Stage and Screen Tender - Bournemouth

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18. Conflict of Interestunder its control or in the possession or under the control of anyStaff.18.1 The Supplier shall use its best endeavours to avoid being engaged in anyactivity where there is, or is likely to be, an actual or reasonably perceivableconflict with the interests, aims or objectives of the Council further to thisContract.18.2 The Supplier shall as soon as practicably possible disclose to the Council anysuch potential conflict and shall comply with any reasonable measuresrequired by the Council to mitigate such conflict.18.3 The Council agrees that this shall not restrict the Supplier from beinginvolved in other activities and holding other interests.19. Publicity and AdvertisingThe Supplier shall respond to press enquiries relating to the Services andshall refer all enquiries to the Council Representative.20. Service of Notices20.1 Any demand, notice or other communication required to be given hereundershall be sufficiently served if served personally on the addressee or if sent byprepaid first class recorded delivery post or facsimile transmission to theregistered office or last known address of the Supplier:where notice is required to the Supplier;and to Bournemouth Borough Council:Helen WildmanEvents ManagerVIB, Westover RoadBournemouthBH1 2BUTel: 01202 451702helen.wildman@bournemouth.gov.ukwhere notice is required to the Council unless otherwise agreed.20.2 Any such communication as referred to in Condition 20.1 shall be deemed tohave been made two Working Days from the date of posting (if by letter) andif by facsimile transmission on the date of such transmission where it is aWorking Day save that transmissions received after 4 p.m. shall be deemedto have arrived on the following Working Day and transmissions received on aday which is not a Working Day on the first Working Day after thetransmission.21. Force Majeure34
Neither the Supplier nor the Council shall be liable for breach of itsobligations under the Contract to the extent that such breach is caused byany act of God, natural flood, fire (save where such fire is due to thenegligence or fault of the Supplier or the Council), lightning or earthquake,war, military operations, act of terrorism or riot, but nonetheless each partyshall use all reasonable endeavours to perform its obligations under theContract.22. SeveranceIf any of these Conditions shall become or shall be declared by a court ofcompetent jurisdiction to be invalid or unenforceable, such invalidity orunenforceability shall in no way impair or affect any other provisions all ofwhich shall remain in full force and effect.23. The Contracts (Rights of Third Parties) Act 1999The Contracts (Rights of Third Parties) Act 1999 shall not apply to theContract, but this does not affect any rights which are available apart fromthis Act.24. Waiver24.1 The failure of the Council or the Supplier to exercise any right or remedyshall not constitute a waiver of that right or remedy.24.2 No waiver shall be effective unless it is communicated to either the Councilor the Supplier in writing.24.3 A waiver of any right or remedy arising from a breach of Contract shall notconstitute a waiver of any right or remedy arising from any other breach ofthe Contract.25. Disputes and Arbitration25.1 A dispute relating to the provision of the Services, the Contract Price, orpayments which cannot be resolved in the first instance between theSupplier’s Representative and the Council’s Representative within a monthshall be referred to the persons specified in the Particulars.25.2 Nothing in this Condition shall prejudice the right of either party to apply tothe court for interim relief to prevent the violation by the other party of anyproprietary interest or any breach of that party’s obligations.25.3 Services to be provided under the Contract shall not cease or be delayed bythis dispute resolution procedure.25.4 If any dispute cannot be resolved between the Supplier and the Councilwithin a month of referral as set out in Condition 25.1 then at the instanceof the Supplier or the Council it will be referred to mediation in accordancewith the Centre for Effective Dispute Resolution’s (“CEDR”) Model MediationProcedure.35
Page 1: TENDER FOR THE PROVISIONOF STAGE, S
Page 6 and 7: 8. EVALUATION AND ACCEPTANCE8.1 The
Page 8 and 9: SECTION 2FORM OF TENDER8
Page 10 and 11: Signature (1): ....................
Page 12 and 13: EVENT INFORMATIONThe new Pier Appro
Page 14 and 15: TENDER FOR THE PROVISION OF STAGE,
Page 16 and 17: ask to look at a variety of themes/
Page 18 and 19: SECTION 5COLLUSIVE TENDER CERTIFICA
Page 20 and 21: Name of the Tenderer or Firm or Com
Page 22 and 23: CONTRACT FORMTHIS CONTRACT is made
Page 24 and 25: PARTICULARS1. Commencement Date is
Page 26 and 27: CONDITIONS OF CONTRACT1. Definition
Page 28 and 29: 3. Payment3.1 In consideration of t
Page 30 and 31: 8.4 The Supplier shall immediately
Page 32 and 33: 16.2 If the Supplier:any offence un
Page 36 and 37: 25.5 To initiate the mediation, eit
Page 38 and 39: The technical management of the sou
Page 40 and 41: SCHEDULE 2Finance ScheduleContract
Page 43 and 44: Appendix BTender Scoring MatrixTend
Page 45 and 46: Position:Telephone number:Fax numbe
Page 47 and 48: 3.3 The Council will require as par
Page 49 and 50: 4 DETAILS OF HOLDING/PARENT COMPANY
Page 51 and 52: 7.3 How does your organisation ensu
Page 53 and 54: 9.3 What do you consider to be the
Page 55 and 56: 10 WORKFORCE MATTERS10.6 Do you obs
Page 57 and 58: ProfessionalIndemnity £2million co
Page 59 and 60: 13 ENVIRONMENTAL PERFORMANCE13.1 Pl
Page 61: 15 DECLARATION15.1 I declare that t

Stage and Screen Tender - Bournemouth

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