What Is An Fm Agreement

The affiliate. „affiliated“: any entity controlled by a contracting party or under common control, but only as long as that control continues, the term „control“ means: (i) ownership of at least fifty percent (50%) the equity or economic shares of that organization or the right to vote or appoint a majority to the board of directors or any other governing body of that entity; or (ii) the power to direct or exercise, directly or indirectly, the direction and policy of this company. 13.1 Subcontractors. Any subcontracting related to this agreement is made pursuant to a written agreement (a „subcontract“) between the supplier and such a subcontractor (a „subcontractor“ at a time) and contains provisions that meet or exceed the requirements of this agreement and are relevant to the services under this subcontract. The supplier cannot enter into a major subcontracting, except in accordance with section 13.8 below. In addition, the supplier must obtain prior written approval from the entity so as not to be withholding or unjustifiably delayed when the supplier plans to run itself or when the supplier`s affiliate performs one of the services, including and without restriction, provided by subcontractors or third-party suppliers. Each subcontractor identifies the company as an intentional third-party beneficiary capable of ensuring confidentiality, warranty and similar rights under this subcontract. Each subcontractor requires the subcontractor to correct, at no cost to the company, the delivery of this subcontractor that does not meet the requirements of the subcontractor. All subcontractors must not exceed the period for which the company`s services must be provided and may be terminated for no reason, if the supplier is selected after 90 (90) 28.2. „force majeure event“: an event, event or circumstance that has a direct effect on business establishments; (b) has a direct impact on the performance of the obligations that the contracting party must meet for the company`s facilities; and (c) is caused directly or indirectly by the acts of God, war, unrest, terrorism, embargoes, strikes and boycotts at the industry level, acts of public enemies, acts of military authority, earthquakes, fires or floods; provided that (i) this part is the cause of such a delay without fault or negligence; (ii) such a delay could not have been avoided by appropriate precautionary measures on the part of that party, including the use of alternative sources or circumvention plans; (iii) this party makes economic efforts to resume the performance of these obligations whenever possible and to the extent possible after the force majeure event; and (iv) this party promptly notifies the other party of the most appropriate method (to be confirmed in writing) and appropriately describes the circumstances of the delay.