Common use of Licence to Occupy Premises Clause in Contracts

Licence to Occupy Premises. Any Customer’s Premises shall be made available to the Supplier on a non-exclusive licence basis free of charge and shall be used by the Supplier solely for the purpose of performing its obligations under this Call Off Contract. The Supplier shall have the use of such Customer’s Premises as licensee and shall vacate the same immediately upon completion, termination, expiry or abandonment of this Call Off Contract and in accordance with Clause 6.3.4. The Supplier shall limit access to the Customer’s Premises to such Staff as is necessary to enable it to perform its obligations under this Call Off Contract and the Supplier shall co-operate (and ensure that the Staff co-operate) with such other persons working concurrently on such Customer’s Premises as the Customer may reasonably request. Save in relation to such actions identified by the Supplier in accordance with Clause 10.1.1 and set out in the Order Form, should the Supplier require modifications to the Customer’s Premises, such modifications shall be subject to Approval and shall be carried out by the Customer at the Supplier's expense. The Customer shall undertake any modification work which it approves pursuant to this Clause 10.2.3 without undue delay. Ownership of such modifications shall rest with the Customer. The Supplier shall (and shall ensure that the Staff shall) observe and comply with such rules and regulations as may be in force at any time for the use of such Customer’s Premises and conduct of personnel at the Customer’s Premises as determined by the Customer, and the Supplier shall pay for the full cost of making good any damage caused by the Staff other than fair wear and tear. For the avoidance of doubt, damage includes without limitation damage to the fabric of the buildings, plant, fixed equipment or fittings therein. The Parties agree that there is no intention on the part of the Customer to create a tenancy of any nature whatsoever in favour of the Supplier or the Staff and that no such tenancy has or shall come into being and, notwithstanding any rights granted pursuant to this Call Off Contract, the Customer retains the right at any time to use any Customer’s Premises in any manner it sees fit. Security of Premises The Customer shall be responsible for maintaining the security of the Customer’s Premises in accordance with the Security Policy. The Supplier shall comply and shall ensure that all Staff comply with the Security Policy and any other reasonable security requirements of the Customer while on the Customer’s Premises. The Customer shall provide the Supplier upon written request with a copy of its Security Policy and any other written security requirements and shall afford the Supplier upon request for Approval ( the decision to Approve or not will not be unreasonably withheld or delayed)an opportunity to inspect its physical security arrangements. PROPERTY Where the Customer issues Property free of charge to the Supplier such Property shall be and remain the Property of the Customer and the Supplier irrevocably licences the Customer and its agents to enter upon any premises of the Supplier during normal business hours on reasonable notice to recover any such Property. The Supplier shall not in any circumstances have a lien or any other interest on the Property and at all times the Supplier shall possess the Property as fiduciary agent and bailee of the Customer. The Supplier shall take all reasonable steps to ensure that the title of the Customer to the Property and the exclusion of any such lien or other interest are brought to the notice of all Sub-Contractors and other appropriate persons and shall, at the Customer's request, store the Property separately and securely and ensure that it is clearly identifiable as belonging to the Customer. The Property shall be deemed to be in good condition when received by or on behalf of the Supplier unless the Supplier notifies the Customer otherwise within five (5) Working Days of receipt. The Supplier shall maintain the Property in good order and condition (excluding fair wear and tear) and shall use the Property solely in connection with this Call Off Contract and for no other purpose without Approval. The Supplier shall ensure the security of all the Property whilst in its possession, either on the Premises or elsewhere during the supply of the Services, in accordance with the Customer's Security Policy and the Customer’s reasonable security requirements from time to time. The Supplier shall be liable for all loss of, or damage to the Property, (excluding fair wear and tear), unless such loss or damage was solely caused by the Customer Cause. The Supplier shall inform the Customer immediately of becoming aware of any defects appearing in or losses or damage occurring to the Property. STANDARDS AND QUALITY The Supplier shall at all times during the Call Off Contract Period comply with the Standards and where applicable shall maintain accreditation with the relevant Standards' authorisation body. To the extent that the standard to which the Services must be provided has not been specified in this Call Off Contract, the Supplier shall agree the relevant standard for the provision of the Services with the Customer prior to the commencement of the supply of the Services and, in any event, the Supplier shall perform its obligations under this Call Off Contract in accordance with the Law and Good Industry Practice. The Supplier shall ensure that the Staff shall at all times during the Call Off Contract Period: faithfully and diligently perform those duties and exercise such powers as necessary in connection with the provision of the Services; obey all lawful instructions and reasonable directions of the Customer and provide the Services to the reasonable satisfaction of the Customer; and apply all due skill, care, diligence and are appropriately experienced, qualified and trained to supply the Services in accordance with this Call Off Contract. The Supplier shall ensure at all times during the Call Off Contract Period that: it performs its obligations under this Call Off Contract in a timely manner and in accordance with the date(s) and the Milestone Dates (if any) specified in the Order Form; it supplies the Services in conformity with the specification in Framework Schedule 1 (Services and Key Performance Indicators), the Order Form and in accordance with all applicable Laws; it supplies the Services in accordance with the Tender or, where the Customer has entered into this Call Off Contract following a Further Competition Procedure, in accordance with the Supplier Call Off Solution. [TESTING This Clause 13 shall apply if so specified by the Customer in the Order Form. The Parties shall carry out their obligations set out in Call Off Schedule 4 (Testing). In the case of any additional and/or alternative testing requirements of the Customer, the provisions relating to Testing shall apply as stipulated by the Customer in a Further Competition Procedure.]

Appears in 2 contracts

Samples: data.gov.uk, assets.crowncommercial.gov.uk

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Licence to Occupy Premises. Any Customer’s land or Premises made available from time to time to the Service Provider by the Customer in connection with the Contract shall be made available to the Supplier Service Provider on a non-exclusive licence basis free of charge and shall be used by the Supplier Service Provider solely for the purpose of performing its obligations under this Call Off the Contract. The Supplier Service Provider shall have the use of such Customer’s land or Premises as licensee and shall vacate the same immediately upon on completion, termination, expiry termination or abandonment of this Call Off the Contract and in accordance with Clause 6.3.4or as directed by the Customer. The Supplier Service Provider shall limit access to the Customer’s land or Premises to such Staff as is necessary to enable it to perform its obligations under this Call Off the Contract and the Supplier Service Provider shall co-operate (and ensure that the its Staff co-operate) with such other persons working concurrently on such Customer’s land or Premises as the Customer may reasonably request. Save in relation to such actions identified by Should the Supplier in accordance with Clause 10.1.1 and set out in the Order Form, should the Supplier Service Provider require modifications to the Customer’s Premises, such modifications shall be subject to prior Approval and shall be carried out by the Customer at the Supplier's Service Provider’s expense. The Customer shall undertake any Approved modification work which it approves pursuant to this Clause 10.2.3 without undue delay. Ownership of such modifications shall rest with the Customer. The Supplier Service Provider shall (and shall ensure that the its Staff shall) observe and comply with such rules and regulations as may be in force at any time for the use of such Customer’s Premises and conduct of personnel at the Customer’s Premises as determined by the Customer, and the Supplier Service Provider shall pay for the full cost of making good any damage caused by the Service Provider or its Staff other than fair wear and tear. For the avoidance of doubt, damage includes without limitation damage to the fabric of the buildings, plant, fixed equipment or fittings therein. The Parties agree that there is no intention on the part of the Customer to create a tenancy of any nature whatsoever in favour of the Supplier Service Provider or the its Staff and that no such tenancy has or shall come into being and, notwithstanding any rights granted pursuant to this Call Off the Contract, the Customer retains the right at any time to use any Customer’s Premises premises owned or occupied by it in any manner that it sees fit. Security of Premises The Customer shall be responsible for maintaining the security of the Customer’s Premises in accordance with the Security Policy. The Supplier shall comply and shall ensure that all Staff comply with the Security Policy and any other reasonable security requirements of the Customer while on the Customer’s Premises. The Customer shall provide the Supplier upon written request with a copy of its Security Policy and any other written security requirements and shall afford the Supplier upon request for Approval ( the decision to Approve or not will not be unreasonably withheld or delayed)an opportunity to inspect its physical security arrangements. PROPERTY Property Where the Customer issues Property free of charge to the Supplier Service Provider such Property shall be and remain the Property property of the Customer and the Supplier Service Provider irrevocably licences the Customer and its agents to enter upon any premises of the Supplier Service Provider during normal business hours on reasonable notice to recover any such Property. The Supplier Service Provider shall not in any circumstances have a lien or any other interest on in the Property and at all times the Supplier Service Provider shall possess the Property as fiduciary agent and bailee of the Customer. The Supplier Service Provider shall take all reasonable steps to ensure that the title of the Customer to the such Property and the exclusion of any such lien or other interest are brought to the notice of all Sub-Contractors contractors and other appropriate persons and shall, at the Customer's ’s request, store the Property separately and securely and ensure that it is clearly identifiable as belonging to the Customer. The Property shall be deemed to be in good condition when received by or on behalf of the Supplier Service Provider unless the Supplier Service Provider notifies the Customer otherwise within five (5) Working Days of receipt. The Supplier Service Provider shall maintain the Property in good order and condition (excluding fair wear and tear) ), and shall use the Property solely in connection with this Call Off the Contract and for no other purpose without prior Approval. The Supplier Service Provider shall ensure the security of all the Property whilst in its possession, either on the Premises or elsewhere during the supply of the Services, in accordance with the Customer's Security Policy and the Customer’s reasonable security requirements as required from time to time. The Supplier Service Provider shall be liable for all loss of, or damage to to, the Property, Property (excluding fair wear and tear), unless such loss or damage was solely caused by the Customer CauseCustomer’s Default. The Supplier Service Provider shall inform the Customer immediately within two (2) Working Days of becoming aware of any defects appearing in or losses or damage occurring to the Property. STANDARDS AND QUALITY The Supplier shall at all times during the Call Off Contract Period comply with the Standards and where applicable shall maintain accreditation with the relevant Standards' authorisation body. To the extent that the standard to which the Services must be provided has not been specified in this Call Off Contract, the Supplier shall agree the relevant standard for the provision of the Services with the Customer prior to the commencement of the supply of the Services and, in any event, the Supplier shall perform its obligations under this Call Off Contract in accordance with the Law and Good Industry Practice. The Supplier shall ensure that the Staff shall at all times during the Call Off Contract Period: faithfully and diligently perform those duties and exercise such powers as necessary in connection with the provision of the Services; obey all lawful instructions and reasonable directions of the Customer and provide the Services to the reasonable satisfaction of the Customer; and apply all due skill, care, diligence and are appropriately experienced, qualified and trained to supply the Services in accordance with this Call Off Contract. The Supplier shall ensure at all times during the Call Off Contract Period that: it performs its obligations under this Call Off Contract in a timely manner and in accordance with the date(s) and the Milestone Dates (if any) specified in the Order Form; it supplies the Services in conformity with the specification in Framework Schedule 1 (Services and Key Performance Indicators), the Order Form and in accordance with all applicable Laws; it supplies the Services in accordance with the Tender or, where the Customer has entered into this Call Off Contract following a Further Competition Procedure, in accordance with the Supplier Call Off Solution. [TESTING This Clause 13 shall apply if so specified by the Customer in the Order Form. The Parties shall carry out their obligations set out in Call Off Schedule 4 (Testing). In the case of any additional and/or alternative testing requirements of the Customer, the provisions relating to Testing shall apply as stipulated by the Customer in a Further Competition Procedure.]

Appears in 2 contracts

Samples: data.gov.uk, data.gov.uk

Licence to Occupy Premises. Any Customer’s land or Premises made available from time to time to the Supplier by the Customer in connection with the Contract shall be made available to the Supplier on a non-exclusive non‑exclusive licence basis free of charge and shall be used by the Supplier solely for the purpose of performing its obligations under this Call Off the Contract. The Supplier shall have the use of such Customer’s land or Premises as licensee and shall vacate the same immediately upon completion, termination, expiry or abandonment of this Call Off Contract and in accordance with Clause 6.3.4the Contract. The Supplier shall limit access to the Customer’s land or Premises to such Staff as is necessary to enable it to perform its obligations under this Call Off the Contract and the Supplier shall co-operate co‑operate (and ensure that the its Staff co-operateco‑operate) with such other persons working concurrently on such Customer’s land or Premises as the Customer may reasonably request. Save in relation to such actions identified by the Supplier in accordance with Clause 10.1.1 and set out in the Order Form, should the Supplier require modifications to the Customer’s Premises, such modifications shall be subject to Approval and shall be carried out by the Customer at the Supplier's expense. The Customer shall undertake any modification work which it approves pursuant to this Clause 10.2.3 without undue delay. Ownership of such modifications shall rest with the Customer. The Supplier shall (and shall ensure that the its Staff shall) observe and comply with such rules and regulations as may be in force at any time for the use of such Customer’s Premises and conduct of personnel at the Customer’s Premises as determined by the Customer, and the Supplier shall pay for the full cost of making good any damage caused by the Supplier or its Staff other than fair wear and tear. For the avoidance of doubt, damage includes without limitation damage to the fabric of the buildings, plant, fixed equipment or fittings therein. The Parties agree that there is no intention on the part of the Customer to create a tenancy of any nature whatsoever in favour of the Supplier or the its Staff and that no such tenancy has or shall come into being and, notwithstanding any rights granted pursuant to this Call Off the Contract, the Customer retains the right at any time to use any Customer’s Premises premises owned or occupied by it in any manner it sees fit. Security of Premises The Customer shall be responsible for maintaining the security of the Customer’s Premises in accordance with the Security Policy. The Supplier shall comply and shall ensure that all Staff comply with the Security Policy and any other reasonable security requirements of the Customer while on the Customer’s Premises. The Customer shall provide the Supplier upon written request with a copy of its Security Policy and any other written security requirements and shall afford the Supplier upon request for Approval ( the decision to Approve or not will not be unreasonably withheld or delayed)an opportunity to inspect its physical security arrangements. PROPERTY Where the Customer issues Property free of charge to the Supplier such Property shall be and remain the Property of the Customer and the Supplier irrevocably licences the Customer and its agents to enter upon any premises of the Supplier during normal business hours on reasonable notice to recover any such Property. The Supplier shall not in any circumstances have a lien or any other interest on the Property and at all times the Supplier shall possess the Property as fiduciary agent and bailee of the Customer. The Supplier shall take all reasonable steps to ensure that the title of the Customer to the Property and the exclusion of any such lien or other interest are brought to the notice of all Sub-Contractors and other appropriate persons and shall, at the Customer's request, store the Property separately and securely and ensure that it is clearly identifiable as belonging to the Customer. The Property shall be deemed to be in good condition when received by or on behalf of the Supplier unless the Supplier notifies the Customer otherwise within five (5) Working Days of receipt. The Supplier shall maintain the Property in good order and condition (excluding fair wear and tear) and shall use the Property solely in connection with this Call Off Contract and for no other purpose without Approval. The Supplier shall ensure the security of all the Property whilst in its possession, either on the Premises or elsewhere during the supply of the Services, in accordance with the Customer's Security Policy and the Customer’s reasonable security requirements from time to time. The Supplier shall be liable for all loss of, or damage to the Property, (excluding fair wear and tear), unless such loss or damage was solely caused by the Customer Cause. The Supplier shall inform the Customer immediately of becoming aware of any defects appearing in or losses or damage occurring to the Property. STANDARDS AND QUALITY The Supplier shall at all times during the Call Off Contract Period comply with the Standards and where applicable shall maintain accreditation with the relevant Standards' authorisation body. To the extent that the standard to which the Services must be provided has not been specified in this Call Off Contract, the Supplier shall agree the relevant standard for the provision of the Services with the Customer prior to the commencement of the supply of the Services and, in any event, the Supplier shall perform its obligations under this Call Off Contract in accordance with the Law and Good Industry Practice. The Supplier shall ensure that the Staff shall at all times during the Call Off Contract Period: faithfully and diligently perform those duties and exercise such powers as necessary in connection with the provision of the Services; obey all lawful instructions and reasonable directions of the Customer and provide the Services to the reasonable satisfaction of the Customer; and apply all due skill, care, diligence and are appropriately experienced, qualified and trained to supply the Services in accordance with this Call Off Contract. The Supplier shall ensure at all times during the Call Off Contract Period that: it performs its obligations under this Call Off Contract in a timely manner and in accordance with the date(s) and the Milestone Dates (if any) specified in the Order Form; it supplies the Services in conformity with the specification in Framework Schedule 1 (Services and Key Performance Indicators), the Order Form and in accordance with all applicable Laws; it supplies the Services in accordance with the Tender or, where the Customer has entered into this Call Off Contract following a Further Competition Procedure, in accordance with the Supplier Call Off Solution. [TESTING This Clause 13 shall apply if so specified by the Customer in the Order Form. The Parties shall carry out their obligations set out in Call Off Schedule 4 (Testing). In the case of any additional and/or alternative testing requirements of the Customer, the provisions relating to Testing shall apply as stipulated by the Customer in a Further Competition Procedure.]

Appears in 2 contracts

Samples: data.gov.uk, data.gov.uk

Licence to Occupy Premises. Any Customer’s Premises shall be made available The Customer hereby grants to the Supplier on free of charge a non-exclusive licence basis free of charge to access and shall be used by use the Supplier Proposed Premises and the Premises solely for the purpose of performing its obligations under this Call Off the Contract. Such right is as licensee only, and is terminable on notice by the Customer (provided that any such notice shall constitute Force Majeure). Such licence shall automatically terminate: in the case of a Proposed Premises, following completion of the Site Assessment for that Proposed Premises; and in the case of a Premises, immediately at the end of the Premises Term for that Premises (save for the purpose of complying with Clause 50.4). The licence granted by the Customer to the Supplier pursuant to Clause 55.2.1 does not confer upon the Supplier any tenancy of whatsoever nature, and does not create any relationship of landlord and tenant between the Parties. The rights granted to the Supplier under Clause 55.2.1 are to be used and enjoyed by the Supplier in common with the Customer and all others having like rights. The Supplier shall have the not be entitled to exclusive occupation possession or use of such any Proposed Premises or Premises and shall not at any time or in any manner do or omit to do any act which may impede the Customer or any person authorised by the Customer in the exercise of the Customer’s rights of possession and control of any Proposed Premises as licensee and shall vacate or Premises. The Customer gives no warranty that the same immediately upon completion, termination, expiry Proposed Premises or abandonment of this Call Off Contract and in accordance with Clause 6.3.4Premises are legally or physically fit for the Supplier's intended use. The Supplier shall limit access to the Customer’s Premises to such Staff as is necessary to enable it to perform its obligations under this Call Off the Contract and the Supplier shall co-operate (and ensure that the Staff co-operate) with such other persons working concurrently on such Customer’s Premises as the Customer may reasonably requestrequire. Save in relation to such actions identified by the Supplier in accordance with Clause 10.1.1 and set out in the Order Formany Modifications, should the Supplier require modifications to the Customer’s Premises, such modifications shall be subject to Approval and shall be carried out by the Customer at the Supplier's expense. The Customer shall undertake any modification work which it approves Approves pursuant to this Clause 10.2.3 55.2.7 without undue delay. Ownership of such modifications shall rest with the Customer. The Supplier shall (and shall ensure that the Staff shall) observe and comply with such rules and regulations as may be in force at any from time to time for the use of such Customer’s the Proposed Premises or Premises and the conduct of personnel at the Customer’s Premises as determined by the Customer, and the . The Supplier shall pay for the full cost of making good any damage caused by the Supplier or the Staff in exercising the Supplier’s rights under this Clause 11 (other than fair wear and tear). For the avoidance of doubt, such damage includes without limitation damage to the fabric of the buildings, plant, machinery, fixed equipment or fittings therein. The Parties agree that there is no intention on the part of the Customer to create a tenancy of any nature whatsoever in favour of the Supplier or the Staff and that no such tenancy has or shall come into being and, notwithstanding any rights granted pursuant to this Call Off the Contract, the Customer retains the right at any time all times to use any Customer’s the Premises in any manner it sees fit. Security of Premises The Customer shall be responsible for maintaining the security of the Customer’s Premises in accordance with the Security Policy. The Supplier shall comply and shall ensure that all Staff comply with the Security Policy and any other reasonable security requirements of the Customer while on the Customer’s Premises. The Customer shall provide the Supplier upon written request with a copy of its Security Policy and any other written security requirements and shall afford the Supplier upon request for Approval ( the decision to Approve or not will not be unreasonably withheld or delayed)an opportunity to inspect its physical security arrangements. PROPERTY Where the Customer issues Property free of charge to the Supplier such Property shall be and remain the Property of the Customer and the Supplier irrevocably licences the Customer and its agents to enter upon any premises of the Supplier during normal business hours on reasonable notice to recover any such Property. The Supplier shall not in any circumstances have a lien or any other interest on the Property and at all times the Supplier shall possess the Property as fiduciary agent and bailee of the Customer. The Supplier shall take all reasonable steps to ensure that the title of the Customer to the Property and the exclusion of any such lien or other interest are brought to the notice of all Sub-Contractors and other appropriate persons and shallCUSTOMER PAYMENTS, at the Customer's request, store the Property separately and securely and ensure that it is clearly identifiable as belonging to the Customer. The Property shall be deemed to be in good condition when received by or on behalf of the Supplier unless the Supplier notifies the Customer otherwise within five (5) Working Days of receipt. The Supplier shall maintain the Property in good order and condition (excluding fair wear and tear) and shall use the Property solely in connection with this Call Off Contract and for no other purpose without Approval. The Supplier shall ensure the security of all the Property whilst in its possession, either on the Premises or elsewhere during the supply of the Services, in accordance with the Customer's Security Policy and the Customer’s reasonable security requirements from time to time. The Supplier shall be liable for all loss of, or damage to the Property, (excluding fair wear and tear), unless such loss or damage was solely caused by the Customer Cause. The Supplier shall inform the Customer immediately of becoming aware of any defects appearing in or losses or damage occurring to the Property. STANDARDS SUPPLIER PAYMENTS AND QUALITY The Supplier shall at all times during the Call Off Contract Period comply with the Standards and where applicable shall maintain accreditation with the relevant Standards' authorisation body. To the extent that the standard to which the Services must be provided has not been specified in this Call Off Contract, the Supplier shall agree the relevant standard for the provision of the Services with the Customer prior to the commencement of the supply of the Services and, in any event, the Supplier shall perform its obligations under this Call Off Contract in accordance with the Law and Good Industry Practice. The Supplier shall ensure that the Staff shall at all times during the Call Off Contract Period: faithfully and diligently perform those duties and exercise such powers as necessary in connection with the provision of the Services; obey all lawful instructions and reasonable directions of the Customer and provide the Services to the reasonable satisfaction of the Customer; and apply all due skill, care, diligence and are appropriately experienced, qualified and trained to supply the Services in accordance with this Call Off Contract. The Supplier shall ensure at all times during the Call Off Contract Period that: it performs its obligations under this Call Off Contract in a timely manner and in accordance with the date(s) and the Milestone Dates (if any) specified in the Order Form; it supplies the Services in conformity with the specification in Framework Schedule 1 (Services and Key Performance Indicators), the Order Form and in accordance with all applicable Laws; it supplies the Services in accordance with the Tender or, where the Customer has entered into this Call Off Contract following a Further Competition Procedure, in accordance with the Supplier Call Off Solution. [TESTING This Clause 13 shall apply if so specified by the Customer in the Order Form. The Parties shall carry out their obligations set out in Call Off Schedule 4 (Testing). In the case of any additional and/or alternative testing requirements of the Customer, the provisions relating to Testing shall apply as stipulated by the Customer in a Further Competition Procedure.]PAYMENT TERMS

Appears in 1 contract

Samples: Services Framework Agreement

Licence to Occupy Premises. Any Customer’s land or Premises made available from time to time to the Service Provider by the Customer in connection with the Contract shall be made available to the Supplier Service Provider on a non-exclusive licence basis free of charge and shall be used by the Supplier Service Provider solely for the purpose of performing its obligations under this Call Off the Contract. The Supplier Service Provider shall have the use of such Customer’s land or Premises as licensee and shall vacate the same immediately upon on completion, termination, expiry termination or abandonment of this Call Off the Contract and in accordance with Clause 6.3.4or as directed by the Customer. The Supplier Service Provider shall limit access to the Customer’s land or Premises to such Staff as is necessary to enable it to perform its obligations under this Call Off the Contract and the Supplier Service Provider shall co-operate (and ensure that the its Staff co-operate) with such other persons working concurrently on such Customer’s land or Premises as the Customer may reasonably request. Save in relation to such actions identified by Should the Supplier in accordance with Clause 10.1.1 and set out in the Order Form, should the Supplier Service Provider require modifications to the Customer’s Premises, such modifications shall be subject to prior Approval and shall be carried out by the Customer at the Supplier's Service Provider’s expense. The Customer shall undertake any Approved modification work which it approves pursuant to this Clause 10.2.3 without undue delay. Ownership of such modifications shall rest with the Customer. The Supplier Service Provider shall (and shall ensure that the its Staff shall) observe and comply with such rules and regulations as may be in force at any time for the use of such Customer’s Premises and conduct of personnel at the Customer’s Premises as determined by the Customer, and the Supplier Service Provider shall pay for the full cost of making good any damage caused by the Service Provider or its Staff other than fair wear and tear. For the avoidance of doubt, damage includes without limitation damage to the fabric of the buildings, plant, fixed equipment or fittings therein. The Parties agree that there is no intention on the part of the Customer to create a tenancy of any nature whatsoever in favour of the Supplier Service Provider or the its Staff and that no such tenancy has or shall come into being and, notwithstanding any rights granted pursuant to this Call Off the Contract, the Customer retains the right at any time to use any Customer’s Premises premises owned or occupied by it in any manner that it sees fit. Security of Premises The Customer shall be responsible for maintaining the security of the Customer’s Premises in accordance with the Security Policy. The Supplier shall comply and shall ensure that all Staff comply with the Security Policy and any other reasonable security requirements of the Customer while on the Customer’s Premises. The Customer shall provide the Supplier upon written request with a copy of its Security Policy and any other written security requirements and shall afford the Supplier upon request for Approval ( the decision to Approve or not will not be unreasonably withheld or delayed)an opportunity to inspect its physical security arrangements. PROPERTY Property Where the Customer issues Property free of charge to the Supplier Service Provider such Property shall be and remain the Property property of the Customer and the Supplier Service Provider irrevocably licences the Customer and its agents to enter upon any premises of the Supplier Service Provider during normal business hours on reasonable notice to recover any such Property. The Supplier Service Provider shall not in any circumstances have a lien or any other interest on in the Property and at all times the Supplier Service Provider shall possess the Property as fiduciary agent and bailee of the Customer. The Supplier Service Provider shall take all reasonable steps to ensure that the title of the Customer to the such Property and the exclusion of any such lien or other interest are brought to the notice of all Subsub-Contractors contractors and other appropriate persons and shall, at the Customer's ’s request, store the Property separately and securely and ensure that it is clearly identifiable as belonging to the Customer. The Property shall be deemed to be in good condition when received by or on behalf of the Supplier Service Provider unless the Supplier Service Provider notifies the Customer otherwise within five (5) Working Days of receipt. The Supplier Service Provider shall maintain the Property in good order and condition (excluding fair wear and tear) ), and shall use the Property solely in connection with this Call Off the Contract and for no other purpose without prior Approval. The Supplier Service Provider shall ensure the security of all the Property whilst in its possession, either on the Premises or elsewhere during the supply of the Services, in accordance with the Customer's Security Policy and the Customer’s reasonable security requirements as required from time to time. The Supplier Service Provider shall be liable for all loss of, or damage to to, the Property, Property (excluding fair wear and tear), unless such loss or damage was solely caused by the Customer CauseCustomer’s Default. The Supplier Service Provider shall inform the Customer immediately within two (2) Working Days of becoming aware of any defects appearing in or losses or damage occurring to the Property. STANDARDS AND QUALITY The Supplier shall at all times during the Call Off Contract Period comply with the Standards and where applicable shall maintain accreditation with the relevant Standards' authorisation body. To the extent that the standard to which the Services must be provided has not been specified in this Call Off Contract, the Supplier shall agree the relevant standard for the provision of the Services with the Customer prior to the commencement of the supply of the Services and, in any event, the Supplier shall perform its obligations under this Call Off Contract in accordance with the Law and Good Industry Practice. The Supplier shall ensure that the Staff shall at all times during the Call Off Contract Period: faithfully and diligently perform those duties and exercise such powers as necessary in connection with the provision of the Services; obey all lawful instructions and reasonable directions of the Customer and provide the Services to the reasonable satisfaction of the Customer; and apply all due skill, care, diligence and are appropriately experienced, qualified and trained to supply the Services in accordance with this Call Off Contract. The Supplier shall ensure at all times during the Call Off Contract Period that: it performs its obligations under this Call Off Contract in a timely manner and in accordance with the date(s) and the Milestone Dates (if any) specified in the Order Form; it supplies the Services in conformity with the specification in Framework Schedule 1 (Services and Key Performance Indicators), the Order Form and in accordance with all applicable Laws; it supplies the Services in accordance with the Tender or, where the Customer has entered into this Call Off Contract following a Further Competition Procedure, in accordance with the Supplier Call Off Solution. [TESTING This Clause 13 shall apply if so specified by the Customer in the Order Form. The Parties shall carry out their obligations set out in Call Off Schedule 4 (Testing). In the case of any additional and/or alternative testing requirements of the Customer, the provisions relating to Testing shall apply as stipulated by the Customer in a Further Competition Procedure.]

Appears in 1 contract

Samples: data.gov.uk

Licence to Occupy Premises. Any Customer’s Premises made available from time to time to the Supplier by the Customer in connection with the Contract shall be made available to the Supplier on a non-exclusive licence basis free of charge and shall be used by the Supplier solely for the purpose of performing its obligations under this Call Off the Contract. The Supplier shall have the use of such Customer’s Premises as licensee and shall vacate the same immediately upon completion, termination, expiry or abandonment of this Call Off Contract and in accordance with Clause 6.3.4the Contract. The Supplier shall limit access to the Customer’s Premises to such Staff as is necessary to enable it to perform its obligations under this Call Off the Contract and the Supplier shall co-operate (and ensure that the its Staff co-operate) with such other persons working concurrently on such Customer’s Premises as the Customer may reasonably request. Save in relation to such actions identified by the Supplier in accordance with Clause 10.1.1 clause 12.2.1 and set out in paragraph 3.8 of the Order Form, should the Supplier require modifications to the Customer’s Premises, such modifications shall be subject to Approval and shall be carried out by the Customer at the Supplier's expense. The Customer shall undertake any modification work which it approves pursuant to this Clause 10.2.3 clause 12.2.3 without undue delay. Ownership of such modifications shall rest with the Customer. The Supplier shall (and shall ensure that the its Staff shall) observe and comply with such rules and regulations as may be in force at any time for the use of such Customer’s Premises and conduct of personnel at the Customer’s Premises as determined by the Customer, and the Supplier shall pay for the full cost of making good any damage caused by the Supplier or its Staff other than fair wear and tear. For the avoidance of doubt, damage includes without limitation damage to the fabric of the buildings, plant, fixed equipment or fittings therein. The Parties agree that there is no intention on the part of the Customer to create a tenancy of any nature whatsoever in favour of the Supplier or the its Staff and that no such tenancy has or shall come into being and, notwithstanding any rights granted pursuant to this Call Off the Contract, the Customer retains the right at any time to use any Customer’s Premises premises owned or occupied by it in any manner it sees fit. Security of Premises The Customer shall be responsible for maintaining the security of the Customer’s Premises in accordance with the Security Policy. The Supplier shall comply and shall ensure that all Staff comply with the Security Policy and any other reasonable security requirements of the Customer while on the Customer’s Premises. The Customer shall provide the Supplier upon written request with a copy of its Security Policy and any other written security requirements and shall afford the Supplier upon request for Approval ( the decision to Approve or not will not be unreasonably withheld or delayed)an opportunity to inspect its physical security arrangements. PROPERTY Where the Customer issues Property free of charge to the Supplier such Property shall be and remain the Property of the Customer and the Supplier irrevocably licences the Customer and its agents to enter upon any premises of the Supplier during normal business hours on reasonable notice to recover any such Property. The Supplier shall not in any circumstances have a lien or any other interest on the Property and at all times the Supplier shall possess the Property as fiduciary agent and bailee of the Customer. The Supplier shall take all reasonable steps to ensure that the title of the Customer to the Property and the exclusion of any such lien or other interest are brought to the notice of all Sub-Contractors and other appropriate persons and shall, at the Customer's request, store the Property separately and securely and ensure that it is clearly identifiable as belonging to the Customer. The Property shall be deemed to be in good condition when received by or on behalf of the Supplier unless the Supplier notifies the Customer otherwise within five (5) Working Days of receipt. The Supplier shall maintain the Property in good order and condition (excluding fair wear and tear) and shall use the Property solely in connection with this Call Off Contract and for no other purpose without Approval. The Supplier shall ensure the security of all the Property whilst in its possession, either on the Premises or elsewhere during the supply of the Services, in accordance with the Customer's Security Policy and the Customer’s reasonable security requirements from time to time. The Supplier shall be liable for all loss of, or damage to the Property, (excluding fair wear and tear), unless such loss or damage was solely caused by the Customer Cause. The Supplier shall inform the Customer immediately of becoming aware of any defects appearing in or losses or damage occurring to the Property. STANDARDS AND QUALITY The Supplier shall at all times during the Call Off Contract Period comply with the Standards and where applicable shall maintain accreditation with the relevant Standards' authorisation body. To the extent that the standard to which the Services must be provided has not been specified in this Call Off Contract, the Supplier shall agree the relevant standard for the provision of the Services with the Customer prior to the commencement of the supply of the Services and, in any event, the Supplier shall perform its obligations under this Call Off Contract in accordance with the Law and Good Industry Practice. The Supplier shall ensure that the Staff shall at all times during the Call Off Contract Period: faithfully and diligently perform those duties and exercise such powers as necessary in connection with the provision of the Services; obey all lawful instructions and reasonable directions of the Customer and provide the Services to the reasonable satisfaction of the Customer; and apply all due skill, care, diligence and are appropriately experienced, qualified and trained to supply the Services in accordance with this Call Off Contract. The Supplier shall ensure at all times during the Call Off Contract Period that: it performs its obligations under this Call Off Contract in a timely manner and in accordance with the date(s) and the Milestone Dates (if any) specified in the Order Form; it supplies the Services in conformity with the specification in Framework Schedule 1 (Services and Key Performance Indicators), the Order Form and in accordance with all applicable Laws; it supplies the Services in accordance with the Tender or, where the Customer has entered into this Call Off Contract following a Further Competition Procedure, in accordance with the Supplier Call Off Solution. [TESTING This Clause 13 shall apply if so specified by the Customer in the Order Form. The Parties shall carry out their obligations set out in Call Off Schedule 4 (Testing). In the case of any additional and/or alternative testing requirements of the Customer, the provisions relating to Testing shall apply as stipulated by the Customer in a Further Competition Procedure.]

Appears in 1 contract

Samples: data.gov.uk

Licence to Occupy Premises. Any Customer’s land or Premises made available from time to time to the Supplier by the Customer in connection with the Contract shall be made available to the Supplier on a non-exclusive licence basis free of charge and shall be used by the Supplier solely for the purpose of performing its obligations under this Call Off the Contract. The Supplier shall have the use of such Customer’s land or Premises as licensee and shall vacate the same immediately upon completion, termination, expiry or abandonment of this Call Off Contract and in accordance with Clause 6.3.4the Contract. The Supplier shall limit access to the Customer’s land or Premises to such Staff as is necessary to enable it to perform its obligations under this Call Off the Contract and the Supplier shall co-operate (and ensure that the its Staff co-operate) with such other persons working concurrently on such Customer’s land or Premises as the Customer may reasonably request. Save in relation to such actions identified by the Supplier in accordance with Clause 10.1.1 and set out in the Order Form, should Should the Supplier require modifications to the Customer’s Premises, such modifications shall be subject to Approval and shall be carried out by the Customer at the Supplier's expense. The Customer shall undertake any modification work which it approves pursuant to this Clause 10.2.3 clause 12.2.3 without undue delay. Ownership of such modifications shall rest with the Customer. The Supplier shall (and shall ensure that the its Staff shall) observe and comply with such rules and regulations as may be in force at any time for the use of such Customer’s Premises and conduct of personnel at the Customer’s Premises as determined by the Customer, and the Supplier shall pay for the full cost of making good any damage caused by the Supplier or its Staff other than fair wear and tear. For the avoidance of doubt, damage includes without limitation damage to the fabric of the buildings, plant, fixed equipment or fittings therein. The Parties agree that there is no intention on the part of the Customer to create a tenancy of any nature whatsoever in favour of the Supplier or the its Staff and that no such tenancy has or shall come into being and, notwithstanding any rights granted pursuant to this Call Off the Contract, the Customer retains the right at any time to use any Customer’s Premises premises owned or occupied by it in any manner it sees fit. Security of Premises The Customer shall be responsible for maintaining the security of the Customer’s Premises in accordance with the Security Policy. The Supplier shall comply and shall ensure that all Staff comply with the Security Policy and any other reasonable security requirements of the Customer while on the Customer’s Premises. The Customer shall provide the Supplier upon written request with a copy of its Security Policy and any other written security requirements and shall afford the Supplier upon request for Approval ( the decision to Approve or not will not be unreasonably withheld or delayed)an opportunity to inspect its physical security arrangements. PROPERTY Where the Customer issues Property free of charge to the Supplier such Property shall be and remain the Property of the Customer and the Supplier irrevocably licences the Customer and its agents to enter upon any premises of the Supplier during normal business hours on reasonable notice to recover any such Property. The Supplier shall not in any circumstances have a lien or any other interest on the Property and at all times the Supplier shall possess the Property as fiduciary agent and bailee of the Customer. The Supplier shall take all reasonable steps to ensure that the title of the Customer to the Property and the exclusion of any such lien or other interest are brought to the notice of all Sub-Contractors and other appropriate persons and shall, at the Customer's request, store the Property separately and securely and ensure that it is clearly identifiable as belonging to the Customer. The Property shall be deemed to be in good condition when received by or on behalf of the Supplier unless the Supplier notifies the Customer otherwise within five (5) Working Days of receipt. The Supplier shall maintain the Property in good order and condition (excluding fair wear and tear) and shall use the Property solely in connection with this Call Off Contract and for no other purpose without Approval. The Supplier shall ensure the security of all the Property whilst in its possession, either on the Premises or elsewhere during the supply of the Services, in accordance with the Customer's Security Policy and the Customer’s reasonable security requirements from time to time. The Supplier shall be liable for all loss of, or damage to the Property, (excluding fair wear and tear), unless such loss or damage was solely caused by the Customer Cause. The Supplier shall inform the Customer immediately of becoming aware of any defects appearing in or losses or damage occurring to the Property. STANDARDS AND QUALITY The Supplier shall at all times during the Call Off Contract Period comply with the Standards and where applicable shall maintain accreditation with the relevant Standards' authorisation body. To the extent that the standard to which the Services must be provided has not been specified in this Call Off Contract, the Supplier shall agree the relevant standard for the provision of the Services with the Customer prior to the commencement of the supply of the Services and, in any event, the Supplier shall perform its obligations under this Call Off Contract in accordance with the Law and Good Industry Practice. The Supplier shall ensure that the Staff shall at all times during the Call Off Contract Period: faithfully and diligently perform those duties and exercise such powers as necessary in connection with the provision of the Services; obey all lawful instructions and reasonable directions of the Customer and provide the Services to the reasonable satisfaction of the Customer; and apply all due skill, care, diligence and are appropriately experienced, qualified and trained to supply the Services in accordance with this Call Off Contract. The Supplier shall ensure at all times during the Call Off Contract Period that: it performs its obligations under this Call Off Contract in a timely manner and in accordance with the date(s) and the Milestone Dates (if any) specified in the Order Form; it supplies the Services in conformity with the specification in Framework Schedule 1 (Services and Key Performance Indicators), the Order Form and in accordance with all applicable Laws; it supplies the Services in accordance with the Tender or, where the Customer has entered into this Call Off Contract following a Further Competition Procedure, in accordance with the Supplier Call Off Solution. [TESTING This Clause 13 shall apply if so specified by the Customer in the Order Form. The Parties shall carry out their obligations set out in Call Off Schedule 4 (Testing). In the case of any additional and/or alternative testing requirements of the Customer, the provisions relating to Testing shall apply as stipulated by the Customer in a Further Competition Procedure.]

Appears in 1 contract

Samples: ''

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Licence to Occupy Premises. Any Customer’s land or Premises made available from time to time to the Service Provider by the Customer in connection with the Contract shall be made available to the Supplier Service Provider on a non-exclusive licence basis free of charge and shall be used by the Supplier Service Provider solely for the purpose of performing its obligations under this Call Off the Contract. The Supplier Service Provider shall have the use of such Customer’s land or Premises as licensee and shall vacate the same immediately upon on completion, termination, expiry termination or abandonment of this Call Off the Contract and in accordance with Clause 6.3.4or as directed by the Customer. The Supplier Service Provider shall limit access to the Customer’s land or Premises to such Staff as is necessary to enable it to perform its obligations under this Call Off the Contract and the Supplier Service Provider shall co-operate (and ensure that the its Staff co-operate) with such other persons working concurrently on such Customer’s land or Premises as the Customer may reasonably request. Save in relation to such actions identified by Should the Supplier in accordance with Clause 10.1.1 and set out in the Order Form, should the Supplier Service Provider require modifications to the Customer’s Premises, such modifications shall be subject to prior Approval and shall be carried out by the Customer at the Supplier's Service Provider’s expense. The Customer shall undertake any Approved modification work which it approves pursuant to this Clause 10.2.3 without undue delay. Ownership of such modifications shall rest with the Customer. The Supplier Service Provider shall (and shall ensure that the its Staff shall) observe and comply with such rules and regulations as may be in force at any time for the use of such Customer’s Premises and conduct of personnel at the Customer’s Premises as determined by the Customer, and the Supplier Service Provider shall pay for the full cost of making good any damage caused by the Service Provider or its Staff other than fair wear and tear. For the avoidance of doubt, damage includes without limitation damage to the fabric of the buildings, plant, fixed equipment or fittings therein. The Parties agree that there is no intention on the part of the Customer to create a tenancy of any nature whatsoever in favour of the Supplier Service Provider or the its Staff and that no such tenancy has or shall come into being and, notwithstanding any rights granted pursuant to this Call Off the Contract, the Customer retains the right at any time to use any Customer’s Premises premises owned or occupied by it in any manner that it sees fit. Security of Premises The Customer shall be responsible for maintaining the security of the Customer’s Premises in accordance with the Security Policy. The Supplier shall comply and shall ensure that all Staff comply with the Security Policy and any other reasonable security requirements of the Customer while on the Customer’s Premises. The Customer shall provide the Supplier upon written request with a copy of its Security Policy and any other written security requirements and shall afford the Supplier upon request for Approval ( the decision to Approve or not will not be unreasonably withheld or delayed)an opportunity to inspect its physical security arrangements. PROPERTY Where the Customer issues Property free of charge to the Supplier such Property shall be and remain the Property of the Customer and the Supplier irrevocably licences the Customer and its agents to enter upon any premises of the Supplier during normal business hours on reasonable notice to recover any such Property. The Supplier shall not in any circumstances have a lien or any other interest on the Property and at all times the Supplier shall possess the Property as fiduciary agent and bailee of the Customer. The Supplier shall take all reasonable steps to ensure that the title of the Customer to the Property and the exclusion of any such lien or other interest are brought to the notice of all Sub-Contractors and other appropriate persons and shall, at the Customer's request, store the Property separately and securely and ensure that it is clearly identifiable as belonging to the Customer. The Property shall be deemed to be in good condition when received by or on behalf of the Supplier unless the Supplier notifies the Customer otherwise within five (5) Working Days of receipt. The Supplier shall maintain the Property in good order and condition (excluding fair wear and tear) and shall use the Property solely in connection with this Call Off Contract and for no other purpose without Approval. The Supplier shall ensure the security of all the Property whilst in its possession, either on the Premises or elsewhere during the supply of the Services, in accordance with the Customer's Security Policy and the Customer’s reasonable security requirements from time to time. The Supplier shall be liable for all loss of, or damage to the Property, (excluding fair wear and tear), unless such loss or damage was solely caused by the Customer Cause. The Supplier shall inform the Customer immediately of becoming aware of any defects appearing in or losses or damage occurring to the Property. STANDARDS AND QUALITY The Supplier shall at all times during the Call Off Contract Period comply with the Standards and where applicable shall maintain accreditation with the relevant Standards' authorisation body. To the extent that the standard to which the Services must be provided has not been specified in this Call Off Contract, the Supplier shall agree the relevant standard for the provision of the Services with the Customer prior to the commencement of the supply of the Services and, in any event, the Supplier shall perform its obligations under this Call Off Contract in accordance with the Law and Good Industry Practice. The Supplier shall ensure that the Staff shall at all times during the Call Off Contract Period: faithfully and diligently perform those duties and exercise such powers as necessary in connection with the provision of the Services; obey all lawful instructions and reasonable directions of the Customer and provide the Services to the reasonable satisfaction of the Customer; and apply all due skill, care, diligence and are appropriately experienced, qualified and trained to supply the Services in accordance with this Call Off Contract. The Supplier shall ensure at all times during the Call Off Contract Period that: it performs its obligations under this Call Off Contract in a timely manner and in accordance with the date(s) and the Milestone Dates (if any) specified in the Order Form; it supplies the Services in conformity with the specification in Framework Schedule 1 (Services and Key Performance Indicators), the Order Form and in accordance with all applicable Laws; it supplies the Services in accordance with the Tender or, where the Customer has entered into this Call Off Contract following a Further Competition Procedure, in accordance with the Supplier Call Off Solution. [TESTING This Clause 13 shall apply if so specified by the Customer in the Order Form. The Parties shall carry out their obligations set out in Call Off Schedule 4 (Testing). In the case of any additional and/or alternative testing requirements of the Customer, the provisions relating to Testing shall apply as stipulated by the Customer in a Further Competition Procedure.]

Appears in 1 contract

Samples: Framework Agreement

Licence to Occupy Premises. Any Customer’s Premises made available from time to time to the Supplier by the Customer in connection with the Contract shall be made available to the Supplier on a non-exclusive licence basis free of charge and shall be used by the Supplier solely for the purpose of performing its obligations under this Call Off the Contract. The Supplier shall have the use of such Customer’s Premises as licensee and shall vacate the same immediately upon completion, termination, expiry or abandonment of this Call Off Contract and in accordance with Clause 6.3.4the Contract. The Supplier shall limit access to the Customer’s Premises to such Staff as is necessary to enable it to perform its obligations under this Call Off the Contract and the Supplier shall co-operate (and ensure that the its Staff co-operate) with such other persons working concurrently on such Customer’s Premises as the Customer may reasonably request. Save in relation to such actions identified by the Supplier in accordance with Clause 10.1.1 and set out in the Order Form12.1.1 above, should the Supplier require modifications to the Customer’s Premises, such modifications shall be subject to Approval and shall be carried out by the Customer at the Supplier's expense. The Customer shall undertake any modification work which it approves pursuant to this Clause 10.2.3 12.2.3 without undue delay. Ownership of such modifications shall rest with the Customer. The Supplier shall (and shall ensure that the its Staff shall) observe and comply with such rules and regulations as may be in force at any time for the use of such Customer’s Premises and conduct of personnel at the Customer’s Premises as determined by the Customer, and the Supplier shall pay for the full cost of making good any damage caused by the Supplier or its Staff other than fair wear and tear. For the avoidance of doubt, damage includes without limitation damage to the fabric of the buildings, plant, fixed equipment or fittings therein. The Parties agree that there is no intention on the part of the Customer to create a tenancy of any nature whatsoever in favour of the Supplier or the its Staff and that no such tenancy has or shall come into being and, notwithstanding any rights granted pursuant to this Call Off the Contract, the Customer retains the right at any time to use any Customer’s Premises premises owned or occupied by it in any manner it sees fit. Security of Premises The Customer shall be responsible for maintaining the security of the Customer’s Premises in accordance with the Security Policy. The Supplier shall comply and shall ensure that all Staff comply with the Security Policy and any other reasonable security requirements of the Customer while on the Customer’s Premises. The Customer shall provide the Supplier upon written request with a copy of its Security Policy and any other written security requirements and shall afford the Supplier upon request for Approval ( the decision to Approve or not will not be unreasonably withheld or delayed)an opportunity to inspect its physical security arrangements. PROPERTY Where the Customer issues Property free of charge to the Supplier such Property shall be and remain the Property of the Customer and the Supplier irrevocably licences the Customer and its agents to enter upon any premises of the Supplier during normal business hours on reasonable notice to recover any such Property. The Supplier shall not in any circumstances have a lien or any other interest on the Property and at all times the Supplier shall possess the Property as fiduciary agent and bailee of the Customer. The Supplier shall take all reasonable steps to ensure that the title of the Customer to the Property and the exclusion of any such lien or other interest are brought to the notice of all Sub-Contractors and other appropriate persons and shall, at the Customer's request, store the Property separately and securely and ensure that it is clearly identifiable as belonging to the Customer. The Property shall be deemed to be in good condition when received by or on behalf of the Supplier unless the Supplier notifies the Customer otherwise within five (5) Working Days of receipt. The Supplier shall maintain the Property in good order and condition (excluding fair wear and tear) and shall use the Property solely in connection with this Call Off Contract and for no other purpose without Approval. The Supplier shall ensure the security of all the Property whilst in its possession, either on the Premises or elsewhere during the supply of the Services, in accordance with the Customer's Security Policy and the Customer’s reasonable security requirements from time to time. The Supplier shall be liable for all loss of, or damage to the Property, (excluding fair wear and tear), unless such loss or damage was solely caused by the Customer Cause. The Supplier shall inform the Customer immediately of becoming aware of any defects appearing in or losses or damage occurring to the Property. STANDARDS AND QUALITY The Supplier shall at all times during the Call Off Contract Period comply with the Standards and where applicable shall maintain accreditation with the relevant Standards' authorisation body. To the extent that the standard to which the Services must be provided has not been specified in this Call Off Contract, the Supplier shall agree the relevant standard for the provision of the Services with the Customer prior to the commencement of the supply of the Services and, in any event, the Supplier shall perform its obligations under this Call Off Contract in accordance with the Law and Good Industry Practice. The Supplier shall ensure that the Staff shall at all times during the Call Off Contract Period: faithfully and diligently perform those duties and exercise such powers as necessary in connection with the provision of the Services; obey all lawful instructions and reasonable directions of the Customer and provide the Services to the reasonable satisfaction of the Customer; and apply all due skill, care, diligence and are appropriately experienced, qualified and trained to supply the Services in accordance with this Call Off Contract. The Supplier shall ensure at all times during the Call Off Contract Period that: it performs its obligations under this Call Off Contract in a timely manner and in accordance with the date(s) and the Milestone Dates (if any) specified in the Order Form; it supplies the Services in conformity with the specification in Framework Schedule 1 (Services and Key Performance Indicators), the Order Form and in accordance with all applicable Laws; it supplies the Services in accordance with the Tender or, where the Customer has entered into this Call Off Contract following a Further Competition Procedure, in accordance with the Supplier Call Off Solution. [TESTING This Clause 13 shall apply if so specified by the Customer in the Order Form. The Parties shall carry out their obligations set out in Call Off Schedule 4 (Testing). In the case of any additional and/or alternative testing requirements of the Customer, the provisions relating to Testing shall apply as stipulated by the Customer in a Further Competition Procedure.]

Appears in 1 contract

Samples: Framework Agreement

Licence to Occupy Premises. Any Customer’s Premises made available from time to time to the Supplier by the Customer in connection with the Contract shall be made available to the Supplier on a non-exclusive licence basis free of charge and shall be used by the Supplier solely for the purpose of performing its obligations under this Call Off the Contract. The Supplier shall have the use of such Customer’s Premises as licensee and shall vacate the same immediately upon completion, termination, expiry or abandonment of this Call Off Contract and in accordance with Clause 6.3.4the Contract. The Supplier shall limit access to the Customer’s Premises to such Staff as is necessary to enable it to perform its obligations under this Call Off the Contract and the Supplier shall co-operate (and ensure that the its Staff co-operate) with such other persons working concurrently on such Customer’s Premises as the Customer may reasonably request. Save in relation to such actions identified by the Supplier in accordance with Clause 10.1.1 clause 12.2.1 and set out in the Order Form, should the Supplier require modifications to the Customer’s Premises, such modifications shall be subject to Approval and shall be carried out by the Customer at the Supplier's expense. The Customer shall undertake any modification work which it approves pursuant to this Clause 10.2.3 clause without undue delay. Ownership of such modifications shall rest with the Customer. The Supplier shall (and shall ensure that the its Staff shall) observe and comply with such rules and regulations as may be in force at any time for the use of such Customer’s Premises and conduct of personnel at the Customer’s Premises as determined by the Customer, and the Supplier shall pay for the full cost of making good any damage caused by the Supplier or its Staff other than fair wear and tear. For the avoidance of doubt, damage includes without limitation damage to the fabric of the buildings, plant, fixed equipment or fittings therein. The Parties agree that there is no intention on the part of the Customer to create a tenancy of any nature whatsoever in favour of the Supplier or the its Staff and that no such tenancy has or shall come into being and, notwithstanding any rights granted pursuant to this Call Off the Contract, the Customer retains the right at any time to use any Customer’s Premises premises owned or occupied by it in any manner it sees fit. Security of Premises The Customer shall be responsible for maintaining the security of the Customer’s Premises in accordance with the Security Policy. The Supplier shall comply and shall ensure that all Staff comply with the Security Policy and any other reasonable security requirements of the Customer while on the Customer’s Premises. The Customer shall provide the Supplier upon written request with a copy of its Security Policy and any other written security requirements and shall afford the Supplier upon request for Approval ( the decision to Approve or not will not be unreasonably withheld or delayed)an opportunity to inspect its physical security arrangements. PROPERTY Where the Customer issues Property free of charge to the Supplier such Property shall be and remain the Property of the Customer and the Supplier irrevocably licences the Customer and its agents to enter upon any premises of the Supplier during normal business hours on reasonable notice to recover any such Property. The Supplier shall not in any circumstances have a lien or any other interest on the Property and at all times the Supplier shall possess the Property as fiduciary agent and bailee of the Customer. The Supplier shall take all reasonable steps to ensure that the title of the Customer to the Property and the exclusion of any such lien or other interest are brought to the notice of all Sub-Contractors and other appropriate persons and shall, at the Customer's request, store the Property separately and securely and ensure that it is clearly identifiable as belonging to the Customer. The Property shall be deemed to be in good condition when received by or on behalf of the Supplier unless the Supplier notifies the Customer otherwise within five (5) Working Days of receipt. The Supplier shall maintain the Property in good order and condition (excluding fair wear and tear) and shall use the Property solely in connection with this Call Off Contract and for no other purpose without Approval. The Supplier shall ensure the security of all the Property whilst in its possession, either on the Premises or elsewhere during the supply of the Services, in accordance with the Customer's Security Policy and the Customer’s reasonable security requirements from time to time. The Supplier shall be liable for all loss of, or damage to the Property, (excluding fair wear and tear), unless such loss or damage was solely caused by the Customer Cause. The Supplier shall inform the Customer immediately of becoming aware of any defects appearing in or losses or damage occurring to the Property. STANDARDS AND QUALITY The Supplier shall at all times during the Call Off Contract Period comply with the Standards and where applicable shall maintain accreditation with the relevant Standards' authorisation body. To the extent that the standard to which the Services must be provided has not been specified in this Call Off Contract, the Supplier shall agree the relevant standard for the provision of the Services with the Customer prior to the commencement of the supply of the Services and, in any event, the Supplier shall perform its obligations under this Call Off Contract in accordance with the Law and Good Industry Practice. The Supplier shall ensure that the Staff shall at all times during the Call Off Contract Period: faithfully and diligently perform those duties and exercise such powers as necessary in connection with the provision of the Services; obey all lawful instructions and reasonable directions of the Customer and provide the Services to the reasonable satisfaction of the Customer; and apply all due skill, care, diligence and are appropriately experienced, qualified and trained to supply the Services in accordance with this Call Off Contract. The Supplier shall ensure at all times during the Call Off Contract Period that: it performs its obligations under this Call Off Contract in a timely manner and in accordance with the date(s) and the Milestone Dates (if any) specified in the Order Form; it supplies the Services in conformity with the specification in Framework Schedule 1 (Services and Key Performance Indicators), the Order Form and in accordance with all applicable Laws; it supplies the Services in accordance with the Tender or, where the Customer has entered into this Call Off Contract following a Further Competition Procedure, in accordance with the Supplier Call Off Solution. [TESTING This Clause 13 shall apply if so specified by the Customer in the Order Form. The Parties shall carry out their obligations set out in Call Off Schedule 4 (Testing). In the case of any additional and/or alternative testing requirements of the Customer, the provisions relating to Testing shall apply as stipulated by the Customer in a Further Competition Procedure.]

Appears in 1 contract

Samples: data.gov.uk

Licence to Occupy Premises. Any Customer’s land or Premises made available from time to time to the Provider by the Customer in connection with the Contract shall be made available to the Supplier Provider on a non-exclusive licence basis free of charge and shall be used by the Supplier Provider solely for the purpose of performing its obligations under this Call Off the Contract. The Supplier Provider shall have the use of such Customer’s land or Premises as licensee and shall vacate the same immediately upon on completion, termination, expiry termination or abandonment of this Call Off the Contract and in accordance with Clause 6.3.4or as directed by the Customer. The Supplier Provider shall limit access to the Customer’s land or Premises to such Staff as is necessary to enable it to perform its obligations under this Call Off the Contract and the Supplier Provider shall co-operate (and ensure that the its Staff co-operate) with such other persons working concurrently on such Customer’s land or Premises as the Customer may reasonably request. Save in relation to such actions identified by Should the Supplier in accordance with Clause 10.1.1 and set out in the Order Form, should the Supplier Provider require modifications to the Customer’s Premises, such modifications shall be subject to prior Approval and shall be carried out by the Customer at the Supplier's Provider’s expense. The Customer shall undertake any Approved modification work which it approves pursuant to this Clause 10.2.3 without undue delay. Ownership of such modifications shall rest with the Customer. The Supplier Provider shall (and shall ensure that the its Staff shall) observe and comply with such rules and regulations as may be in force at any time for the use of such Customer’s Premises and conduct of personnel at the Customer’s Premises as determined by the Customer, and the Supplier Provider shall pay for the full cost of making good any damage caused by the Provider or its Staff other than fair wear and tear. For the avoidance of doubt, damage includes without limitation damage to the fabric of the buildings, plant, fixed equipment or fittings therein. The Parties agree that there is no intention on the part of the Customer to create a tenancy of any nature whatsoever in favour of the Supplier Provider or the its Staff and that no such tenancy has or shall come into being and, notwithstanding any rights granted pursuant to this Call Off the Contract, the Customer retains the right at any time to use any Customer’s Premises premises owned or occupied by it in any manner that it sees fit. Security of Premises The Customer shall be responsible for maintaining the security of the Customer’s Premises in accordance with the Security Policy. The Supplier shall comply and shall ensure that all Staff comply with the Security Policy and any other reasonable security requirements of the Customer while on the Customer’s Premises. The Customer shall provide the Supplier upon written request with a copy of its Security Policy and any other written security requirements and shall afford the Supplier upon request for Approval ( the decision to Approve or not will not be unreasonably withheld or delayed)an opportunity to inspect its physical security arrangements. PROPERTY Property Where the Customer issues Property free of charge to the Supplier Provider such Property shall be and remain the Property property of the Customer and the Supplier Provider irrevocably licences the Customer and its agents to enter upon any premises of the Supplier Provider during normal business hours on reasonable notice to recover any such Property. The Supplier Provider shall not in any circumstances have a lien or any other interest on in the Property and at all times the Supplier Provider shall possess the Property as fiduciary agent and bailee of the Customer. The Supplier Provider shall take all reasonable steps to ensure that the title of the Customer to the such Property and the exclusion of any such lien or other interest are brought to the notice of all Subsub-Contractors contractors and other appropriate persons and shall, at the Customer's ’s request, store the Property separately and securely and ensure that it is clearly identifiable as belonging to the Customer. The Property shall be deemed to be in good condition when received by or on behalf of the Supplier Provider unless the Supplier Provider notifies the Customer otherwise within five (5) Working Days of receipt. The Supplier Provider shall maintain the Property in good order and condition (excluding fair wear and tear) ), and shall use the Property solely in connection with this Call Off the Contract and for no other purpose without prior Approval. The Supplier Provider shall ensure the security of all the Property whilst in its possession, either on the Premises or elsewhere during the supply of the Services, in accordance with the Customer's Security Policy and the Customer’s reasonable security requirements as required from time to time. The Supplier Provider shall be liable for all loss of, or damage to to, the Property, Property (excluding fair wear and tear), unless such loss or damage was solely caused by the Customer CauseCustomer’s Default. The Supplier Provider shall inform the Customer immediately within two (2) Working Days of becoming aware of any defects appearing in or losses or damage occurring to the Property. STANDARDS AND QUALITY The Supplier shall at all times during the Call Off Contract Period comply with the Standards and where applicable shall maintain accreditation with the relevant Standards' authorisation body. To the extent that the standard to which the Services must be provided has not been specified in this Call Off Contract, the Supplier shall agree the relevant standard for the provision of the Services with the Customer prior to the commencement of the supply of the Services and, in any event, the Supplier shall perform its obligations under this Call Off Contract in accordance with the Law and Good Industry Practice. The Supplier shall ensure that the Staff shall at all times during the Call Off Contract Period: faithfully and diligently perform those duties and exercise such powers as necessary in connection with the provision of the Services; obey all lawful instructions and reasonable directions of the Customer and provide the Services to the reasonable satisfaction of the Customer; and apply all due skill, care, diligence and are appropriately experienced, qualified and trained to supply the Services in accordance with this Call Off Contract. The Supplier shall ensure at all times during the Call Off Contract Period that: it performs its obligations under this Call Off Contract in a timely manner and in accordance with the date(s) and the Milestone Dates (if any) specified in the Order Form; it supplies the Services in conformity with the specification in Framework Schedule 1 (Services and Key Performance Indicators), the Order Form and in accordance with all applicable Laws; it supplies the Services in accordance with the Tender or, where the Customer has entered into this Call Off Contract following a Further Competition Procedure, in accordance with the Supplier Call Off Solution. [TESTING This Clause 13 shall apply if so specified by the Customer in the Order Form. The Parties shall carry out their obligations set out in Call Off Schedule 4 (Testing). In the case of any additional and/or alternative testing requirements of the Customer, the provisions relating to Testing shall apply as stipulated by the Customer in a Further Competition Procedure.]

Appears in 1 contract

Samples: Framework Agreement

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