ORDER OF THE CHAIRMAN OF THE AGENCY ON PROTECTION AND DEVELOPMENT OF THE COMPETITION OF THE REPUBLIC OF KAZAKHSTAN

of April 4, 2022 No. 6

About approval of standard form of the contract between the authorized representative and the subject of the market

According to Item 3 of article 210-1 of the Entrepreneurial code of the Republic of Kazakhstan PRIKAZYVAYU:

1. Approve the enclosed standard form of the contract between the authorized representative and the subject of the market.

2. In the procedure established by the legislation of the Republic of Kazakhstan to provide to department of economic concentration and control of the state companies of the Agency on protection and development of the competition of the Republic of Kazakhstan (further – the Agency):

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Agency after its official publication.

3. To impose control of execution of this order on the supervising vice-chairman of the Agency.

4. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Chairman of the Agency on protection and development of the competition of the Republic of Kazakhstan of April 4, 2022 No. 6

Form

Standard form of the contract between the authorized representative and subject of the market

_____________, hereinafter referred to as "Authorized representative", on the one hand and _____________, on behalf of ______________________, acting on the basis of the _________________, hereinafter referred to as "Customer", on the other hand, further jointly referred to as "Parties", and separately – "Party", based on article 210-1 of the Entrepreneurial code of the Republic of Kazakhstan (further – the Code) signed this agreement on carrying out expert evaluation to accomplishment by the Customer of economic, behavioural, organizational, structural and other requirements and obligations (further – the Agreement) and came to the agreement as follows:

1. Subject of the agreement

1.1. The customer charges to the Authorized representative rendering services in carrying out expert evaluation of accomplishment by the Customer of economic, behavioural, organizational, structural and other requirements and obligations, the stipulated in Article 210-1 Code (further – Service), and the Authorized representative shall render Services, on the conditions stipulated by this Agreement.

1.2. Terms, amounts, the place of rendering Services are determined by this Agreement.

2. Rights and obligations of the Parties

2.1. The authorized representative has the right:

2.1.1. Get access to electronic and paper documents, the automated databases (information systems), electronic and other data carriers of the Customer which are necessary for rendering the services by the Authorized representative, including the data constituting confidential information and (or) trade secret on condition of provision of the commitment letter about nondisclosure of the data which are the secret protected by the law.

2.1.2. Refuse submission of the expert opinion on the questions which are going beyond its special knowledge and also if the materials and data provided to it are insufficient for submission of the expert opinion.

2.1.3. Request the documents necessary for rendering Services from competent authorities and the organizations.

2.2. The authorized representative shall:

2.2.1. Carry out all stipulated types of service in the time determined by the Customer, in accordance with the established procedure and properly.

2.2.2. Within 15 (fifteen) calendar days from the moment of emergence of force majeure circumstance to notify the Customer on approach of similar circumstances in writing.

2.2.3. Quarterly, no later than the tenth following reporting quarter to send to antimonopoly authority the interim statement on the course of accomplishment by the Customer of the requirements and obligations provided by the decision of antimonopoly authority on consent to economic concentration.

2.2.4. Within 3 (three) calendar days from the date of signing to send to antimonopoly authority expert evaluation about accomplishment by the Customer of the requirements and obligations provided by the decision of antimonopoly authority on consent to economic concentration.

2.2.5. Provide necessary information on request of antimonopoly authority within five working days from the date of receipt of the corresponding request.

2.2.6. Observe confidentiality of information, component the commercial, office and protected by the law other secret.

2.2.7. Be independent in relation to participants of economic concentration.

2.2.8. Refuse to the Customer rendering Services in case of availability of the circumstances contradicting requirements of item 4 of article 210-1 of the Code.

2.3. The customer has the right:

2.3.1. Control terms and the course of rendering Service by the Authorized representative, and also their quality.

2.3.2. Get acquainted with results of the rendered Service.

2.4. The customer shall:

2.4.1. Provide to the Authorized representative access to electronic and paper documents, the automated databases (information systems), electronic and other data carriers of the Customer which are necessary for realization by the Authorized representative of the functions, including the data constituting confidential information and (or) trade secret on condition of provision by the Authorized representative of the commitment letter about nondisclosure of the data which are the secret protected by the law.

2.4.2. Pay the rendered Services to the Authorized representative for the act of the performed works in accordance with the terms hereof.

3. Cost of services and payment procedure

3.1. The cost of services under this agreement constitutes ____________ tenge, including the VAT.

3.2. Date of completion of rendering Service is signature date the parties of the act of the rendered services.

3.3. The customer pays rendered according to the Agreement by the Authorized representative Uslugi to the 10th following after month of signing by the Customer of acts of the rendered services.

3.4. Payment is performed by transfer by the Customer of funds for the bank account of the Authorized representative specified in this Agreement.

4. Procedure for confirmation of rendering services

4.1. For the purpose of confirmation of proper rendering Services, the Parties sign the act of the rendered services.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info