Contractor agreements

As with most of a company s information where proprietary, trade secrets, or a facilities security may be involved, process hazard analysis reports may be considered confidential information. Release outside the company should be discussed with the legal staff or by the contractor agreements made with outside personnel participating in the study. A suitable distinction should be applied to the cover of any review produced documents whenever the confidentiality requirement is required. 

The Independent Contractor Agreement. Under this type of contract, the contractor is engaged to act as an independent entity, fully responsible for all actions taken during the execution of the work until acceptance by the Owner. 

The Center for Offshore Safety (COS) has provided three SEMS Operator-Contractor Agreement Letter Templates. Each template has a different focus, but they all provide a structure for an agreement between an operator and a contractor. An extract from the second of the three templates is provided in Table 6.8 below. 

While tax and royalty fiscal systems are common, another prevalent form of fiscal system is the Production Sharing Contract, in which the investor (e.g. oil company) enters into an agreement with the host government to explore and potentially appraise and develop an area. The investor is a contractor to the host government, who retains the title of any produced hydrocarbons. 

Production levels will be influenced by external factors such as agreed production targets, market demand, the level of market demand for a particular product, agreements with contractors, and legislation. These factors are managed by planning of production rates and management of the production operation. 

Seller is an independent contractor, with all the attendant rights and liabilities, and not an agent or employee of [insert company name]. Any provision in this Agreement, or any action by [insert company name], which may appear to give [insert company name] the right to direct or control Seller in providing Prodnct means Seller will follow the desires of [insert company name] in resnlts only. 

Does contractor maintain an insurance policy of the type and minimum amount as specified m the contracted agreement (Please attach a copy of current insurance certificate.) ... 

Model Curriculum for Training Asbestos Abatement Contractors and Supervisors. Safety Health and Ergonomics Branch Electro-Optics, Environment, and Materials Laboratory, U.S. Environmental Protection Agency Cooperative Agreement No. CX 820760-010-0, pp. X-6, X-7, X-8. 

Purchasing will execute all work agreements. Purchasing will also obtain the financial background or credit reports of unknown contrac-tors/subcontractors and perform reviews of contractors/subcontractors from time to time. 

A copy of the prequalification letter request The completed Contractor Prequalification Form The executed work agreement... 

The correct selection of the form of contract to be used when inviting proposals is of paramount importance, as it constitutes the signed agreement between the employer and the contractor and forms part of the conditions of contract. 

A nominated subcontractor has no contractual relationship with the client, but the case of Junior Books V. Veitchi (1982) placed an almost contractual duty upon the nominated sub-contractor. Where a separate agreement has been signed between the client and nominated sub-contractor then a direct contractual relationship applies. Problems can arise where a main contractor says that his nominated sub-contractor or supplier is delaying him. 

The value of having one contractor to control the progress of the work can be seen where there are several contractors on a site at different periods. Progress can suddenly come to a halt if a key contractor does not comply with an agreement. For example, if the electrical sub-contractor does not provide a temporary electrical supply, there may be no light and power, causing other contractors to be delayed. 

The expression non-liquidated damage means actual losses, which are incurred by a client, and could be claimed in the absence of an agreement to a specific amount in the contract. Loss and/or expense can be suffered by a contractor due to other parties who caused him to be delayed. These sums per week are invariably far in excess of any liquidated damages amount set in the contract. 

Errors may come to light during this work and be possible to correct. If not, the acceptance or otherwise will be matter for negotiation between contractor and customer. If no agreement can be reached, it may be necessary to refer the commissioning procedure to arbitration. 

Painting is generally performed by a contractor on a bid basis. Unless another agreement is made, a contractor will furnish the lowest priced paint that will do an acceptable job, even though it may have inferior durability. To avoid this, the contract should be very specific with regard to the type of paint to be used. It may even specify a certain brand. 

Computers began to be deployed at pharmaceutical companies as early as the 1940s. These early computers were usually for the payroll and for accounting, not for science. Pharmaceutical scientists did eventually gain access to computers, if not in the company itself, then through contractual agreements with nearby educational institutions or other contractors. 

The trade secrets section of the PSM standard ensures that all contractors are given all the information relevant to operating in the plant safely. Some personnel may need to sign secrecy agreements before they receive this information. 

This applies to contract personnel as well as employees. How to communicate chemical reactivity hazards is not a trivial matter, especially when contractors are involved. Confidentiality agreements may need to be put into place, and issues may need to be addressed on a case by case basis. Communication with contract personnel and broader outsourced manufacturing issues are addressed by Early (1996) and CCPS (2000). 

This section defines the analytical considerations that must be addressed by both the customer and contractor before the exercise commences. Not all aspects may be relevant for all surveys, but each should be considered for relevancy. Agreement will signify a considerable understanding of both the analytical quality required and the significance of the results... 

Obtaining agreements with emergency response teams and contractors, and local boards of health and... 

Neither Party may assign its rights imder this Agreement or any part thereof without the prior written consent of the other Party and neither Party may sub-contract the performance of all or any of its obligations under this Agreement without the prior written consent of the other Party. Any party who so sub-contracts shall be responsible for the acts and omissions of its sub-contractors as though they were its own. 

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