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ANNEX II - UNOPS

ANNEX II - UNOPS

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intellectual property or other proprietary rights consist of any intellectual property or other<br />

proprietary rights of the Contractor: (a) that pre-existed the performance by the Contractor of his/her<br />

functions, or (b) that the Contractor may develop or acquire, or may have developed or acquired,<br />

independently of the performance of his/her functions, <strong>UNOPS</strong> does not and shall not claim any<br />

ownership interest thereto, and the Contractor grants to <strong>UNOPS</strong> a perpetual license to use such<br />

intellectual property or other proprietary right solely for the purposes of and in accordance with the<br />

requirements of the Agreement and respective Call-Off Contract(s). At the request of <strong>UNOPS</strong>, the<br />

Contractor shall take all necessary steps, execute all necessary documents and generally assist in<br />

securing such proprietary rights and transferring or licensing them to <strong>UNOPS</strong> in compliance with the<br />

requirements of the applicable law and of the Agreement and respective Call-Off Contract(s).<br />

Subject to the foregoing provisions, all maps, drawings, photographs, mosaics, plans, reports,<br />

estimates, recommendations, documents and all other data compiled by or received by the Contractor<br />

under the Agreement and respective Call-Off Contract(s) shall be the property of <strong>UNOPS</strong>, shall be<br />

made available for use or inspection by <strong>UNOPS</strong> at reasonable times and in reasonable places, shall<br />

be treated as confidential and shall be delivered only to <strong>UNOPS</strong> authorized officials on completion<br />

of work under the Agreement and respective Call-Off Contract.<br />

4.4 Contractor’s Rights and Obligations<br />

The rights and obligations of the Contractor are strictly limited to the following terms and conditions:<br />

4.4.1 Contractors are specifically deployed in recognition of their skills and expertise, and to provide<br />

identified deliverables..<br />

4.4.2 Contractors as a rule have no authority or other rights under the Agreement and respective Call-Off<br />

Contract(s) to commit <strong>UNOPS</strong> to any legal or financial obligation, and no such authority or rights<br />

shall be granted to Contractors.<br />

4.4.3 Contractors who are required to use Atlas (<strong>UNOPS</strong> Enterprise Resource Planning System) in order<br />

to perform the functions specified in their “Contractor’s Terms of Reference” will be provided basic<br />

Atlas user rights and access.<br />

4.4.4 Services must be performed within the timeframe indicated in the respective Call-Off Contract, and<br />

shall not duplicate work already performed by other <strong>UNOPS</strong> personnel or units.<br />

4.4.5 Contractors cannot supervise <strong>UNOPS</strong> staff members appointed under the United Nations Staff<br />

Regulations and Rules or individuals engaged under <strong>UNOPS</strong> Individual Contractor Agreement<br />

Policy, but may supervise as many Consultant’s Contractors as required to perform their functions as<br />

specified in their “Contractor’s Terms of Reference”.<br />

4.4.6 Contractors are responsible for paying any tax on their <strong>UNOPS</strong> earnings levied by their government<br />

or other entities.<br />

4.4.7 Contractors may get a @unops.org email address and access to the <strong>UNOPS</strong> intranet unless they:<br />

(i) will work for <strong>UNOPS</strong> only for a very short time (e.g. less than one (1) month), or<br />

(ii) work in an environment with no access to IT equipment or internet access, and thus would be<br />

unable to use it.<br />

4.4.8 UN Security standards do not apply to Contractors, thus Contractors have no responsibility to abide<br />

by security policies, administrative instructions, directives, plans and procedures of the UN Security<br />

Management System and that of <strong>UNOPS</strong>. They must however exercise proper precautions and avoid<br />

taking unwarranted risks that jeopardize either their own safety and security or that of colleagues, as<br />

well as assets, property and information of <strong>UNOPS</strong>.<br />

4.4.9 Contractors are not obliged to follow UN declared movement restrictions or other confinements<br />

called for security purposes for the locality where their services are provided, unless deemed<br />

necessary by the Consultant or Contractor. If UN movement restrictions or other confinements are<br />

observed, no payment for Contractor’s services shall be made by <strong>UNOPS</strong> for such days.<br />

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