RTMC Model Conditions of Contract - Highways Agency

Regional Technology Maintenance ContractConditions of Contract• obligations substantially similar to those in clauses Z2 and Z6,• an obligation on the Subcontractor to ensure that title inEquipment and Materials passes to the Contractor not later thanwhen the Contractor pays the Subcontractor for them,• a term requiring (at the Employer’s option) the novation of thesubcontract to the Employer or an Incoming Contractor followingthe termination of this contract,• a statement that the parties to the subcontract shall act in a spiritof mutual trust and co-operation,• an obligation on the Subcontractor to achieve continualimprovement in the delivery of the subcontracted part of theservice and as a minimum to support the Contractor in deliveringhis obligations,• an obligation on the Subcontractor to review its Processes,Procedures and Materials selected by the Subcontractor forincorporation into the service to identify potential improvements tothe Contractor such that the Contractor can meet its obligationsunder clause Z26.1Z10.3 The Contractor, upon request from the Service Manager, provides to theService Manager and Employer details of the date of every invoice fromeach Subcontractor and the date upon which the amount due in respectof each such invoice was paid to the Subcontractor.Z10.4 The Service Manager may, having stated his reasons, instruct theContractor to remove a Subcontractor. The Contractor then arrangesthe removal of the Subcontractor and the appointment of a replacementin accordance with this contract..Z10.5 The Contractor does not subcontract to an Associated Company withoutthe agreement of the Employer.Clause Z11 Data protection [Note to Compiler – Delete this note and this clause Z11and replace with “ Z11 - Not Used if not required. Delete this note ifrequired]Z11.1 (1) The Data Protection Acts are the Data Protection Act 1998 (asamended) and any other laws or regulations relating to privacy orpersonal data.(2) Personal Data is information collected by the Contractor on behalf ofthe Employer in relation to this contract, which relates to livingindividuals who can be identified• from that information or• from that information combined with other details in (or likely tocome into) the possession of the Employer.Z11.2 For the purposes of this contract and the Data Protection Acts• the Employer is the Data Controller and• the Contractor is the Data Processor.Z11.3 The Contractor processes the Personal Data in accordance with (and soas not to put the Employer in breach of) the Data Protection Acts andonly to the extent necessary for the purpose of performing its obligationsRTMC CoC, Issue 1, Rev 0 July 2011