purchase order appears on the face of the service request. 5.6 If there is a conflict in the terms and conditions of this Agreement, and/or any service request and/or any annexures: 5.6.1 subject to clause 5.6.3, to the extent that the conflicting terms can reasonably be interpreted so that such terms are consistent with each other, such consistent interpretation shall prevail; 5.6.2 to the extent that clause 5.6.1 does not apply and subject to clause 5.6.3, any conflict between the provisions of the various clauses of the Agreement, the service request and annexures will be resolved in accordance with the following order of precedence (in descending order of priority): (a) the Agreement and its annexures; and (b) the Service Request and any annexures thereto. 5.6.3 a service request may amend the terms and conditions of this Agreement only with respect to the subject matter of such service request. Insofar as any service request specifically amends the provisions of this Agreement, such amendment shall prevail in respect of that service request only. For the avoidance of doubt it is recorded that the terms of one service request shall not apply to any other service request. 5.7 Each service request shall be in writing and contain all the information set out therein including: 5.7.1 details of the Services requested from the Service Provider; 5.7.2 contain the time within which the Services must be performed; 5.7.3 the costs for the Services; 5.7.4 indicate the purchase order for the Services; 5.7.5 the name and contact details of the SARS’s designated representative requesting the Services; and 5.7.6 be signed by the SARS’s designated representative;...
View SourceView Similar (4)
IN THE PERFORMANCE OF THE SERVICES. This Agreement provides a framework for, and the general terms and conditions applicable to the Services. The Service Provider may only render the Services following a Brief, which must be executed subject to this Agreement. As contemplated in the RFP, the scope of Services envisages retainer based and ad hoc based Services. A Brief may therefore comprise of Services contemplated under retainer and/or ad hoc component(s) of the Services. The following engagement protocol is applicable: Each Brief shall indicate the following minimum requirements- Details, specifications and classification (i.e. whether retainer or ad hoc based) of the Services requested from the Service Provider; The timeframe within which the Services must be performed, together with the requisite Deliverables; Any additional Service Levels applicable to the Services procured in terms of the Brief and the corresponding Service Level Failure penalties; The costs of the Services, in so far as ad hoc Services are concerned, and which must be in accordance with the SARS Approved Pricing Schedule (Annexure A); The name/s and signatures of the duly delegated representatives of SARS’s Communication business unit and the Finance department: Provided that this requirement shall not be applicable to a Brief that exclusively solicits retainer based Services, wherein the Brief may be signed off on behalf of SARS by the SARS Authorised Representative; and Any additional conditions which may be applicable to the specific Brief. The Brief must be accepted by the Service Provider in writing before implementation. The Service Provider may not implement any Brief which does not comply with the provisions of Clauses 5.3 and 5.4 above. For this purpose, it is expressly recorded that the Service Provider shall not have any right of recourse or claim against SARS, whether financial or otherwise, as a result of any Services rendered or work done without a duly signed-off Brief. Service Levels List Annexure B lists Service Levels that will apply to the performance of the Services. The Service Provider shall comply with the prescribed Service Levels as of the Effective Date.
View Source

Related to IN THE PERFORMANCE OF THE SERVICES

  • Performance of the Services In addition to the Common Articles, it is specified that:

  • Scope of the Services UNOPS intends to retain the Contractor for the implementation of the Services, and the Contractor intends to provide the Services. The Contractor has represented to UNOPS that it has the appropriate experience, expertise, licences, and resources to undertake the Services and has agreed to undertake the Services in accordance with the Contract. In reliance on the Contractor’s representations UNOPS has entered into the Contract. The Contract sets out the terms and conditions upon which the Contractor will undertake the Services.

  • Services Performance All services are performed using generally recognized commercial practices and standards. Customer agrees to provide prompt notice of any such service concerns and HP will re-perform any service that fails to meet this standard.

  • Performance of the Company The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement and the Registration Rights Agreement to be performed, satisfied or complied with by the Company at or prior to the Commencement. The Company shall deliver to the Investor on the Commencement Date the compliance certificate substantially in the form attached hereto as Exhibit C (the “Compliance Certificate”).

  • Responsibility for Performance Participation in state Centralized Contracts by Authorized Users is permitted upon the following conditions: (i) the responsibility with regard to performance of any contractual obligation, covenant, condition or term thereunder by any Authorized User other than State Agencies shall be borne and is expressly assumed by such Authorized User and not by the State; (ii) a breach of the Contract by any particular Authorized User shall neither constitute nor be deemed a breach of the Contract as a whole which shall remain in full force and effect, and shall not affect the validity of the Contract nor the obligations of the Contractor thereunder respecting non-breaching Authorized Users, whether State or otherwise; (iii) for a breach by an Authorized User other than a State Agency, the State specifically and expressly disclaims any and all liability for such breach; and (iv) each non-state agency Authorized User and Contractor guarantees to save the State, its officers, agents and employees harmless from any liability that may be or is imposed by their failure to perform in accordance with its obligations under the Contract.