SERVICES AND PERFORMANCE Sample Clauses
SERVICES AND PERFORMANCE. A. In connection with Third Party Administration of Federally-Mandated Drug and Alcohol Testing Services , the Department does hereby retain the Vendor to furnish certain services, information, and items as described in Exhibit "A," attached hereto and made a part hereof.
B. Before making any additions or deletions to the work described in this Agreement, and before undertaking any changes or revisions to such work, the parties shall negotiate any necessary cost changes and shall enter into an Amendment covering such work and compensation. Reference herein to this Agreement shall include any amendment(s).
C. All tracings, plans, specifications, maps, computer files, and reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived therefrom, shall be the exclusive property of the Department without restriction or limitation on their use and shall be made available, upon request, to the Department at any time during the performance of such services and/or upon completion or termination of this Agreement. Upon delivery to the Department of said document(s), the Department shall become the custodian thereof in accordance with Chapter 119, Florida Statutes. The Vendor shall not copyright any material and products or patent any invention developed under this Agreement. The Department shall have the right to visit the site for inspection of the work and the products of the Vendor at any time.
D. All final plans, documents, reports, studies, and other data prepared by the Vendor shall bear the professional's seal/signature, in accordance with the applicable Florida Statutes, Administrative Rules promulgated by the Department of Business and Professional Regulation, and guidelines published by the Department, in effect at the time of execution of this Agreement. In the event that changes in the statutes or rules create a conflict with the requirements of published guidelines, requirements of the statutes and rules shall take precedence.
E. The Vendor agrees to provide project schedule progress reports in a format acceptable to the Department and at intervals established by the Department. The Department shall be entitled at all times to be advised, at its request, as to the status of work being done by the Vendor and of the details thereof. Coordination shall be maintained by the Vendor with representatives of the Department, or of other agencies interested in the project on behalf of the Department. E...
SERVICES AND PERFORMANCE. A. Before making any additions or deletions to the work described in the Agreement, and before undertaking any changes or revisions to such work, the parties will negotiate any necessary cost changes and will enter into a Supplemental Agreement covering such work and compensation. Reference herein to the Agreement will be considered to include any Supplemental Agreement.
B. In the performance of professional services, the Consultant will use that degree of care and skill ordinarily exercised by other similar professionals in the field under similar conditions in similar localities. The Consultant will use due care in performing its services and will have due regard for acceptable engineering standards and principles. Consultant's standard of care shall not be altered by the application, interpretation, or construction of any other provision of this Agreement.
C. The Consultant agrees to provide project schedule progress reports in a format acceptable to the Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request, as to the status of work being done by the Consultant and of the details thereof. Coordination will be maintained by the Consultant with representatives of the Department, or of other agencies interested in the project on behalf of the Department. Either party to the Agreement may request and be granted a conference.
D. All services will be performed by the Consultant to the satisfaction of the Director who will decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of the Agreement, the prosecution and fulfillment of the services hereunder and the character, quality, amount and value thereof; and the decision upon all claims, questions and disputes will be final and binding upon the parties hereto. Adjustments of compensation and contract time because of any major changes in the work that may become necessary or desirable as the work progresses will be subject to mutual agreement of the parties, and Supplemental Agreement(s) of such a nature as required will be entered into by the parties in accordance herewith. In the event that the Consultant and the Department are not able to reach an agreement as to the amount of compensation to be paid to the Consultant for supplemental work desired by the Department, the Consultant will be obligated to proceed with the supplemental work in a timely manner for the amount determine...
SERVICES AND PERFORMANCE. (a) The Proposer shall prepare a responsive Proposal in response to the RFP. A “responsive” Proposal means a Proposal submitted by a shortlisted proposer which conforms in all material respects to the requirements of the RFP, as determined by TxDOT, in its sole discretion, and is timely received by TxDOT.
(b) Subject to the provisions of the RFP Documents regarding ownership of EPDs, all work performed by Proposer and its team members pursuant to this Payment for Work Product Agreement and in connection with the Proposal shall be considered work for hire, and the products of such work shall become the property of TxDOT without restriction or limitation on their use. Neither Proposer nor any of its team members shall copyright any of the material developed under this Payment for Work Product Agreement.
SERVICES AND PERFORMANCE. Subcontractor agrees to provide services as per each participant identified in the “Individual Training Sub-Agreement” see Attachment B. The Subcontractor assures performance whether directly or through a third party contractor will be in accordance with, and within the period of, this Agreement and Individual Training Sub-Agreement and will immediately report any conditions that may adversely affect performance to the County as soon as they become known.
SERVICES AND PERFORMANCE. The Proposer shall prepare a responsive Proposal in response to the RFP. A “responsive” Proposal means a Proposal submitted by a shortlisted proposer which conforms in all material respects to the requirements of the RFP, as determined by TxDOT, in its sole discretion, and is timely received by TxDOT.
SERVICES AND PERFORMANCE. A. The Department does hereby retain the Consultant to furnish certain services as described in Exhibit "A", attached hereto and made a part hereof, in connection with
B. Unless changed by written agreement, the site for inspection of work referenced in Section 1.I of the Standard Professional Services Terms for American Recovery & Reinvestment Act Projects, will be
SERVICES AND PERFORMANCE. A. The COUNTY shall be responsible for the preparation of all design plans for the PROJECT at COUNTY’s sole expense. Said design plans shall include the design for the installation and maintenance of any and all plants, planting material, and irrigation systems, to be maintained by the COUNTY under this Agreement (the “Plans”). The Plans shall be deemed to be incorporated by this reference into this Agreement upon completion by the COUNTY.
B. The COUNTY shall have the sole responsibility for resolving claims and requests for the addition of work for the PROJECT. The COUNTY will make best efforts to obtain the DEPARTMENT’S input in its decisions.
C. The COUNTY shall furnish the services with which to undertake and complete the PROJECT, which shall consist of both an i) Installation Phase and ii) Maintenance Phase, said services being further described in Exhibit “A” to this Agreement.
D. The COUNTY agrees to undertake and complete the PROJECT in accordance with all applicable statutes, rules and regulations, including DEPARTMENT standards and specifications and in accordance with District Three Landscape Care Guide – Landscape and Irrigation Care along the State Highway System, dated February 4, 2016, as may be amended or revised from time to time (“Landscape Care Guide”), which is hereby incorporated by reference into this Agreement. The COUNTY shall take the necessary steps to ensure the PROJECT is completed within state or COUNTY right-of-way, or an appropriate easement has been acquired for off right-of-way actions. The COUNTY shall be responsible for obtaining clearances/permits required for the PROJECT from the appropriate permitting authorities.
i). The COUNTY shall obtain a Landscape Permit from the
SERVICES AND PERFORMANCE. As directed by the City and under the management of , or of the City Manager, the Contractor shall provide the services described in Exhibit A (the “Services”). Exhibit A is incorporated herein in its entirety. The City may request a change or changes in the Services. Any changes that are mutually agreed upon between the City and the Contractor shall be made in writing and upon execution by both Parties shall become an amendment to this Agreement.
SERVICES AND PERFORMANCE. A. In compliance with all terms and conditions of this Agreement, Consultant shall provide services more particularly described in the “Scope of Services,” which is attached hereto and incorporated herein by this reference as Exhibit A. The services may be referred to herein as the “Services” or “Work.” In the event of any inconsistency between the terms of Exhibit A and this Agreement, the terms of this Agreement shall govern.
B. As a material inducement to City entering into this Agreement, Consultant represents and warrants that Consultant is a provider of first-class work and services, and Consultant is experienced in performing the type of work and services contemplated herein. The minimum standard of care for all professional services performed or furnished by Consultant under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Consultant represents that the Services will be performed by Consultant or under its direct supervision, and that all personnel engaged in such Work shall be fully qualified and shall be authorized and permitted under applicable Federal, State, and local law to perform such Work. Consultant shall pay all wages, salaries, and other amounts due to such personnel in connection with their performance of the Services and as required by law C. The experience, knowledge, capability, and reputation of Consultant, its principals, and employees were a substantial inducement for City to enter into this Agreement. Therefore, without the prior written approval of City, which may be given or withheld at City’s sole and absolute discretion, Consultant shall not (i) contract with any other entity to perform in whole or in part the Services required hereunder; or (ii) transfer, assign, convey, or encumber (voluntarily or by operation of law) any or all of this Agreement.
D. Consultant shall obtain and maintain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement prior to the commencement of Services. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant’s performance of the Services, and shall indemnify, defend, and hold harmless City and its elected and appointed officials,...
SERVICES AND PERFORMANCE. The Company does hereby appoint and engage the Consultant for the term of this Agreement to perform such services as are specifically assigned and pre-approved by the Company. The Consultant shall only receive assignments (and/or pre-approvals) hereunder from the Company's Chief Executive Officer and/or his designees. The nature of the services that the Consultant may be required to render include promoting the Company's interest with officials of the U.S. Government and performing projects related to the Company's businesses in the Commonwealth of Independent States (including Russia) and such other projects as the Company shall request from time to time. The Consultant shall also represent the Company in the most favorable possible light with customers, community and academic groups and individuals as well as the public at large.