Common use of Operation of the Contract Clause in Contracts

Operation of the Contract. The Supplier shall properly manage and monitor the supply of the Goods and Services and inform AHDB in Writing without undue delay if any aspect of the Contract is not being or is unable to be performed. The Supplier shall provide all the facilities necessary to supply the Goods and Services. Any materials or processes used in connection with the supply of the Goods and Services shall be in accordance with standards set out in the Contract. The Supplier shall supply the Goods and Services to AHDB in accordance with the Specification and ensure that its employees, agents and sub-contractors act with reasonable skill, care and diligence. The Supplier shall take reasonable steps to follow best professional or good industry practice and ensure compliance with all applicable laws, codes of practice, guidelines and any Standards set out in the Specification, by itself and its servants, employees, agents and sub-contractors. The Supplier confirms that: it will comply with best practice and relevant provisions, whether statutory or otherwise, relating to health and safety at work; it will comply with the Data Protection Act 1998 and take appropriate technical and organisational measures to protect against unauthorised or unlawful processing and against accidental loss or destruction of, or damage to, personal data and sensitive data; it will not unlawfully discriminate within the meaning and scope of the provisions of the Equality Act 2010; it will comply with the Bribery Act. The Supplier confirms that in entering into the Contract it has not: colluded with any competitor in formulating its offer to supply the Goods and Services except insofar as any such competitor is a named participant in a consortium in relation to supply of the Goods and Services of which the Supplier is also a participant; canvassed any person associated with AHDB or otherwise sought improperly to improve its competitive position in relation to this Contract; done or omitted to do anything that would result in a breach of the Bribery Act 2010. Except to the extent permitted in this Contract, the Supplier shall treat all Confidential Information belonging to AHDB as confidential and shall not disclose any such Confidential Information to any other person without the prior consent in Writing of AHDB, except under an obligation of confidentiality upon such persons and to such extent as may be necessary for the performance of the Supplier’s obligations under the Contract. Each Party may discuss the Contract and its performance with any adviser or consultant subject to appropriate conditions of confidentiality. The Supplier shall promptly and in any case not later than one week of its becoming aware of any circumstances likely to adversely affect the supply of the Goods and Services bring these matters to the attention of AHDB in Writing and the Primary Contacts shall reasonably agree any consequential action that shall be taken. Each Party shall, subject to being informed reasonably in advance, attend all meetings specified in the Contract or otherwise reasonably arranged by either Party for the discussion of matters concerned with the supply of the Goods and Services. At any time prior to delivery of the Goods to AHDB or completion of the Services AHDB (or its nominee) shall have the right to inspect and test the Goods or inspect the work being carried out in performance of the Services. If at the date of the inspection the Goods are located or the Services are being performed at the premises of the Supplier or its associated companies or sub-contractors, the Supplier shall procure that AHDB or its nominees have access on reasonable notice and shall ensure that the inspectors shall receive such information and assistance as they reasonably request in relation to their inspection or testing of the Goods or Services. If the results of such inspection or testing cause AHDB to be of the opinion (acting reasonably) that the Goods and/or Services do not conform or are unlikely to conform to the Specification, or that the Goods and/or Services may not be delivered to time, AHDB may at its option: inform the Supplier in Writing, following which the Supplier shall immediately take such action as is necessary to ensure conformity or timely delivery as the case may be;

Operation of the Contract. The Supplier shall properly manage and monitor the supply of the Goods and Services and inform AHDB in Writing without undue delay if any aspect of the Contract is not being or is unable to be performed. The Supplier shall provide all the facilities necessary to supply the Goods and Services. Any materials or processes used in connection with the supply of the Goods and Services shall be in accordance with standards set out in the Contract. The Supplier shall supply the Goods and Services to AHDB in accordance with the Specification and ensure that its employees, agents and sub-contractors act with reasonable skill, care and diligence. The Supplier shall take reasonable steps to follow best professional or good industry practice and ensure compliance with all applicable laws, codes of practice, guidelines and any Standards set out in the Specification, by itself and its servants, employees, agents and sub-contractors. The Supplier confirms that: it will comply with best practice and relevant provisions, whether statutory or otherwise, relating to health and safety at work; it will comply with the Data Protection Act 1998 and take appropriate technical and organisational measures to protect against unauthorised or unlawful processing and against accidental loss or destruction of, or damage to, personal data and sensitive dataDPL; it will not unlawfully discriminate within the meaning and scope of the provisions of the Equality Act 2010; it will comply with the Bribery Act. The Supplier confirms that in entering into the Contract it has not: colluded with any competitor in formulating its offer to supply the Goods and Services except insofar as any such competitor is a named participant in a consortium in relation to supply of the Goods and Services of which the Supplier is also a participant; canvassed any person associated with AHDB or otherwise sought improperly to improve its competitive position in relation to this Contract; done or omitted to do anything that would result in a breach of the Bribery Act 2010. Except to the extent permitted in this Contract, the Supplier shall treat all Confidential Information belonging to AHDB as confidential and shall not disclose any such Confidential Information to any other person without the prior consent in Writing of AHDB, except under an obligation of confidentiality upon such persons and to such extent as may be necessary for the performance of the Supplier’s obligations under the Contract. Each Party may discuss the Contract and its performance with any adviser or consultant subject to appropriate conditions of confidentiality. The Supplier shall promptly and in any case not later than one week of its becoming aware of any circumstances likely to adversely affect the supply of the Goods and Services bring these matters to the attention of AHDB in Writing and the Primary Contacts shall reasonably agree any consequential action that shall be taken. Each Party shall, subject to being informed reasonably in advance, attend all meetings specified in the Contract or otherwise reasonably arranged by either Party for the discussion of matters concerned with the supply of the Goods and Services. At any time prior to delivery of the Goods to AHDB or completion of the Services AHDB (or its nominee) shall have the right to inspect and test the Goods or inspect the work being carried out in performance of the Services. If at the date of the inspection the Goods are located or the Services are being performed at the premises of the Supplier or its associated companies or sub-contractors, the Supplier shall procure that AHDB or its nominees have access on reasonable notice and shall ensure that the inspectors shall receive such information and assistance as they reasonably request in relation to their inspection or testing of the Goods or Services. If the results of such inspection or testing cause AHDB to be of the opinion (acting reasonably) that the Goods and/or Services do not conform or are unlikely to conform to the Specification, or that the Goods and/or Services may not be delivered to time, AHDB may at its option: inform the Supplier in Writing, following which the Supplier shall immediately take such action as is necessary to ensure conformity or timely delivery as the case may be;

Operation of the Contract. The Supplier shall properly manage and monitor the supply of the Goods and Services and inform AHDB in Writing without undue delay if any aspect of the Contract is not being or is unable to be performed. The Supplier shall provide all the facilities necessary to supply the Goods and Services. Any materials or processes used in connection with the supply of the Goods and Services shall be in accordance with standards set out in the Contract. The Supplier shall supply the Goods and Services to AHDB in accordance with the Specification and ensure that its employees, agents and sub-contractors act with reasonable skill, care and diligence. The Supplier shall take reasonable steps to follow best professional or good industry practice and ensure compliance with all applicable laws, codes of practice, guidelines and any Standards set out in the Specification, by itself and its servants, employees, agents and sub-contractors. The Supplier confirms that: it will comply with best practice and relevant provisions, whether statutory or otherwise, relating to health and safety at work; it will comply with the Data Protection Act 1998 and take appropriate technical and organisational measures to protect against unauthorised or unlawful processing and against accidental loss or destruction of, or damage to, personal data and sensitive dataDPL; it will not unlawfully discriminate within the meaning and scope of the provisions of the Equality Act 2010▇▇▇ ▇▇▇▇; it will comply with the Bribery Act. The Supplier confirms that in entering into the Contract it has not: colluded with any competitor in formulating its offer to supply the Goods and Services except insofar as any such competitor is a named participant in a consortium in relation to supply of the Goods and Services of which the Supplier is also a participant; canvassed any person associated with AHDB or otherwise sought improperly to improve its competitive position in relation to this Contract; done or omitted to do anything that would result in a breach of the Bribery Act 2010▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇. Except to the extent permitted in this Contract, the Supplier shall treat all Confidential Information belonging to AHDB as confidential and shall not disclose any such Confidential Information to any other person without the prior consent in Writing of AHDB, except under an obligation of confidentiality upon such persons and to such extent as may be necessary for the performance of the Supplier’s obligations under the Contract. Each Party may discuss the Contract and its performance with any adviser or consultant subject to appropriate conditions of confidentiality. The Supplier shall promptly and in any case not later than one week of its becoming aware of any circumstances likely to adversely affect the supply of the Goods and Services bring these matters to the attention of AHDB in Writing and the Primary Contacts shall reasonably agree any consequential action that shall be taken. Each Party shall, subject to being informed reasonably in advance, attend all meetings specified in the Contract or otherwise reasonably arranged by either Party for the discussion of matters concerned with the supply of the Goods and Services. At any time prior to delivery of the Goods to AHDB or completion of the Services AHDB (or its nominee) shall have the right to inspect and test the Goods or inspect the work being carried out in performance of the Services. If at the date of the inspection the Goods are located or the Services are being performed at the premises of the Supplier or its associated companies or sub-contractors, the Supplier shall procure that AHDB or its nominees have access on reasonable notice and shall ensure that the inspectors shall receive such information and assistance as they reasonably request in relation to their inspection or testing of the Goods or Services. If the results of such inspection or testing cause AHDB to be of the opinion (acting reasonably) that the Goods and/or Services do not conform or are unlikely to conform to the Specification, or that the Goods and/or Services may not be delivered to time, AHDB may at its option: inform the Supplier in Writing, following which the Supplier shall immediately take such action as is necessary to ensure conformity or timely delivery as the case may be;; reject the Goods or Services; or require and witness further testing and inspection. Notwithstanding any such inspection or testing, the Supplier shall remain fully responsible for the Goods and the Services and any such inspection or testing shall not diminish or otherwise affect the Supplier's obligations under the Contract. Without prejudice to the provisions of Annex 2, where a Supplier enters into a Sub-Contract for the purpose of performing its obligations under the Contract, it shall ensure that provisions are included mutatis mutandis in the Sub-Contract which: have the same effect as Conditions 11.3, 11.3.1 and 11.3.2; and