of the contract. This does not affect the legality, validity or enforceability of any other provisions of the contract, which continue in full force and effect. The illegal, invalid or unenforceable provision must be replaced by a legal, valid and enforceable substitute provision which corresponds as closely as possible with the actual intent of the parties under the illegal, invalid or unenforceable provision. The replacement of such a provision must be made in accordance with Article II.11. The contract must be interpreted as if it had contained the substitute provision as from its entry into force. 

## II.4. PERFORMANCE OF THE CONTRACT 

II.4.1 The contractor must provide services of high quality standards, in accordance with the state of the art in the industry and the provisions of this contract, in particular the tender specifications and the terms of its tender. Where the Agency has the right to make modifications to the results , they must be delivered in a format and with the necessary information which effectively allow such modifications to be made in a convenient manner. 

II.4.2  The contractor must comply with the minimum requirements provided for in the tender specifications. This includes compliance with applicable obligations under environmental, social and labour law established by Union law, national law and collective agreements or by the international environmental, social and labour law provisions listed in Annex X to Directive 2014/24/EU 7  and compliance with data protection obligations resulting from Regulation (EU) 2016/679 8  and Regulation (EU) 2018/1725 9 . 

II.4.3 The contractor must obtain any permit or licence required in the State where the services are to be provided. 

II.4.4  All periods specified in the contract are calculated in calendar days, unless otherwise specified. 

II.4.5 The contractor must not present itself as a representative of the contracting authority and must inform third parties that it is not part of the European public service. 

II.4.6 The contractor is responsible for the personnel  who carry out the services and exercises its authority over its personnel without interference by the contracting authority. The contractor must inform its  that: 

(a) they may not accept any direct instructions from the contracting authority; and 

(b) their participation in providing the services does not result in any employment or contractual relationship with the contracting authority. 

II.4.7 The contractor must ensure that the personnel performing the contract and any future replacement personnel  possess the professional qualifications and experience required to provide the services, as the case may be on the basis of the selection criteria set out in the tender specifications. 

II.4.8  At the contracting authority’s reasoned request, the contractor must replace any member of personnel  who: 

(a) does not have the expertise required to provide the services; or 

