“Customer Representative” shall mean the representative of the Customer identified as
such on the Order.
“Default” shall mean any breach by Cadent of its obligations under this Agreement, any
default, act, omission, negligence or statement by Cadent, its employees, agents or sub-
contractors arising out of or in connection with this Agreement and in respect of which
Cadent may be legally liable to the Customer.
“Deliverables” the deliverables (if any) set out in the Order, which, in respect of the
Detailed Analysis Study Report Application Form, includes the Detailed Analysis Study
“Detailed Analysis Study” or “DAS” shall mean the work undertaken by Cadent to prepare
a Report pursuant to this Agreement.
“Detailed Analysis Study Report” or “Report” shall mean the Report issued by Cadent as a
product of the Detailed Analysis Study.
“Detailed Analysis Study Report Application Form” or “Form” shall mean the document
entitled Detailed Analysis Study Report Application Form as supplied by Cadent to the
“Dispute” shall mean any significant difference of view which has not or cannot be resolved
by discussion between the Parties relating to the interpretation of the Agreement.
“Due Date” shall mean as defined in Condition 5.5
“Insolvency Event” shall mean any step taken under the Insolvency Act 1986 or under any
other legislation, or the Party's own constitution, or any agreement that is entered into with
any creditor which indicates a likelihood of that Party's insolvency, including: (i) in respect
of administration, that that Party takes any step or any other person takes any step or action
in connection with the appointment of an administrator in respect of it; and (ii) in respect of a
voluntary arrangement, that Party proposes a company voluntary arrangement.
“Intellectual Property Rights” all intellectual and industrial property rights of any kind
whatsoever including patents, supplementary protection certificates, rights in know-how,
registered trademarks, registered designs, models, unregistered design rights, unregistered
trademarks, rights to prevent passing off or unfair competition and copyright (whether in
drawings, plans, specifications, designs and computer software or otherwise), database
rights, topography rights, any rights in any invention, discovery or process, and applications
for and rights to apply for any of the foregoing, in each case in the United Kingdom and all
other countries in the world and together with all renewals, extensions, continuations,
divisions, reissues, re-examinations and substitutions;
“Order” the Customer’s order for the supply of goods and services by Cadent, which must
be completed and signed by the Customer and set out in the form of the Detailed Analysis
Study Report Application Form;
“Order Acknowledgement” Cadent’s written acceptance of an Order, including by way of
signature on the Order.
“Party” shall mean either Cadent or the Customer.
“Payment Date” shall mean as defined in Condition 5.1.