Common use of Services and Delivery Clause in Contracts

Services and Delivery. The Consultant shall perform the Services as specified by the MFA in Appendix 1 and the Consultant in Appendix 2 in accordance with this Agreement. The Consultant shall to the greatest extent possible avoid replacing staff assigned to perform the Services. If a replacement is necessary, this can only be done with the prior written acceptance of the MFA. Such acceptance shall not be unreasonably withheld. In case of replacement of staff, the new team member must have at minimum the same qualifications as the replaced staff. Upon request the Consultant must be able to submit documentation for the qualifications of the staff allocated to perform the Services. Where staff are replaced, all cost of replacement shall be borne by the Consultant. The fee for a new team member shall be in accordance with Appendix 2. The hourly rate of a new team member shall not exceed that the hourly rate of the staff which the new team member replaces. If the hourly rate of a new team member is less than the hourly rate of the replaced staff, the lesser hourly rate shall apply. It is furthermore the responsibility of the Consultant that the performance of the Services is executed in accordance with applicable law, and otherwise in accordance with prevailing market practice and any other rules or guidelines that may influence the performance of the Services. The Consultant shall obtain and maintain all necessary permissions and approvals for the performance of the Services and, upon request from the MFA, document that necessary permissions and approvals are in place. The Services shall not be considered completed and delivered until acknowledged by the MFA's approval of the Services. The MFA shall, however, not unreasonably withhold or delay this approval.

Services and Delivery. The Consultant shall perform the Services as specified by the MFA in Appendix 1 and the Consultant in Appendix 2 in accordance with this Agreement. The Consultant shall to the greatest extent possible avoid replacing staff assigned to perform the Services. If a replacement is necessary, this can only be done with the prior written acceptance of the MFA. Such acceptance shall not be unreasonably withheld. In case of replacement of staff, the new team member must have at minimum the same qualifications as the replaced staff. Upon request the Consultant must be able to submit documentation for the qualifications of the staff allocated to perform the Services. Where staff are replaced, all cost of replacement shall be borne by the Consultant. The fee for a new team member shall be in accordance with Appendix 2. The hourly rate of a new team member shall not exceed that the hourly rate of the staff which the new team member replaces. If the hourly rate of a new team member is less than the hourly rate of the replaced staff, the lesser hourly rate shall apply. It is furthermore the responsibility of the Consultant that the performance of the Services is executed in accordance with applicable law, and otherwise in accordance with prevailing market practice and any other rules or guidelines that may influence the performance of the Services. The Consultant shall obtain and maintain all necessary permissions and approvals for the performance of the Services and, upon request from the MFA, document that necessary permissions and approvals are in place. The Services shall not be considered completed and delivered until acknowledged by the MFA's approval of the Services. The MFA shall, however, not unreasonably withhold or delay this approval. Labour Clause and CSR The Consultant shall comply with the CSR requirements and the labour clause set out in Appendix 3. Intellectual Property Rights The Consultant declares by signing this Agreement that his performance of the Services does not violate any third party rights and the Consultant shall indemnify the MFA for any claim or any cost in that connection. The MFA - and whomever the MFA may choose to designate such right to - shall be entitled, without any extra remuneration to the Consultant, to use and modify the material collected, prepared and acquired under this Agreement. On request, the Consultant shall provide to the MFA all such material in the form required by the MFA. The Consultant shall retain all other rights to its ideas and the material prepared by him. The Consultant shall also be entitled to keep at its disposal the material prepared by him in connection with the carrying out of the Agreement, provided that educational material, user manuals, operating instructions and similar material shall be used only as a generic product in connection with other assignments.