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Accreditation of ICT Suppliers

TERMS AND CONDITIONS OF CONTRACT

The terms of engagement for service contracts are as follows:

1.

Interpretation

In this agreement, unless the context otherwise requires:

“Agreement” means this agreement together with all schedules and annexure to this agreement;

“Authorised Officer” means the Officer duly appointed by the Agency, or such other officer as may from time to time be determined by the Agency;

“Commencement Date” means the date of commencement of services as defined in clause 2.

“Confidential Information” means information, data and material of any nature which either Party may receive or obtain in connection with the operation of the Contract and:

which comprises Personal Data or Sensitive Personal data (as both terms are defined in the Data Protection Act 1998);

which is listed in the annex to this Contract;

the release of which is likely to prejudice the commercial interests of the Agency or the Consultant respectively; or

which is a trade secret

“FOIA” means the Freedom of Information Act 2000

“EIR” means the Environmental Information Regulations 2004 and any subsequent amended regulations as may be issued from time to time.

“The Services” means the services to be provided under this Agreement to the Agency as more specifically set out in the tender section of this document.

“Term” means the term of this Agreement as set out in clause 2 of this Agreement

In this Agreement, unless the context otherwise requires, reference to:

A Clause or Schedule is a reference to a clause of or schedule to this Agreement;

The singular includes the plural and vice versa and reference to any gender includes the other genders;

A statutory provision includes a reference to that provision as modified, replaced, amended or reinstated from time to time (whether before or after the date of this Agreement) and any prior or subsequent subordinate legislation made under it;

A person includes an individual, partnership, unincorporated association or body corporate wherever incorporated or situated and, in the case of an individual, that person’s legal personal representatives;

The Schedules form part of this Agreement and shall be interpreted and construed as though they were set out in the main body of this Agreement.

The headings to the clauses and to the Schedules in this Agreement are for convenience only and they shall not affect the interpretation or construction of this Agreement.

2.

Term

This Agreement shall commence on the 1st October 2009 and shall continue in force until 31st March 2011.

3.

Possible Extension of Contract Period

Advantage West Midlands Form ADV-09 Issue 02INVITATION TO TENDERPage 11 of 35

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