Common use of of the General Terms Clause in Contracts

of the General Terms. Without prejudice to its rights under clause 7 (Recovery of Sums Due) of the General Terms, the Authority may charge the Contractor for any costs reasonably incurred and any reasonable administration costs in respect of the supply of any part of the Services by the Authority or a third party to the extent that such costs exceed the payment which would otherwise have been payable to the Contractor for such part of the Services and provided that the Authority uses its reasonable endeavours to mitigate any additional expenditure in obtaining replacement Services. Monitoring and Management Information The Contractor shall comply with the monitoring arrangements set out in the Monitoring Schedule including, but not limited to, providing such data and information as the Contractor may be required to produce under the Contract. Where requested by the Authority, the Contractor shall supply the Management Information to the Authority and to OGC in the form set out in the Monitoring Schedule during the Contract Period. The Contractor agrees that the Authority may provide OGC with information relating to the Services and Goods procured and any payments made under the Contract. Upon receipt of the Management Information supplied by the Contractor in response to a request under C10.2 or receipt of information provided by the Authority to OGC under C10.3, the Authority and the Contractor shall consent to OGC: ‫storing and analysing the Management Information and producing statistics; and sharing the Management Information or any statistics produced using the Management Information, with any other Contracting Authority. ‫In the event that OGC shares the Management Information or information provided under clause C10.3 in accordance with C10.4(2), any Contracting Authority receiving the Management Information shall be informed of the confidential nature of that information and shall be requested not to disclose it to any body who is not a Contracting Authority (unless required by law). The Authority may make changes to the Management Information which the Contractor is required to supply and shall give the Contractor at least one (1) Month’s written notice of any changes. Professional Indemnity The Contractor shall effect and maintain appropriate professional indemnity insurance cover of an amount not less than £5,000,000 per incident or such higher amount as the Authority may reasonably require during the Contract Period and shall ensure that all Contractor’s Personnel involved in the supply of the Services do the same. Such insurance shall be maintained for a minimum of six (6) years following the expiration or earlier termination of the Contract, unless the Contract has been entered into by way of a deed in which event the period shall be twelve (12) years.

of the General Terms. Without prejudice to its rights under clause 7 (Recovery of Sums Due) of the General Terms, the Authority may charge the Contractor for any costs reasonably incurred and any reasonable administration costs in respect of the supply of any part of the Services by the Authority or a third party to the extent that such costs exceed the payment which would otherwise have been payable to the Contractor for such part of the Services and provided that the Authority uses its reasonable endeavours to mitigate any additional expenditure in obtaining replacement Services. Monitoring and Management Information The Contractor shall comply with the monitoring arrangements set out in the Monitoring Schedule including, but not limited to, providing such data and information as the Contractor may be required to produce under the Contract. Where requested by the Authority, the Contractor shall supply the Management Information to the Authority and to OGC the Cabinet Office in the form set out in the Monitoring Schedule during the Contract Period. The Contractor agrees that the Authority may provide OGC the Cabinet Office with information relating to the Services and Goods procured and any payments made under the Contract. Upon receipt of the Management Information supplied by the Contractor in response to a request under C10.2 or receipt of information provided by the Authority to OGC the Cabinet Office under C10.3, the Authority and the Contractor shall consent to OGCthe Cabinet Office: ‫storing and analysing the Management Information and producing statistics; and sharing the Management Information or any statistics produced using the Management Information, with any other Contracting Authority. ‫In the event that OGC the Cabinet Office shares the Management Information or information provided under clause C10.3 in accordance with C10.4(2), any Contracting Authority receiving the Management Information shall be informed of the confidential nature of that information and shall be requested not to disclose it to any body who is not a Contracting Authority (unless required by law). The Authority may make changes to the Management Information which the Contractor is required to supply and shall give the Contractor at least one (1) Month’s written notice of any changes. Professional Indemnity [Professional Indemnity – usually only required for specialist advisers especially those who must be members of professional organisations. See Compliance. If not required leave title as this clause Not Used.] The Goods If requested by the Authority, the Contractor shall either provide the Authority with samples of Goods or performance demonstrations of Goods for evaluation and approval at the Contractor’s cost and expense. The Contractor shall effect and maintain appropriate professional indemnity insurance cover of an amount not less than £5,000,000 per incident or such higher amount as ensure that the Goods are fully compatible with any Equipment, to the extent specified in the Specification. The Contractor acknowledges that the Authority may reasonably require during relies on the Contract Period skill and shall ensure that all Contractor’s Personnel involved judgment of the Contractor in the supply of the Services do Goods and the sameperformance of its obligations under the Contract. Such insurance The Contractor shall be maintained for a minimum of six (6) years following supply and, where relevant, install the expiration or earlier termination Goods in accordance with the Specification and the Tender and with all applicable provisions of the Contract. Delivery Subject to Schedule D, the Contractor shall deliver the Goods at the time(s) and date(s) specified in the Specification, to the Premises or location agreed. Unless otherwise specified, deliveries shall only be accepted during normal business hours. Unless otherwise stated in the Specification, where the Goods are delivered by the Contractor, the point of delivery shall be when the Goods have been removed from the transporting vehicle at the Premises and accepted by the Authority. Where the Goods are collected by the Authority, the point of delivery shall be when the Goods are loaded on the Authority’s vehicle. Time of delivery shall be of the essence and if the Contractor fails to deliver the Goods within the time promised or specified in the Specification, the Authority may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case without prejudice to any other rights and remedies of the Authority. The Authority shall be under no obligation to accept or pay for any Goods delivered in excess of the quantity ordered. If the Authority elects not to accept such over-delivered Goods it shall give notice in writing to the Contractor to remove them within five (5) Working Days and to refund to the Authority any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Authority may dispose of such Goods and charge the Contractor for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Contractor unless they are accepted by the Authority. The Authority shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Specification. Unless expressly agreed to the contrary, the Authority shall not be obliged to accept delivery by instalments. If, however, the Authority does specify or agree to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Authority, entitle the Authority to terminate the whole of any unfulfilled part of the Contract has been entered into by way of a deed without further liability to the Authority. Unless otherwise stated in which event the period Specification, there shall be twelve no charge for delivery of the Goods to the Premises or for packaging used by the Contractor. Returnable packaging will only be returned at the Contractor’s risk and expense. Risk and Ownership Subject to clause C13 above, risk in the Goods shall, without prejudice to any other rights or remedies of the Authority (12including the Authority’s rights and remedies under clause C16 below) yearspass to the Authority when delivery is completed to the Authority’s reasonable satisfaction. Ownership of the Goods shall, without prejudice to any other rights or remedies of the Authority (including the Authority’s rights and remedies under clause C16 below), pass to the Authority at the time of delivery (or payment, if earlier).

of the General Terms. Without prejudice to its rights under clause 7 (Recovery of Sums Due) of the General Terms, the Authority may charge the Contractor for any costs reasonably incurred and any reasonable administration costs in respect of the supply of any part of the Services by the Authority or a third party to the extent that such costs exceed the payment which would otherwise have been payable to the Contractor for such part of the Services and provided that the Authority uses its reasonable endeavours to mitigate any additional expenditure in obtaining replacement Services. Monitoring and Management Information The Contractor shall comply with the monitoring arrangements set out in the Monitoring Schedule including, but not limited to, providing such data and information as the Contractor may be required to produce under the Contract. Where requested by the Authority, the Contractor shall supply the Management Information to the Authority and to OGC the Cabinet Office in the form set out in the Monitoring Schedule during the Contract Period. The Contractor agrees that the Authority may provide OGC the Cabinet Office with information relating to the Services and Goods procured and any payments made under the Contract. Upon receipt of the Management Information supplied by the Contractor in response to a request under C10.2 or receipt of information provided by the Authority to OGC the Cabinet Office under C10.3, the Authority and the Contractor shall consent to OGCthe Cabinet Office: ‫storing and analysing the Management Information and producing statistics; and sharing the Management Information or any statistics produced using the Management Information, with any other Contracting Authority. ‫In the event that OGC the Cabinet Office shares the Management Information or information provided under clause C10.3 in accordance with C10.4(2), any Contracting Authority receiving the Management Information shall be informed of the confidential nature of that information and shall be requested not to disclose it to any body who is not a Contracting Authority (unless required by law). The Authority may make changes to the Management Information which the Contractor is required to supply and shall give the Contractor at least one (1) Month’s written notice of any changes. Professional Indemnity The Goods If requested by the Authority, the Contractor shall either provide the Authority with samples of Goods or performance demonstrations of Goods for evaluation and approval at the Contractor’s cost and expense. The Contractor shall effect and maintain appropriate professional indemnity insurance cover of an amount not less than £5,000,000 per incident or such higher amount as ensure that the Goods are fully compatible with any Equipment, to the extent specified in the Specification. The Contractor acknowledges that the Authority may reasonably require during relies on the Contract Period skill and shall ensure that all Contractor’s Personnel involved judgment of the Contractor in the supply of the Services do Goods and the sameperformance of its obligations under the Contract. Such insurance The Contractor shall be maintained for a minimum of six (6) years following supply and, where relevant, install the expiration or earlier termination Goods in accordance with the Specification and the Tender and with all applicable provisions of the Contract. Delivery Subject to Schedule D, the Contractor shall deliver the Goods at the time(s) and date(s) specified in the Specification, to the Premises or location agreed. Unless otherwise specified, deliveries shall only be accepted during normal business hours. Unless otherwise stated in the Specification, where the Goods are delivered by the Contractor, the point of delivery shall be when the Goods have been removed from the transporting vehicle at the Premises and accepted by the Authority. Where the Goods are collected by the Authority, the point of delivery shall be when the Goods are loaded on the Authority’s vehicle. Time of delivery shall be of the essence and if the Contractor fails to deliver the Goods within the time promised or specified in the Specification, the Authority may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case without prejudice to any other rights and remedies of the Authority. The Authority shall be under no obligation to accept or pay for any Goods delivered in excess of the quantity ordered. If the Authority elects not to accept such over-delivered Goods it shall give notice in writing to the Contractor to remove them within five (5) Working Days and to refund to the Authority any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Authority may dispose of such Goods and charge the Contractor for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Contractor unless they are accepted by the Authority. The Authority shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Specification. Unless expressly agreed to the contrary, the Authority shall not be obliged to accept delivery by instalments. If, however, the Authority does specify or agree to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Authority, entitle the Authority to terminate the whole of any unfulfilled part of the Contract has been entered into by way of a deed without further liability to the Authority. Unless otherwise stated in which event the period Specification, there shall be twelve no charge for delivery of the Goods to the Premises or for packaging used by the Contractor. Returnable packaging will only be returned at the Contractor’s risk and expense. Risk and Ownership Subject to clause C13 above, risk in the Goods shall, without prejudice to any other rights or remedies of the Authority (12including the Authority’s rights and remedies under clause C16 below) yearspass to the Authority when delivery is completed to the Authority’s reasonable satisfaction. Ownership of the Goods shall, without prejudice to any other rights or remedies of the Authority (including the Authority’s rights and remedies under clause C16 below), pass to the Authority at the time of delivery (or payment, if earlier).

of the General Terms. Without prejudice to its rights under clause 7 (Recovery of Sums Due) of the General Terms, the Authority may charge the Contractor for any costs reasonably incurred and any reasonable administration costs in respect of the supply of any part of the Services by the Authority or a third party to the extent that such costs exceed the payment which would otherwise have been payable to the Contractor for such part of the Services and provided that the Authority uses its reasonable endeavours to mitigate any additional expenditure in obtaining replacement Services. Monitoring and Management Information The Contractor shall comply with the monitoring arrangements set out in the Monitoring Schedule including, but not limited to, providing such data and information as the Contractor may be required to produce under the Contract. Where requested by the Authority, the Contractor shall supply the Management Information to the Authority and to OGC the Cabinet Office in the form set out in the Monitoring Schedule during the Contract Period. The Contractor agrees that the Authority may provide OGC the Cabinet Office with information relating to the Services and Goods procured and any payments made under the Contract. Upon receipt of the Management Information supplied by the Contractor in response to a request under C10.2 or receipt of information provided by the Authority to OGC the Cabinet Office under C10.3, the Authority and the Contractor shall consent to OGCthe Cabinet Office: ‫storing and analysing the Management Information and producing statistics; and sharing the Management Information or any statistics produced using the Management Information, with any other Contracting Authority. ‫In the event that OGC the Cabinet Office shares the Management Information or information provided under clause C10.3 in accordance with C10.4(2), any Contracting Authority receiving the Management Information shall be informed of the confidential nature of that information and shall be requested not to disclose it to any body who is not a Contracting Authority (unless required by law). The Authority may make changes to the Management Information which the Contractor is required to supply and shall give the Contractor at least one (1) Month’s written notice of any changes. Professional Indemnity The Contractor shall effect and maintain appropriate professional indemnity insurance cover of an amount not less than £5,000,000 per incident or such higher amount as the Authority may reasonably require during the Contract Period and shall ensure that all Contractor’s Personnel involved in the supply of the Services do the same. Such insurance shall be maintained for a minimum of six (6) years following the expiration or earlier termination of the Contract, unless the Contract has been entered into by way of a deed in which event the period shall be twelve (12) years.

of the General Terms. Without prejudice to its rights under clause 7 (Recovery of Sums Due) of the General Terms, the Authority may charge the Contractor for any costs reasonably incurred and any reasonable administration costs in respect of the supply of any part of the Services by the Authority or a third party to the extent that such costs exceed the payment which would otherwise have been payable to the Contractor for such part of the Services and provided that the Authority uses its reasonable endeavours to mitigate any additional expenditure in obtaining replacement Services. Monitoring and Management Information The Contractor shall comply with the monitoring arrangements set out in the Monitoring Schedule including, but not limited to, providing such data and information as the Contractor may be required to produce under the Contract. Where requested by the Authority, the Contractor shall supply the Management Information to the Authority and to OGC the Cabinet Office in the form set out in the Monitoring Schedule during the Contract Period. The Contractor agrees that the Authority may provide OGC the Cabinet Office with information relating to the Services and Goods procured and any payments made under the Contract. Upon receipt of the Management Information supplied by the Contractor in response to a request under C10.2 or receipt of information provided by the Authority to OGC the Cabinet Office under C10.3, the Authority and the Contractor shall consent to OGCthe Cabinet Office: ‫storing and analysing the Management Information and producing statistics; and sharing the Management Information or any statistics produced using the Management Information, with any other Contracting Authority. ‫In the event that OGC the Cabinet Office shares the Management Information or information provided under clause C10.3 in accordance with C10.4(2), any Contracting Authority receiving the Management Information shall be informed of the confidential nature of that information and shall be requested not to disclose it to any body who is not a Contracting Authority (unless required by law). The Authority may make changes to the Management Information which the Contractor is required to supply and shall give the Contractor at least one (1) Month’s written notice of any changes. Professional Indemnity The Contractor shall effect and maintain appropriate professional indemnity insurance cover of an amount not less than £5,000,000 per incident or such higher amount as the Authority may reasonably require during the Contract Period and shall ensure that all Contractor’s Personnel involved in the supply of the Services do the same. Such insurance shall be maintained for a minimum of six (6) years following the expiration or earlier termination of the Contract, unless the Contract has been entered into by way of a deed in which event the period shall be twelve (12) years.

of the General Terms. Without prejudice to its rights under clause 7 (Recovery of Sums Due) of the General Terms, the Authority may charge the Contractor for any costs reasonably incurred and any reasonable administration costs in respect of the supply of any part of the Services by the Authority or a third party to the extent that such costs exceed the payment which would otherwise have been payable to the Contractor for such part of the Services and provided that the Authority uses its reasonable endeavours to mitigate any additional expenditure in obtaining replacement Services. Monitoring and Management Information The Contractor shall comply with the monitoring arrangements set out in the Monitoring Schedule including, but not limited to, providing such data and information as the Contractor may be required to produce under the Contract. Where requested by the Authority, the Contractor shall supply the Management Information to the Authority and to OGC the Cabinet Office in the form set out in the Monitoring Schedule during the Contract Period. The Contractor agrees that the Authority may provide OGC the Cabinet Office with information relating to the Services and Goods procured and any payments made under the Contract. Upon receipt of the Management Information supplied by the Contractor in response to a request under C10.2 or receipt of information provided by the Authority to OGC the Cabinet Office under C10.3, the Authority and the Contractor shall consent to OGCthe Cabinet Office: ‫storing and analysing the Management Information and producing statistics; and sharing the Management Information or any statistics produced using the Management Information, with any other Contracting Authority. ‫In the event that OGC the Cabinet Office shares the Management Information or information provided under clause C10.3 in accordance with C10.4(2), any Contracting Authority receiving the Management Information shall be informed of the confidential nature of that information and shall be requested not to disclose it to any body who is not a Contracting Authority (unless required by law). The Authority may make changes to the Management Information which the Contractor is required to supply and shall give the Contractor at least one (1) Month’s written notice of any changes. Professional Indemnity This Clause Not Used The Goods If requested by the Authority, the Contractor shall either provide the Authority with samples of Goods or performance demonstrations of Goods for evaluation and approval at the Contractor’s cost and expense. The Contractor shall effect and maintain appropriate professional indemnity insurance cover of an amount not less than £5,000,000 per incident or such higher amount as ensure that the Goods are fully compatible with any Equipment, to the extent specified in the Specification. The Contractor acknowledges that the Authority may reasonably require during relies on the Contract Period skill and shall ensure that all Contractor’s Personnel involved judgment of the Contractor in the supply of the Services do Goods and the sameperformance of its obligations under the Contract. Such insurance The Contractor shall be maintained for a minimum of six (6) years following supply and, where relevant, install the expiration or earlier termination Goods in accordance with the Specification and the Tender and with all applicable provisions of the Contract. Delivery Subject to Schedule D, the Contractor shall deliver the Goods at the time(s) and date(s) specified in the Specification, to the Premises or location agreed. Unless otherwise specified, deliveries shall only be accepted during normal business hours. Unless otherwise stated in the Specification, where the Goods are delivered by the Contractor, the point of delivery shall be when the Goods have been removed from the transporting vehicle at the Premises and accepted by the Authority. Where the Goods are collected by the Authority, the point of delivery shall be when the Goods are loaded on the Authority’s vehicle. Time of delivery shall be of the essence and if the Contractor fails to deliver the Goods within the time promised or specified in the Specification, the Authority may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case without prejudice to any other rights and remedies of the Authority. The Authority shall be under no obligation to accept or pay for any Goods delivered in excess of the quantity ordered. If the Authority elects not to accept such over-delivered Goods it shall give notice in writing to the Contractor to remove them within five (5) Working Days and to refund to the Authority any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Authority may dispose of such Goods and charge the Contractor for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Contractor unless they are accepted by the Authority. The Authority shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Specification. Unless expressly agreed to the contrary, the Authority shall not be obliged to accept delivery by instalments. If, however, the Authority does specify or agree to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Authority, entitle the Authority to terminate the whole of any unfulfilled part of the Contract has been entered into by way of a deed without further liability to the Authority. Unless otherwise stated in which event the period Specification, there shall be twelve no charge for delivery of the Goods to the Premises or for packaging used by the Contractor. Returnable packaging will only be returned at the Contractor’s risk and expense. Risk and Ownership Subject to clause C13 above, risk in the Goods shall, without prejudice to any other rights or remedies of the Authority (12including the Authority’s rights and remedies under clause C16 below) yearspass to the Authority when delivery is completed to the Authority’s reasonable satisfaction. Ownership of the Goods shall, without prejudice to any other rights or remedies of the Authority (including the Authority’s rights and remedies under clause C16 below), pass to the Authority at the time of delivery (or payment, if earlier).