Common use of Performance of the Services Clause in Contracts

Performance of the Services. Subject to Clause 15.1, the Contractor shall provide at its own expense all staff, equipment, tools, appliances, materials or items required for the provision of the Services to the Contract Standard. To the extent that the Specification includes the date, format and method of delivery of the Services and Deliverables and/or the applicable performance measures, performance due-by dates, minimum performance levels and methods of performance measurement in respect of the Services, the Contractor will abide by the same. Time shall be of the essence with regard to the obligations of the Contractor under the Contract. If the Specification provides for performance of the Services in stages, the Contractor undertakes to perform the Services in strict compliance with the timetable for stages as provided in the Specification. The Authority and the Contractor will co-operate with each other in good faith and will take all reasonable action as is necessary for the efficient transmission of information and instructions and to enable the Authority, or as the case may be, any Beneficiary to derive the full benefit of the Contract. At all times in the performance of the Services, the Contractor will co-operate fully with any other contractors appointed by the Authority or any Beneficiary in connection with other services at the Location. In addition to any more specific obligations imposed by the terms of the Contract, it shall be the duty of the Contractor to notify the Authorised Officer of all significant changes to staffing, rates of pay or conditions of employment, or hours of work or other technological changes at least one month prior to the implementation of any such revised arrangements. The Contractor shall provide information in a format, medium and at times specified by the Authority, related to the performance of the Services as may be reasonably required. In providing the Services, the Contractor shall use Good Industry Practice to ensure that any computer systems and/or related hardware and/or software it uses are free from corrupt data, viruses, worms and any other computer programs which might cause harm or disruption to the Authority's or, as the case may be, to any Beneficiary's computer systems. If at any time the Contractor becomes aware of any act or omission or any proposed act or omission by the Authority or any Beneficiary or by any member, official or employee of the Authority or any Beneficiary which prevents or hinders or may prevent or hinder the Contractor from providing the Services in accordance with the Contract then the Contractor shall immediately inform the Authorised Officer of that fact. For the avoidance of doubt, the Contractor’s compliance with this Clause shall not in any way relieve the Contractor of any of its obligations under the Contract. The Authority and any Beneficiary shall provide the Contractor with copies of its policies, rules, procedures and quality standards (and shall promptly inform the Contractor of any amendments to such documents) to enable the Contractor to comply with its obligations under the Contract. The Authority may, where necessary, require the Contractor to set up and maintain appropriate policies, rules, procedures and quality standards in relation to the employment of his own staff whilst carrying out their duties in relation to the Contract at the Location. This shall include, but not be limited to, disciplinary and grievance procedures. The Contractor shall provide the Authority and any Beneficiary with copies of such policies, rules, procedures and quality standards (and shall promptly inform the Authority and any Beneficiary of any amendments to such documents). The Contractor will immediately notify the Authorised Officer of any actual or potential problems relating to the Contractor’s own suppliers that affects or might affect his ability to provide the Services. The Contractor will be responsible for providing and maintaining the Services to the Contract Standard at all times and will ensure continuity of supply (at no extra cost to the Authority and any Beneficiary) in accordance with the Specification. The Contractor must have in place contingency plans and arrangements which are approved by the Authority to ensure continuity of supply. The Contractor will immediately notify the Authorised Officer of any actual or potential industrial action, including strike action, whether such action be of his own staff or others, that affects or might affect his ability at any time to provide the Services. The Contractor will be responsible for providing and maintaining the Services to the Contract Standard during industrial action, at no additional cost to the Authority and any Beneficiary. The Contractor must have in place contingency plans and arrangements which are approved by the Authority. In the event of the Contractor being unable to maintain the Services to the Contract Standard, the Contractor shall without prejudice to the remedies of the Authority and any Beneficiary permit the Authorised Officer and his staff, to have access to and unrestricted use of such machinery, equipment and materials which being the property of the Contractor deemed necessary to maintain the Services by the Authorised Officer during industrial action, or any other such occurrence, without additional charge. In the event of a major incident (as defined in the Authority’s major incident policy) the Contractor shall perform the Services in accordance with the relevant section of the Specification. Deliverables Wherever the Services require the Contractor to provide a Deliverable: such Deliverable will be delivered in the form prescribed and in accordance with the Specification. If no such form is prescribed in the Specification, the Contractor will provide Deliverables in a professional form to the requirements (including as to time of delivery) notified to the Contractor by the Authorised Officer; the Authority or any Beneficiary may accept such Deliverable or reject it in its reasonable discretion on the grounds that such Deliverable is (in whole or in part) not of satisfactory quality and/or does not meet the brief set out in the Specification or the requirements otherwise made known to the Contractor by the Authority or any Beneficiary; the Authority or any Beneficiary will not reject any Deliverable (wholly or in part) without providing written reasons to the Contractor as to why such Deliverable has been rejected; any dispute as to whether the Authority or any Beneficiary has exercised its right to reject any Deliverable reasonably shall be resolved by the Dispute Resolution Procedure; and any Deliverables which are rejected shall be replaced by the Contractor (at no extra charge to the Authority or any Beneficiary) by Deliverables which are reasonably satisfactory to the Authorised Officer.

Performance of the Services. Subject to Clause 15.1, Unless agreed otherwise in writing the Contractor shall provide at its own expense all staff, equipment, tools, appliances, materials or and items required for the provision of the Services to the Contract Standard. To the extent that the Specification includes the date, format and method of delivery of The Contractor shall perform the Services without undue delay and Deliverables and/or shall comply with any timetable specified in the applicable performance measures, performance due-by dates, minimum performance levels and methods of performance measurement in respect of the Services, the Contractor will abide by the sameContract. Time shall be of the essence with regard to the obligations of the Contractor under the Contract. If the Specification provides for performance of the Services in stages, the Contractor undertakes to perform the Services in strict compliance with the timetable for stages as provided in the Specification. The Authority and the Contractor will shall co-operate with each other in good faith and will take all reasonable action as is necessary for the efficient transmission of information and instructions and to enable the Authority, or as the case may be, any Beneficiary Authority to derive the full benefit of the Contract. At all times in the performance of the Services, the Contractor will co-operate fully with any other contractors appointed by the Authority or any Beneficiary in connection with other services at the Location. In addition to any more specific obligations imposed by the terms of the Contract, it shall be the duty of the Contractor to notify the Authorised Officer of all significant changes to staffing, rates of pay or conditions of employment, or hours of work or other technological changes at least one month prior to the implementation of any such revised arrangements. The Contractor shall provide information in a format, medium and at times specified by the Authority, related to the performance of the Services as may be reasonably required. In providing the Services, the Contractor shall use Good Industry Practice to ensure warrants that any computer systems and/or related hardware and/or software it uses are free from corrupt data, viruses, worms and any other computer programs which might affect the Services or cause harm or disruption to the Authority's or, as the case may be, to any Beneficiary's computer systems. If at any time the Contractor becomes aware of any act or omission or any proposed act or omission by the Authority or any Beneficiary or by any member, official or employee of the Authority or any Beneficiary which prevents or hinders or may prevent or hinder the Contractor from providing the Services in accordance with the Contract then the Contractor shall immediately inform the Authorised Officer of that fact. For the avoidance of doubt, the Contractor’s compliance with this Clause shall not in any way relieve the Contractor of any of its obligations under the Contract. The Authority and any Beneficiary shall provide the Contractor with copies of its policies, rules, procedures and quality standards (and shall promptly inform the Contractor of any amendments from time to such documents) to enable the Contractor to comply with its obligations under the Contract. The Authority may, where necessary, require the Contractor to set up and maintain appropriate policies, rules, procedures and quality standards in relation to the employment of his own staff whilst carrying out their duties in relation to the Contract at the Location. This shall include, but not be limited to, disciplinary and grievance procedurestime. The Contractor shall provide the Authority comply and any Beneficiary shall procure that its staff comply with copies of all such policies, rules, procedures and quality standards (and shall promptly inform the Authority and any Beneficiary of any amendments to such documents)standards. The Contractor will immediately notify the Authorised Officer of any actual or potential problems relating to the Contractor’s own suppliers that affects affect or might affect his its ability to provide the Services. The Contractor will be responsible for providing shall provide and maintaining maintain the Services to the Contract Standard at all times (including during any industrial action) and will ensure continuity of supply (at no extra cost to the Authority and any BeneficiaryAuthority) in accordance with the Specification. The Contractor must shall have in place suitable contingency plans and arrangements which are approved by the Authority to ensure continuity of supply. The Contractor will immediately notify the Authorised Officer of any actual or potential industrial action, including strike action, whether such action be of his own staff or others, that affects or might affect his its ability at any time to provide the Services. The Contractor will Such notification shall be responsible for providing and maintaining without prejudice to the Contractor’s obligation to continue performance of the Services to the Contract Standard during any such industrial action, at no additional cost to the Authority and any Beneficiary. The Contractor must have in place contingency plans and arrangements which are approved by the Authority. In the event of the Contractor being unable to maintain the Services to the Contract Standard, the Contractor shall without prejudice to the other rights and remedies of the Authority and any Beneficiary permit the Authorised Officer and his staff, to have its staff access to and unrestricted use of such machinery, equipment and materials which being the property of the Contractor are reasonably deemed necessary by the Authorised Officer to maintain the Services by the Authorised Officer during industrial action, action or any other such occurrenceoccurrence during which the Contractor is unable to maintain the Services to the Contract Standard, without additional charge. In the event of a major incident (as defined in the Authority’s major incident policy) the Contractor shall perform the Services in accordance with the relevant section of the Specification. Deliverables Wherever the Services require the Contractor to provide a Deliverable: such Deliverable will be delivered in the form prescribed and in accordance with the Specification. If no such form is prescribed in the Specification, the Contractor will provide Deliverables in a professional form to the requirements (including as to time of delivery) notified to the Contractor by the Authorised Officer; the Authority or any Beneficiary may accept such Deliverable or reject it in its reasonable discretion on the grounds that such Deliverable is (in whole or in part) not of satisfactory quality and/or does not meet the brief set out in the Specification or the requirements otherwise made known to the Contractor by the Authority or any Beneficiary; the Authority or any Beneficiary will not reject any Deliverable (wholly or in part) without providing written reasons to the Contractor as to why such Deliverable has been rejected; any dispute as to whether the Authority or any Beneficiary has exercised its right to reject any Deliverable reasonably shall be resolved by the Dispute Resolution Procedure; and any Deliverables which are rejected shall be replaced by the Contractor (at no extra charge to the Authority or any Beneficiary) by Deliverables which are Authority. The Contractor shall not deliberately act in a manner reasonably satisfactory likely to bring discredit upon the Authorised OfficerAuthority.