Accreditation of ICT Suppliers
The failure of the Agency to exercise or a delay in exercising, any right or remedy under this Agreement shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies which the Agency may otherwise have and no single or partial exercise of any right or remedy under this Agreement shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.
The Agency’s rights and remedies contained in this Agreement are in addition to, and not exclusive of, any other rights or remedies availability at law.
If any provision of the Agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions of the Agreement shall continue in full force and effect as if the Agreement had been executed with the invalid, illegal or unenforceable provision eliminated.
Third Party Rights
The Parties to this Agreement do not intend that any of its terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it.
Use of the Agency’s Premises
Where the Services are performed on the Agency’s premises the Contractor shall have use of the Agency’s premises as a licensee without charge and shall vacate those premises on completion or earlier termination of the Agreement.
The Contractor shall not use the Agency’s premises for any purpose or activity other than the provision of the Services unless given prior approval by the Agency.
Whilst on the Agency’s premises all staff shall comply with such rules, regulations and other requirements as may be in force in respect of the conduct of persons attending work on the Agency’s premises.
Neither party to this Agreement shall be deemed in default of their obligations under this Agreement or shall be liable to the other to the extent that it is unable to perform all or any of its obligations by reason of any fire, earthquake, flood, epidemic, accident, explosion, casualty, strike, lock-out, riot, civil disturbance, act of public enemy, natural catastrophe, embargo, war or act of God or any ordinance or law or any executive or judicial orders (whether imposed by a national, international or other public authority or by any national or international court of competent jurisdiction).
In case of any dispute which at any time shall arise between the Agency and the Contractor concerning this Agreement or the interpretation or application of it such dispute shall at the option of either party be referred to the arbitration of a single arbitrator to be agreed by the Agency and the Contractor or failing agreement to be nominated by the President for the time being of the Chartered Institute of Arbitrators in accordance with the Arbitration Act 1996 or any statutory modification or re-enactment of it for the time being in force.
This Agreement is governed by English Law and both parties hereby submit to the exclusive jurisdiction of the English Courts.
Advantage West Midlands Form ADV-09 Issue 02INVITATION TO TENDERPage 18 of 35