Common use of Premises and equipment Clause in Contracts

Premises and equipment. If necessary, the Trust shall provide the Contractor with reasonable access at reasonable times to its premises for the purpose of supplying the Services. All equipment, tools and vehicles brought onto the Trusts premises by the Contractor or the Staff shall be at the Contractor’s risk. If the Contractor supplies all or any of the Services at or from the Trust’s premises, on completion of the Services or termination or expiry of the Agreement (whichever is the earlier) the Contractor shall vacate the Trust’s premises, remove the Contractor’s plant, equipment and unused materials and all rubbish arising out of the provision of the Services and leave the Trust’s premises in a clean, safe and tidy condition. The Contractor shall be solely responsible for making good any damage to the Trust’s premises or any objects contained on the Trust’s premises which is caused by the Contractor or any Staff, other than fair wear and tear. If the Contractor supplies all or any of the Services at or from its premises or the premises of a third party, the Trust may, during normal business hours and on reasonable notice, inspect and examine the manner in which the relevant Services are supplied at or from the relevant premises. The Trust shall be responsible for maintaining the security of its premises in accordance with its standard security requirements. While on the Trust’s premises the Contractor shall, and shall procure that all Staff shall, comply with all the Trust’s security requirements. Where all or any of the Services are supplied from the Contractor’s premises, the Contractor shall, at its own cost, comply with all security requirements specified by the Trust in writing. Without prejudice to clause 3.2(g), any equipment provided by the Trust for the purposes of the Agreement shall remain the property of the Trust and shall be used by the Contractor and the Staff only for the purpose of carrying out the Agreement. Such equipment shall be returned promptly to the Trust on expiry or termination of the Agreement. The Contractor shall reimburse the Trust for any loss or damage to the equipment (other than deterioration resulting from normal and proper use) caused by the Contractor or any Staff. Equipment supplied by the Trust shall be deemed to be in a good condition when received by the Contractor or relevant Staff unless the Trust is notified otherwise in writing within 5 Working Days.

Premises and equipment. If necessary, the Trust shall provide the Contractor with reasonable access at reasonable times to its premises for the purpose of supplying the Services. All equipment, tools and vehicles brought onto the Trusts premises by the Contractor or the Staff shall be at the Contractor’s risk. If the Contractor supplies all or any of the Services at or from the Trust’s premises, on completion of the Services or termination or expiry of the Agreement (whichever is the earlier) the Contractor shall vacate the Trust’s premises, remove the Contractor’s plant, equipment and unused materials and all rubbish arising out of the provision of the Services and leave the Trust’s premises in a clean, safe and tidy condition. The Contractor shall be solely responsible for making good any damage to the Trust’s premises or any objects contained on the Trust’s premises which is caused by the Contractor or any Staff, other than fair wear and tear. If the Contractor supplies all or any of the Services at or from its premises or the premises of a third party, the Trust may, during normal business hours and on reasonable notice, inspect and examine the manner in which the relevant Services are supplied at or from the relevant premises. The Trust shall be responsible for maintaining the security of its premises in accordance with its standard security requirements. While on the Trust’s premises the Contractor shall, and shall procure that all Staff shall, comply with all the Trust’s security requirements. Where all or any of the Services are supplied from the Contractor’s premises, the Contractor shall, at its own cost, comply with all security requirements specified by the Trust in writing. Without prejudice to clause 3.2(g13.2(g), any equipment provided by the Trust for the purposes of the Agreement shall remain the property of the Trust and shall be used by the Contractor and the Staff only for the purpose of carrying out the Agreement. Such equipment shall be returned promptly to the Trust on expiry or termination of the Agreement. The Contractor shall reimburse the Trust for any loss or damage to the equipment (other than deterioration resulting from normal and proper use) caused by the Contractor or any Staff. Equipment supplied by the Trust shall be deemed to be in a good condition when received by the Contractor or relevant Staff unless the Trust is notified otherwise in writing within 5 Working Days.

Premises and equipment. If necessary, the Trust Progress shall provide the Contractor Supplier with reasonable access at reasonable times to its premises for the purpose of supplying the Services. All equipment, tools and vehicles brought onto the Trusts Progress’s premises by the Contractor Supplier or the Staff shall be at the ContractorSupplier’s risk. If the Contractor Supplier supplies all or any of the Services at or from the TrustProgress’s premises, on completion of the Services or termination or expiry of the Agreement (whichever is the earlier) the Contractor Supplier shall vacate the TrustProgress’s premises, remove the ContractorSupplier’s plant, equipment and unused materials and all rubbish arising out of the provision of the Services and leave the TrustProgress’s premises in a clean, safe and tidy condition. The Contractor Supplier shall be solely responsible for making good any damage to the TrustProgress’s premises or any objects contained on the TrustProgress’s premises which is caused by the Contractor Supplier or any Staff, other than fair wear and tear. If the Contractor Supplier supplies all or any of the Services at or from its premises or the premises of a third party, the Trust Progress may, during normal business hours and on reasonable notice, inspect and examine the manner in which the relevant Services are supplied at or from the relevant premises. The Trust Progress shall be responsible for maintaining the security of its premises in accordance with its standard security requirements. While on the TrustProgress’s premises the Contractor Supplier shall, and shall procure that all Staff shall, comply with all the TrustProgress’s security requirements. Where all or any of the Services are supplied from the ContractorSupplier’s premises, the Contractor Supplier shall, at its own cost, comply with all security requirements specified by the Trust Progress in writing. Without prejudice to clause 3.2(g)6.2.7, any equipment provided by the Trust Progress for the purposes of the Agreement shall remain the property of the Trust Progress and shall be used by the Contractor Supplier and the Staff only for the purpose of carrying out the Agreement. Such equipment shall be returned promptly to the Trust Progress on expiry or termination of the Agreement. The Contractor Supplier shall reimburse the Trust Progress for any loss or damage to the equipment (other than deterioration resulting from normal and proper use) caused by the Contractor Supplier or any Staff. Equipment supplied by the Trust Progress shall be deemed to be in a good condition when received by the Contractor Supplier or relevant Staff unless the Trust Progress is notified otherwise in writing within 5 Working DaysDays of receipt. Charges, Payment and Recovery of Sums Due The Charges for the Goods and/or Services shall be as set out in the Order and shall be the full and exclusive remuneration of the Supplier in respect of the supply of the Goods and/or Services. Unless otherwise agreed in writing by Progress, the Charges shall include every cost and expense of the Supplier directly or indirectly incurred in connection with the performance of the Services. All amounts stated are exclusive of VAT which shall be charged at the prevailing rate. Progress shall, following the receipt of a valid VAT invoice, pay to the Supplier a sum equal to the VAT chargeable in respect of the Goods and/or Services. The Supplier shall invoice Progress as specified in the Agreement. Each invoice shall include such supporting information required by Progress to verify the accuracy of the invoice, including the relevant Purchase Order Number and a breakdown of the Goods and/or Services supplied in the invoice period. In consideration of the supply of the Goods and/or Services by the Supplier, Progress shall pay the Supplier the invoiced amounts no later than 30 days after verifying that the invoice is valid and undisputed and includes a valid Purchase Order Number. Progress may, without prejudice to any other rights and remedies under the Agreement, withhold or reduce payments in the event of unsatisfactory performance. If Progress fails to consider and verify an invoice in a timely fashion the invoice shall be regarded as valid and undisputed for the purpose of paragraph 8.4 after a reasonable time has passed. If there is a dispute between the Parties as to the amount invoiced, Progress shall pay the undisputed amount. The Supplier shall not suspend the supply of the Goods and/or Services unless the Supplier is entitled to terminate the Agreement for a failure to pay undisputed sums in accordance with clause 20.4. Any disputed amounts shall be resolved through the dispute resolution procedure detailed in clause 23. If a payment of an undisputed amount is not made by Progress by the due date, then Progress shall pay the Supplier interest at the interest rate of 2% above Bank of England base rate. Interest shall not be payable in respect of any amount in dispute as notified to the Supplier unless such amount is subsequently agreed or held to be payable by Progress. Where the Supplier enters into a sub-contract, the Supplier shall include in that sub-contract: provisions having the same effects as clauses 8.3 to 8.7 of this Agreement; and a provision requiring the counterparty to that sub-contract to include in any sub-contract which it awards provisions having the same effect as 8.3 to 8.8 of this Agreement. In this clause 8.8, “sub-contract” means a contract between two or more suppliers, at any stage of remoteness from Progress in a subcontracting chain, made wholly or substantially for the purpose of performing (or contributing to the performance of) the whole or any part of this Agreement. If any sum of money is recoverable from or payable by the Supplier under the Agreement (including any sum which the Supplier is liable to pay to Progress in respect of any breach of the Agreement), that sum may be deducted unilaterally by Progress from any sum then due, or which may come due, to the Supplier under the Agreement or under any other agreement or contract with Progress. The Supplier shall not be entitled to assert any credit, set-off or counterclaim against Progress in order to justify withholding payment of any such amount in whole or in part. Staff and Key Personnel If Progress reasonably believes that any of the Staff are unsuitable to undertake work in respect of the Agreement, it may, by giving written notice to the Supplier: refuse admission to the relevant person(s) to Progress’s premises; direct the Supplier to end the involvement in the provision of the Goods and/or Services of the relevant person(s); and/or require that the Supplier replace any person removed under this clause with another suitably qualified person and procure that any security pass issued by Progress to the person removed is surrendered, and the Supplier shall comply with any such notice. The Supplier shall: ensure that all Staff are vetted in accordance with the Staff Vetting Procedures and (where relevant) any applicable Mandatory Policies and if requested, comply with the Progress’s Staff Vetting Procedures and Mandatory Policies as supplied from time to time; if requested, provide Progress with a list of the names and addresses (and any other relevant information) of all persons who may require admission to Progress’s premises in connection with the Agreement; and procure that all Staff comply with any rules, regulations and requirements reasonably specified by Progress (including the Data Protection Legislation, the Regulations, the MSA, the Bribery Act and the PCRs). Any Key Personnel shall not be released from supplying the Goods and/or Services without the agreement of Progress, except by reason of long-term sickness, maternity leave, paternity leave, termination of employment or other extenuating circumstances. Any replacements to the Key Personnel shall be subject to the prior written agreement of Progress (not to be unreasonably withheld). Such replacements shall be of at least equal status or of equivalent experience and skills to the Key Personnel being replaced and be suitable for the responsibilities of that person in relation to the Goods and/or Services. Make payment for all travel and subsistence arrangements of their Staff whilst undertaking the Services in connection with this Agreement. Assignment and sub-contracting The Supplier shall not without the written consent of Progress assign, sub-contract, novate or in any way dispose of the benefit and/ or the burden of the Agreement or any part of the Agreement. Progress may, in the granting of such consent, provide for additional terms and conditions relating to such assignment, sub-contract, novation or disposal. The Supplier shall be responsible for the acts and omissions of its sub-contractors as though those acts and omissions were its own. Where Progress has consented to the placing of sub-contracts, the Supplier shall, at the request of Progress, send copies of each sub-contract, to Progress as soon as is reasonably practicable. Progress may assign, novate, or otherwise dispose of its rights and obligations under the Agreement to any member of its group (as defined in the Companies Act 2006) without the consent of the Supplier or, provided that such assignment, novation or disposal shall not increase the burden of the Supplier’s obligations under the Agreement, to any other entity.

Premises and equipment. If necessary, the Trust Council shall provide the Contractor with reasonable access at reasonable times to its premises for the purpose of supplying the Services. All equipment, tools and vehicles brought onto the Trusts Council’s premises by the Contractor or the Staff shall be at the Contractor’s risk. If the Contractor supplies all or any of the Services at or from the TrustCouncil’s premises, on completion of the Services or termination or expiry of the Agreement (whichever is the earlier) the Contractor shall promptly vacate the TrustCouncil’s premises, remove the Contractor’s plant, equipment and unused materials and all rubbish arising out of the provision of the Services and leave the TrustCouncil’s premises in a clean, safe and tidy conditioncondition to the satisfaction of the Council. The Contractor shall be solely responsible for making good any damage to the TrustCouncil’s premises or any objects contained on the TrustCouncil’s premises which is caused by the Contractor or any Staff, other than fair wear and tear. If the Contractor supplies all or any of the Services at or from its premises or the premises of a third party, the Trust Council may, during normal business hours and on reasonable notice, inspect and examine the manner in which the relevant Services are supplied at or from the relevant premises. The Trust Council shall be responsible for maintaining the security of its premises in accordance with its standard security requirements. While on the TrustCouncil’s premises the Contractor shall, and shall procure that all Staff shall, comply with all the TrustCouncil’s security requirements. Where all or any of the Services are supplied from the Contractor’s premises, the Contractor shall, at its own cost, comply with all security requirements specified by the Trust Council in writing. Without prejudice to clause 3.2(g)2.2.6, any equipment provided by the Trust Council for the purposes of the Agreement shall remain the property of the Trust Council and shall be used by the Contractor and the Staff only for the purpose of carrying out the Agreement. Such equipment shall be returned promptly to the Trust Council on expiry or termination of the Agreement. The Contractor shall reimburse the Trust Council for any loss or damage to the Council equipment (other than deterioration resulting from normal and proper use) caused by the Contractor or any Staff. Equipment supplied by the Trust Council shall be deemed to be in a good condition when received by the Contractor or relevant Staff unless the Trust Council is notified otherwise in writing within 5 five (5) Working Days. Staff If the Council reasonably believes that any of the Staff are unsuitable to undertake work in respect of the Agreement, it may, by giving written notice to the Contractor: refuse admission to the relevant person(s) to the Council’s premises; direct the Contractor to end the involvement in the provision of the Services of the relevant person(s); and/or require that the Contractor replace any person removed under this clause with another suitably qualified person and procure that any security pass issued by the Council to the person removed is surrendered; and the Contractor shall comply with any such notice. The Contractor shall: ensure that all Staff are vetted in accordance with the Staff Vetting Procedures; if requested, provide the Council with a list of the names and addresses (and any other relevant information) of all persons who may require admission to the Council’s premises in connection with the Agreement; and procure that all Staff comply with any rules, regulations and requirements reasonably specified by the Council. Assignment and sub-contracting The Contractor shall not without the written consent of the Council assign, sub-contract, novate or in any way dispose of the benefit and/ or the burden of the Agreement or any part of the Agreement. The Council may, in the granting of such consent, provide for additional terms and conditions relating to such assignment, sub-contract, novation or disposal. Where the Contractor enters into a sub-contract for the purpose of performing its obligations under the Agreement, it shall: ensure that a provision is included in such sub-contract which requires payment to be made of all sums due by the Contractor to the sub-contractor within a specified period not exceeding thirty (30) days from the receipt of a valid invoice. remain responsible to the Council for the performance of its obligations under the Agreement notwithstanding the appointment of any sub-contractor and be responsible for the acts omissions and neglects of its sub-contractors; and impose obligations on its sub-contractor in the same terms as those imposed on it pursuant to this Agreement and shall procure that the sub-contractor complies with such terms. Where the Council has consented to the placing of sub-contracts, the Contractor shall, and where requested by the Council in writing, send copies of each sub-contract, to the Council as soon as is reasonably practicable. The Council shall be entitled to novate (and the Contractor shall be deemed to consent to any such novation) the Agreement to any other body which substantially performs any of the functions that previously had been performed by the Council.

Premises and equipment. If necessary, the Trust shall provide the Contractor with reasonable access at reasonable times to its premises for the purpose of supplying the Services. All equipment, tools and vehicles brought onto the Trusts premises by the Contractor or the Staff shall be at the Contractor’s risk. If the Contractor supplies all or any of the Services at or from the Trust’s premises, on completion of the Services or termination or expiry of the Agreement (whichever is the earlier) the Contractor shall vacate the Trust’s premises, remove the Contractor’s plant, equipment and unused materials and all rubbish arising out of the provision of the Services and leave the Trust’s premises in a clean, safe and tidy condition. The Contractor shall be solely responsible for making good any damage to the Trust’s premises or any objects contained on the Trust’s premises which is caused by the Contractor or any Staff, other than fair wear and tear. If the Contractor supplies all or any of the Services at or from its premises or the premises of a third party, the Trust may, during normal business hours and on reasonable notice, inspect and examine the manner in which the relevant Services are supplied at or from the relevant premises. The Trust shall be responsible for maintaining the security of its premises in accordance with its standard security requirements. While on the Trust’s premises the Contractor shall, and shall procure that all Staff shall, comply with all the Trust’s security requirements. Where all or any of the Services are supplied from the Contractor’s premises, the Contractor shall, at its own cost, comply with all security requirements specified by the Trust in writing. Without prejudice to clause 3.2(g(g), any equipment provided by the Trust for the purposes of the Agreement shall remain the property of the Trust and shall be used by the Contractor and the Staff only for the purpose of carrying out the Agreement. Such equipment shall be returned promptly to the Trust on expiry or termination of the Agreement. The Contractor shall reimburse the Trust for any loss or damage to the equipment (other than deterioration resulting from normal and proper use) caused by the Contractor or any Staff. Equipment supplied by the Trust shall be deemed to be in a good condition when received by the Contractor or relevant Staff unless the Trust is notified otherwise in writing within 5 Working Days.

Premises and equipment. If necessary, the Trust shall provide the Contractor with reasonable access at reasonable times to its premises for the purpose of supplying the Services. All equipment, tools and vehicles brought onto the Trusts premises by the Contractor or the Staff shall be at the Contractor’s risk. If the Contractor supplies all or any of the Services at or from the Trust’s premises, on completion of the Services or termination or expiry of the Agreement (whichever is the earlier) the Contractor shall vacate the Trust’s premises, remove the Contractor’s plant, equipment and unused materials and all rubbish arising out of the provision of the Services and leave the Trust’s premises in a clean, safe and tidy condition. The Contractor shall be solely responsible for making good any damage to the Trust’s premises or any objects contained on the Trust’s premises which is caused by the Contractor or any Staff, other than fair wear and tear. If the Contractor supplies all or any of the Services at or from its premises or the premises of a third party, the Trust may, during normal business hours and on reasonable notice, inspect and examine the manner in which the relevant Services are supplied at or from the relevant premises. The Trust shall be responsible for maintaining the security of its premises in accordance with its standard security requirements. While on the Trust’s premises the Contractor shall, and shall procure that all Staff shall, comply with all the Trust’s security requirements. Where all or any of the Services are supplied from the Contractor’s premises, the Contractor shall, at its own cost, comply with all security requirements specified by the Trust in writing. Without prejudice to clause 3.2(g12.2(g), any equipment provided by the Trust for the purposes of the Agreement shall remain the property of the Trust and shall be used by the Contractor and the Staff only for the purpose of carrying out the Agreement. Such equipment shall be returned promptly to the Trust on expiry or termination of the Agreement. The Contractor shall reimburse the Trust for any loss or damage to the equipment (other than deterioration resulting from normal and proper use) caused by the Contractor or any Staff. Equipment supplied by the Trust shall be deemed to be in a good condition when received by the Contractor or relevant Staff unless the Trust is notified otherwise in writing within 5 Working Days.