Common use of The Performance Clause in Contracts

The Performance. 1. The Contractor will carry out the order for the Client to the best of its understanding and abilities. Unless expressly agreed otherwise in writing in the Agreement, the Contractor is subject to an obligation to perform to the best of its ability and not to an obligation to achieve a result. 2. Unless expressly agreed otherwise in writing in the Agreement, the Contractor will be permitted to work, in any form, for a company which is identical, similar or related to that of the Client. 3. The Contractor shall make every reasonable effort to observe as much as possible the (delivery and or completion) dates as agreed by the Parties. Delivery and/or completion dates agreed by the Parties are always indicative in nature and are not final, unless the Parties to the Agreement have expressly agreed otherwise in writing. An agreed period applicable to the Contractor shall not commence until after the Agreement has been concluded and the Contractor is in possession of all information necessary for the performance of the Agreement. An agreed period applicable to the Contractor will be extended at least by the number of days that have lapsed between the time the Agreement is concluded and the moment at which all information necessary for the performance of the Agreement has come into the possession of the Contractor. 4. If any term is likely to be exceeded, the Parties will enter into consultation to discuss the consequences of the exceedance for further planning. In all cases – therefore also if the Parties have agreed a final (delivery or completion) date – the Contractor will only be in default, after the Client has given the Contractor a written notice of default, whereby Client will set the Contractor a reasonable term to clear the shortcoming in the performance by Contractor. 5. The Contractor reserves the right to have the order (partly) carried out by (a) third party / Parties. In such case the Contractor will always prior consult the Client and the Client will have to give approval to such third party / Parties. 6. In order to enable the Contractor to properly carry out the agreed services, the Customer will timely provide the Contractor with all the information and details which it can reasonably suspect to be necessary for the adequate execution of the agreed services.