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<br />ServicePlus Support Services Agreement <br /> iii <br />h) be an independent Contractor and not be the servant, employee or agent of CLIENT <br />i) ensure that all persons employed by it in connection with the provision of the Services are competent <br />to perform them, adequately trained, fully instructed and supervised; <br />j) ensure that all personnel hired by the VENDOR to provide the Services will be the employees or <br />subcontractors of the VENDOR and not of CLIENT. <br /> Client’s Obligations <br />2. CLIENT will: <br />a) make available to the VENDOR all available information considered by CLIENT to be pertinent to the <br />Services; <br />b) make available to the VENDOR such staff and subject matter experts for consultation as required to <br />ensure the VENDOR can meet their obligation to the CLIENT; <br />c) ensure that the Client Point-of-Contact is available to review and approve the completion of incident <br />resolution in a timely manner; <br />d) ensure that the Client Contract Manager is available to approve such Service Requests as may be <br />necessary for the VENDOR to fulfill its obligations under the contract; <br />e) ensure that staff are available to review and approve Service Requests in a timely manner; <br /> Contract Price and Payment Terms <br />3. Contract Price and Payment Terms <br />a) Subject to the terms of this agreement the VENDOR will invoice the CLIENT for approved services as <br />outlined in Schedule “A”. Fees will be calculated on the “Additional Hourly Service Request rate” on an <br />hourly basis as outlined in Schedule “A”; <br />b) The VENDOR will submit written statements of account to CLIENT commencing no sooner than the <br />date set out in Schedule “A” as the “Billing Date” and thereafter as Specified in Schedule “A”; <br />c) All pricing is in the currency of the CLIENT; <br />d) Preapproved expenses for travel and living if required will be invoiced at cost; <br />e) All invoices are payable net 45 days. <br /> Termination <br />4. In the event of a substantial failure of a party to comply with the provisions of this agreement, it may be <br />terminated by the other party on thirty (30) days written notice. <br />5. CLIENT may, in its sole discretion, terminate this agreement on 30 days written notice and the payment <br />of funds required to be made pursuant to Section 8, will discharge CLIENT of all its liability to the <br />VENDOR under this agreement. <br />6. Where this agreement is terminated before 100% completion of the Services, CLIENT will, subject to <br />Section 7, pay to the VENDOR that portion of the Contract Price which is equal to the portion of the <br />Services completed.