EIB Strictly Confidential  Contract CC___/PO___  (ii)  Any clarifications requested by the Framework Member in relation to an Assignment Terms  of Reference shall be submitted in writing by email to the User by the deadline date indicated  in the Assignment Terms of Reference; (iii)  Proposals shall be in conformance with the fixed terms contained in the Tender, such as the  maximum prices/rates;  (iv)  The Framework Member shall submit its Proposal to the User in writing; (v)  Neither the User nor the Bank shall be responsible for any costs incurred by a Framework  Member in the preparation of a Proposal; (vi)  If the Framework Member does not submit a Proposal, or such Proposal is submitted after  the Closing Date, or such Proposal is not in compliance with the Assignment Terms of  Reference or is otherwise irregular or unacceptable to the User, or if the Framework Member  is in a situation of conflicting interests that may negatively affect the performance of the  Assignment, the User will send the same Assignment Terms of Reference to the Framework  Member who is next in ranking in the cascade; and  (vii)  The award process will terminate either with the award of the Assignment to one of the  Framework Members, or with the failure to award the Assignment to any Framework  Member. In the event of failure to award the Assignment, the User may redefine the  Assignment or restart the procedure at a later stage. 4.2  Assignments consisting in the repetition of trainings developed by a Framework Member pursuant  to the Agreement will be awarded by the User directly to the same Framework Member.  4.3  All Framework Members that have submitted a Proposal for an Assignment will be notified in  writing of the results of that award procedure.  4.4  The Contract will comprise the Agreement, the Contract provisions, the Assignment Terms of  Reference and the Proposal. In the event of any inconsistency, the following order of priority shall  apply: (1) the Contract provisions, (2) this Agreement, (3) the Assignment Terms of Reference  and (4) the Proposal.  4.5  Unless otherwise instructed by the User, within 5 (five) working days of receiving from the Bank  the execution copies of the Contract, the selected Framework Member shall return the two  originals, duly signed and dated.  4.6  If awarded the Assignment, the Service Provider shall at all times perform the Assignment with  all reasonable care and skill and shall conform in all respects with the terms and conditions of  this Agreement and of the Contract. 4.7  The Assignment will be carried out by the Service Provider acting jointly with and under the  supervision of experienced staff of the User.  4.8  The Service Provider shall ensure that all persons appointed to the performance of a Contract  have all equipment, materials and other things whatsoever required for the provision of the  Services. Any equipment or materials made available by a User during a Contract shall be without  prejudice to the Service Provider’s obligations under this Article and do not imply any obligation  whatsoever on the part of the User.  4.9  The performance of the Service Provider and its staff will be monitored by the User throughout  the Assignment. All deliverables under a Contract are subject to the User’s review and approval.  The Service Provider must review all deliverables prior to delivery to the User for approval to  ensure that they are complete, accurate and up-to-date. 4.10 If so instructed by the User in writing, an Assignment Completion Report shall be submitted to  the User by the Service Provider upon completion of the Assignment. In addition, at the end of  the Assignment, the Service Provider shall provide to the User its working papers documenting  in detail the work done during the Assignment. These working papers shall become the property  of the User. Final payment will be withheld until the Assignment Completion Report has been  approved by the User.  4.11 Where performance of a Contract has not commenced within 10 (ten) days of the scheduled start  date, the User may consider this event a material breach of the purposes of point (a) of Article  18.3 of Appendix B.  5 