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Draft Contract GSA-OP-06-07 - European GNSS Agency

Draft Contract GSA-OP-06-07 - European GNSS Agency

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II – GENERAL CONDITIONSARTICLE II.1 – PERFORMANCE OF THE CONTRACTII.1.1.The <strong>Contract</strong>or shall perform the <strong>Contract</strong> to the highest professional standards.The <strong>Contract</strong>or shall have sole responsibility for complying with any legalobligations incumbent on him, notably those resulting from employment, tax andsocial legislation.II.1.2.The <strong>Contract</strong>or shall have sole responsibility for taking the necessary steps toobtain any permit or licence required for performance of the <strong>Contract</strong> under thelaws and regulations in force at the place where the tasks assigned to him are tobe executed.II.1.3.Without prejudice to Article II.3 any reference made to the <strong>Contract</strong>or’s staff inthe <strong>Contract</strong> shall relate exclusively to individuals involved in the performance ofthe <strong>Contract</strong>.II.1.4.The <strong>Contract</strong>or must ensure that any staff performing the <strong>Contract</strong> has theprofessional qualifications and experience required for the execution of the tasksassigned to him.II.1.5.The <strong>Contract</strong>or shall neither represent <strong>GSA</strong> nor behave in any way that would givesuch an impression. The <strong>Contract</strong>or shall inform third parties that he does notbelong to the <strong>European</strong> public service.II.1.6.The <strong>Contract</strong>or shall have sole responsibility for the staff who executes the tasksassigned to him.The <strong>Contract</strong>or shall make provision for the following employment or servicerelationships with his staff:- staff executing the tasks assigned to the <strong>Contract</strong>or may not be givenorders direct by <strong>GSA</strong>;- <strong>GSA</strong> may not under any circumstances be considered to be the staff'semployer and the said staff shall undertake not to invoke in respect of <strong>GSA</strong>any right arising from the contractual relationship between <strong>GSA</strong> and the<strong>Contract</strong>or.II.1.7.In the event of disruption resulting from the action of a member of the<strong>Contract</strong>or's staff working on Commission premises or in the event of theexpertise of a member of the <strong>Contract</strong>or's staff failing to correspond to the profilerequired by the <strong>Contract</strong>, the <strong>Contract</strong>or shall replace him without delay. <strong>GSA</strong>shall have the right to request the replacement of any such member of staff,stating its reasons for so doing. Replacement staff must have the necessaryqualifications and be capable of performing the <strong>Contract</strong> under the samecontractual conditions. The <strong>Contract</strong>or shall be responsible for any delay in theexecution of the tasks assigned to him resulting from the replacement of staff inaccordance with this Article.II.1.8.Should any unforeseen event, action or omission directly or indirectly hamperexecution of the tasks, either partially or totally, the <strong>Contract</strong>or shall immediatelyand on his own initiative record it and report it to <strong>GSA</strong>. The report shall include adescription of the problem and an indication of the date on which it started and ofthe remedial action taken by the <strong>Contract</strong>or to ensure full compliance with his7

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