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Accreditation of ICT Suppliers

The Agency does not envisage extending the Contract beyond the specified period. The Agency will approach the Contractor if it wishes to do so before the end of the Contract period. The agreed terms and conditions in this Contract will apply throughout any extended period.

4.

Entire Agreement

The contract constitutes the entire agreement between the Parties relating to the subject matter of the Contract.

5.

Notices

Except as otherwise expressly provided within the contract, no notice or other communication from one party the other shall have any validity under the Contract unless made in writing by or on behalf of the party concerned.

Any notice or communication which is to be given by either Party to the other shall be given by letter (sent by hand, post, registered post or by recorded delivery service), by facsimile transmission or electronic mail (confirmed in either case by letter).

6.

The Services

In consideration of the fees set out in the tender section of this document of this Agreement the Contractor shall provide the Services in accordance with the Agency’s requirements as set out in the tender section of this document during the term of this Agreement.

The Contractor shall provide the services properly and efficiently and will act at all times in good faith and in the best interest of the Agency.

The Agency shall have the power to inspect and examine the performance of the Services at any reasonable time.

In providing the Services, the Contractor shall comply with and take into account all applicable laws, enactments, orders, regulations and other similar instruments, the requirements of any court with relevant jurisdiction and any local, national or supranational agency, inspectorate, minister, ministry, official or public or statutory person of the government of the United Kingdom or of the European Union.

If the Agency informs the Contractor that the Agency considers any part of the Services to be inadequate or in any way differing from the terms of this Agreement, and this is other than as a result of default or negligence on the part of the Agency, the Contractor shall at its own expense re-schedule and perform the work correctly within such reasonable time as may be specified by the Agency.

Where the Contractor consistently fails to carry out their services and duties to the satisfaction of the Agency, the Agency may elect to secure the provision of the Service from alternative providers and seek reimbursement from the Contractor of any additional costs incurred to the Agency consequent upon this action.

Timely provision of the Services shall be of the essence of the Agreement, including in relation to commencing the provision of the Services within the time agreed or on a specified date.

Without prejudice to any other rights and remedies the Agency may have under the terms of this Agreement, the Contractor shall reimburse the Agency for all reasonable costs incurred by the Agency which have arisen as a consequence of the Contractor’s delay in the performance of the Agreement which the Contractor failed to remedy after being given reasonable notice by the Agency.

7.

Contractor’s Status

Nothing in the Agreement shall be construed as creating a partnership, a contract of employment or a relationship of principal and agent between the Agency and the Contractor.

8.

Contractor’s Personnel

All staff (identified in tender submission shall possess the qualifications and competence appropriate to the tasks for which they are employed

Advantage West Midlands Form ADV-09 Issue 02INVITATION TO TENDERPage 12 of 35

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