9.4
The Client and the Consultant shall not infringe the Intellectual Property Rights of any third party during the term of this Agreement.
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TERMINATIONS
10.1 The Agreement shall continue until the Services have been provided in terms of the Proposal ( NJS/LSM_0068 ) or any subsequent date as mutually agreed in writing by both parties or until terminated by either party in accordance with these Terms and Conditions. 10.2 The Client may terminate the Agreement if the Consultant fails to comply with any aspect of these Terms and Conditions and this failure continues for a period of 2 weeks after notification of non-compliance is given.
10.3 The Consultant may terminate the Agreement if the Client has failed to make over any payment due within 4 weeks of the sum being requested.
10.4
Either party may terminate the Agreement by notice in writing to the other if:
10.4.1 the other party commits a material breach of these Terms and Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
10.4.2 the other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances; or
10.4.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent authority makes an order to that effect; or
10.4.4 the other party ceases to carry on its business or substantially the whole of its business; or
10.4.5 the other party is declared insolvent or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
10.5 In the event of termination the Client must make payment to the Consultant any payment for work done and expenses incurred up to the date of termination.
10.6 Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.
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ARBITRATIONS
11.1
Any dispute arising under this Agreement will be referred to and decided by the Arbitrator.
11.2
The Arbitrator will be appointed by application to TBC at point of such occurrence .
11.3 A party wishing to refer a dispute to the Arbitrator shall advise the other party of this intention in writing at any time during the term of this Agreement. The dispute must then be referred to the Arbitrator within seven (7) days of this intention being intimated. 11.4 The Arbitrator shall act impartially and be free to take the initiative in ascertaining the facts and the law. The Arbitrator must reach a decision within twenty-eight (28) days of referral or such longer period as the parties may agree.
11.5 During the period of arbitration both parties must continue with their obligations as stated in this Agreement.
11.6 The decision of the Arbitrator is binding on both parties unless and until revised by legal proceedings or agreement by both parties.
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Nicholas James Health & Safety Solutions Ltd www.nicholasjamessafety.com
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