ARCHIVED General Conditions - Medium Form

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9601-10       00     (2004-12-10)  General Conditions - Medium Form

Public Works and Government Services Canada

01     Interpretation
02     Status of the Contractor
03     Amendments and Waivers
04     Conduct of the Work
05     Compliance with Applicable Laws
06     Assignment
07     Time of the Essence
08     Excusable Delay
09     Payment
10     Interest on Overdue Accounts
11     Changes in Taxes and Duties
12     Title
13     Warranty
14     Indemnity Against Third-Party Claims
15     Royalties and Infringement
16     Copyright
17     Default by the Contractor
18     Termination for Convenience
19     Members of the House of Commons
20     Conflict of Interest
21     No Bribe
22     Severability
23     Entire Agreement
24     Certification - Contingency Fees


9601-10       01     (2004-05-14)  Interpretation

1.     In the Contract, unless the context otherwise requires,

       "Canada", "Crown", "Her Majesty" or "the Government" means Her 
       Majesty the Queen in right of Canada; 

       "Contract" means the written agreement between the Parties, these 
       general conditions, any supplemental general conditions specified in 
       the written agreement, and every other document specified or 
       referred to in any of them as forming part of the Contract, all as 
       amended by agreement of the Parties from time to time;

       "Contractor" means the person or entity whose name appears on the 
       signature page of the written agreement and who is to supply goods 
       or services to Canada under the Contract;

       "Contract Price" means the amount expressed in the Contract to be 
       payable to the Contractor for the Work;

       "Cost" means cost determined in accordance with Contract Cost 
       Principles 1031-2 as revised to the date of the bid solicitation; 
       "Minister" means the Minister of Public Works and Government 
       Services and any other person duly authorized to act on behalf of 
       that Minister;

       "Moral Rights" has the same meaning as in the Copyright Act, R.S.C. 
       1985, c. C-42.

       "Party" means Canada or the Contractor or any other signatory to the 
       Contract and "Parties" means all of them;

       "Royalties" includes

       (a)    license fees and all other payments analogous to royalties 
              for, and also claims for damages based upon, the use or 
              infringement of any patent, registered industrial design, 
              trade mark, copyrighted work, trade secret, or other 
              intellectual property right, and

       (b)    any costs or expenses incurred as a result of the exercise by 
              any person of Moral Rights.

       "Specifications" means the functional or technical description of 
       the Work set out or referred to in the Contract, including drawings, 
       samples and models, and further includes, except to the extent 
       inconsistent with anything set out or referred to in the Contract, 
       any such description set out or referred to in any brochure, product 
       literature or other documentation furnished by the Contractor in 
       relation to the Work or any part thereof;

       "Subcontract" includes a Contract let by any subcontractor at any 
       tier for the performance or supply of a part of the Work, and the 
       derivatives of the Work shall be construed accordingly;

       "Work" means the whole of the activities, services, materials, 
       equipment, software, matters and things required to be done, 
       furnished or performed by the Contractor in accordance with the 
       terms of the Contract.

2.     The headings used in these general conditions are inserted for 
       convenience of reference only and shall not affect their 
       interpretation.

3.     If the Contract is a defence contract within the meaning of the 
       Defence Production Act, R.S.C. 1985, c. D-1, it is subject to that 
       Act and shall be governed accordingly.

4.     In the Contract, words importing the singular number include the 
       plural and vice versa, and words importing the masculine gender 
       include the feminine gender and the neuter. 

9601-10       02     (2004-05-14)  Status of the Contractor
 
1.     The Contractor is engaged as an independent Contractor for the sole 
       purpose of performing the Work.  Neither the Contractor nor any of 
       its personnel is engaged as an employee, servant or agent of Canada.

2.     Without restricting the terms and conditions of the Contract, and 
       particularly section 14 of these general conditions, it is hereby 
       understood and agreed that, except to the extent caused by or due to 
       Canada, Canada shall not be liable for any losses, claims, damages, 
       or expenses relating to any injury, disease, illness, disability or 
       death of the Contractor or any employee, agent or representative of 
       the Contractor caused or alleged to be caused as a result of 
       performing the Contract.  The Contractor agrees to fully protect and 
       indemnify Canada and not to make any claims or demands against 
       Canada in respect of any of the foregoing contingencies.

9601-10       03     (1992-12-01)  Amendments and Waivers

No amendment to the Contract shall be effective unless it is incorporated 
into the Contract by written amendment executed by the authorized 
representatives of the Minister and of the Contractor.  No waiver shall be 
valid, binding or affect the rights of the Parties unless it is made in 
writing by, in the case of a waiver by Canada, the authorized 
representative of Canada and, in the case of a waiver by the Contractor, 
the authorized representative of the Contractor.  The waiver by a Party of 
a breach of any term or condition of the Contract shall not prevent the 
enforcement of that term or condition by that Party in the case of a 
subsequent breach, and shall not be deemed or construed a waiver of any 
subsequent breach.

9601-10       04     (2004-12-10)  Conduct of the Work

1.     The Contractor represents and warrants that:

       (a)    it is competent to perform the Work; and

       (b)    it has the necessary qualifications, including knowledge and 
              skill, to perform the Work, together with the ability to use 
              those qualifications effectively for that purpose.

2.     The Contractor shall supply everything necessary for the performance 
       of the Work.

3.     The Contractor shall:

       (a)    carry out the Work in a diligent and efficient manner;

       (b)    ensure that the Work:

              (i)    is of proper quality, material and workmanship;

              (ii)   is in full conformity with the Specifications; and 
              (iii)  meets all other requirements of the Contract.

9601-10       05     (1992-12-01)  Compliance with Applicable Laws

The Contractor shall comply with all laws applicable to the performance of 
the Work.

9601-10       06     (1992-12-01)  Assignment

1.     The Contract shall not be assigned, in whole or in part, by the 
       Contractor without the prior consent in writing of the Minister and 
       any purported assignment made without that consent is void and of no 
       effect.

2.     No assignment of the Contract shall relieve the Contractor from any 
       obligation under the Contract or impose any liability upon Canada or 
       the Minister, unless otherwise agreed to in writing by the Minister.

9601-10       07     (1992-12-01)  Time of the Essence

Time is of the essence of the Contract.

9601-10       08     (1992-12-01)  Excusable Delay

In the event of any delay in performance of the Work due to force majeure, 
the time for performance shall be extended for a period equivalent to the 
time lost by reason of the force majeure, provided, however, that the 
Contractor has advised the Minister of the event of force majeure as soon 
as the Contractor has become aware of it, and provided further that, in the 
event that the period of force majeure exceeds thirty (30) days, the 
Minister may, by giving written notice to the Contractor, terminate the 
Contract, at no cost to Canada, as regards all or any part of the Work not 
completed.  If a termination notice is given pursuant to this section, and 
if Canada has paid in advance for all or any part of the terminated work, 
such advance shall be refunded to the Minister upon written demand therefor. 
In this section, "force majeure" means fire, flood, riots, acts of the 
enemy, acts of God, government action or any other cause reasonably beyond 
the control of the Contractor.

9601-10       09     (1992-12-01)  Payment

1.     Notwithstanding any other provision of the Contract, no payment 
       shall be made to the Contractor unless and until:

       (a)    an invoice, inspection notes, certificates and any other 
              documents required by the Contract have been submitted in 
              accordance with the terms of the Contract and the 
              instructions of the Minister;

       (b)    all such documents have been verified by the Minister;
 
       (c)    with respect to all parts of the Work in respect of which 
              payment is claimed, the Contractor, where required to do so, 
              establishes to the satisfaction of the Minister that such 
              parts of the Work will be free from all claims, liens, 
              attachments, charges or encumbrances; and 

       (d)    in the case of payment in respect of finished work, the 
              finished work has been inspected by Canada and accepted as 
              being in accordance with the Contract, including the 
              Specifications.

2.     The Minister shall notify the Contractor, within fifteen (15) days 
       of receipt of an invoice, of any inadequacy of the invoice or of the 
       supporting documentation, and where any such notice is given within 
       that period the date for payment of the amount invoiced shall be 
       postponed until the Contractor remedies the inadequacy to the 
       satisfaction of the Minister.

9601-10       10     (2000-12-01)  Interest on Overdue Accounts

1.     For the purposes of this section:

       "Average Rate" means the simple arithmetic mean of the Bank Rates in 
       effect at 4:00 p.m. Eastern Standard Time each day during the 
       calendar month which immediately precedes the calendar month in 
       which payment is made, where the "Bank Rate" means the rate of 
       interest established from time to time by the Bank of Canada as the 
       minimum rate at which the Bank of Canada makes short term advances 
       to members of the Canadian Payments Association.

       "date of payment" means the date of the negotiable instrument drawn 
       by the Receiver General for Canada and given for payment of an 
       amount due and payable;

       an amount is "due and payable" when it is due and payable by Canada 
       to the Contractor in accordance with the terms of the Contract; and

       an amount becomes "overdue" when it is unpaid on the first day 
       following the day upon which it is due and payable.

2.     Subject to the Contract, Canada shall be liable to pay to the 
       Contractor simple interest at the Average Rate plus 3 percent per 
       annum on any amount that is overdue, from the date such amount 
       becomes overdue until the day prior to the date of payment, 
       inclusive. Interest shall be paid without notice from the Contractor.

3.     Canada shall not be liable to pay interest in accordance with this 
       section if Canada is not responsible for the delay in paying the 
       Contractor.

4.     Canada shall not be liable to pay interest on overdue advance 
       payments.

9601-10       11     (1992-12-01)  Changes in Taxes and Duties

1.     In this section "bid" includes a proposal, tender or offer submitted 
       by the Contractor in response to an invitation from the Minister.

2.     Subject to subsection 3, in the event of any change (including a new 
       imposition or repeal), on or after the date of submission of the bid, 
       of any tax, customs or other duty, charge, or any similar imposition 
       that is imposed under sales or excise tax legislation of the 
       Government of Canada and which affects the Cost to the Contractor of 
       the Work, the Contract Price shall be adjusted to reflect the 
       increase or decrease in the Cost to the Contractor.

3.     There shall be no adjustment under subsection 2 in respect of any 
       change that would increase the Cost to the Contractor of the Work if 
       public notice of the change was given before the bid submission date 
       in sufficient detail to permit the Contractor to have calculated the 
       effect on its Cost before that date.

4.     The Contractor shall forward to the Minister a certified statement 
       showing the increase or decrease in Cost to the Contractor that is 
       directly attributable to the change in the imposition. The Minister 
       may verify the increase or decrease in Cost by audit before or after 
       the Contract Price is adjusted.

5.     Notwithstanding subsections 2 to 4, no adjustment to the Contract 
       Price in respect of the Work or a part thereof shall be made for a 
       change in any imposition referred to in this section that occurs 
       after the date required by the Contract for delivery of the Work or 
       that part of the Work.

9601-10       12     (1995-03-31)  Title

1.     Except as otherwise provided in the Contract, and except as provided 
       in subsection 2, title to the Work or any part thereof shall vest in 
       Canada upon delivery and acceptance thereof by or on behalf of 
       Canada.

2.     Upon any payment being made to the Contractor for or on account of 
       materials, parts, work-in-process or finished work, either by way of 
       progress payments or accountable advances or otherwise, title in and 
       to all materials, parts, work-in-process and finished work so paid 
       for shall vest in and remain in Canada unless already so vested 
       under any other provision of the Contract.

3.     Notwithstanding any vesting of title referred to in this section and 
       except as otherwise provided in the Contract, the risk of loss or 
       damage to the materials, parts, work-in-process or finished work or 
       part thereof so vested shall remain with the Contractor until their 
       delivery to Canada in accordance with the Contract.  The Contractor 
       shall be liable for any loss or damage to any part of the Work 
       caused by the Contractor or any Subcontractor after such delivery.

4.     Any vesting of title referred to in subsection 2 shall not 
       constitute acceptance by Canada of the materials, parts, 
       work-in-process or finished work, and shall not relieve the 
       Contractor of its obligation to perform the Work in accordance with 
       the Contract.

5.     Where title to any materials, parts, work-in-process or finished 
       work becomes vested in Canada, the Contractor shall, upon the 
       Minister's request, establish to the Minister's satisfaction that 
       the title is free and clear of all claims, liens, attachments, 
       charges or encumbrances and shall execute such conveyances thereof 
       and other instruments necessary to perfect that title as the 
       Minister may request.

6.     If the Contract is a defence Contract within the meaning of the 
       Defence Production Act, R.S.C. 1985, c. D-1, title to the Work or to 
       any materials, parts, work-in-process or finished work shall vest in 
       Canada free and clear of all claims, liens, attachments, charges or 
       encumbrances, and the Minister shall be entitled at any time to 
       remove, sell or dispose of it or any part of it in accordance with 
       section 20 of that Act.

9601-10       13     (1992-12-01)  Warranty

1.     Notwithstanding inspection and acceptance of the Work by or on 
       behalf of Canada and without restricting any other provision of the 
       Contract or any condition, warranty or provision implied or imposed 
       by law, the Contractor warrants that, for a period of 12 months from 
       the date of delivery, or if acceptance takes place on a later date, 
       the date of acceptance, or for such other period as may be specified 
       in the written agreement between the Parties, the Work shall be free 
       from all defects in design, materials or workmanship, and shall 
       conform with the requirements of the Contract.

2.     In the event of a defect or nonconformance in any part of the Work 
       during the warranty period defined in subsection 1, the Contractor, 
       at the request of the Minister to do so, shall as soon as possible 
       repair, replace or otherwise make good at its own option and expense 
       the part of the Work found to be defective or not in conformance 
       with the requirements of the Contract.

3.     The Work or any part thereof found to be defective or non-conforming 
       shall be returned to the Contractor's plant for replacement, repair 
       or making good; provided that, when in the opinion of the Minister 
       it is not expedient to remove the Work from its location, the 
       Contractor shall carry out any necessary repair or making good of 
       the Work at that location, and shall be paid the fair and reasonable 
       Cost (including reasonable travelling and living expenses) incurred 
       in so doing, with no allowance therein by way of profit, less an 
       amount equal to the Cost of rectifying the defect or non-conformance 
       at the Contractor's plant.

4.     Canada shall pay the transportation cost associated with returning 
       any work or part thereof to the Contractor's plant pursuant to 
       subsection 3, and the Contractor shall pay the transportation cost 
       associated with forwarding the replacement or returning the Work or 
       part thereof when rectified to the delivery point specified in the 
       Contract, or such lesser cost as may be required to transport the 
       Work or part thereof to another location directed by the Technical 
       Authority.

5.     The warranties set out in subsection 1 shall apply for the remainder 
       of the warranty period to any part of the Work repaired, replaced or 
       otherwise made good pursuant to subsection 2.  All of the provisions 
       of subsections 2 to 5 of this section apply mutatis mutandis to any 
       such part of the Work that is found during that period to be 
       defective or not in conformance with the Contract.

9601-10       14     (2001-05-25)  Indemnity Against Third-party Claims

The Contractor shall indemnify and save harmless Canada, the Minister and 
their servants and agents from and against any damages, costs or expenses 
or any claim, action, suit or other proceeding which they or any of them 
may at any time incur or suffer as a result of or arising out of: 

(a)    any injury to persons (including injuries resulting in death) or 
       loss of or damage to property of others which may be or be alleged 
       to be caused by or suffered as a result of the performance of the 
       Work or any part thereof, except that Canada and the Minister shall 
       not claim indemnity under this section to the extent that the injury, 
       loss or damage has been caused by Canada; and 

(b)    any liens, attachments, charges or other encumbrances or claims upon 
       or in respect of any materials, parts, work-in-process or finished 
       work furnished to, or in respect of which any payment has been made 
       by, Canada. 

9601-10       15     (2001-05-25)  Royalties and Infringement

1.     The Contractor shall indemnify and save harmless Canada, the 
       Minister and their servants and agents against any claim, action, 
       suit or other proceeding for the payment of Royalties, that results 
       from or is alleged to result from the carrying out of the Contract 
       or the use or disposal by Canada of anything furnished by the 
       Contractor under the Contract. 
2      Canada shall indemnify and save harmless the Contractor and its 
       servants and agents against any claim, action, suit or other 
       proceeding for the payment of Royalties, that results from or is 
       alleged to result from

       (a)    the use by the Contractor in performing the Contract of 
              equipment, Specifications or other information not prepared 
              by the Contractor and supplied to the Contractor by or on 
              behalf of Canada, or

       (b)    the Contractor complying with production drawings not 
              prepared by the Contractor and supplied by or on behalf of 
              Canada which direct an alteration of or modification to the 
              Work,

       provided that the Contractor notifies the Minister immediately of 
       any such claim, action, suit or other proceeding, but Canada shall 
       not be liable to indemnify or save harmless the Contractor for 
       payment of any settlement unless Canada has consented to the 
       settlement.

9601-10       16     (2001-05-25)  Copyright

1.     In this section,

       "Material" means anything that is created or developed by the 
       Contractor as part of the Work under the Contract, and in which 
       copyright subsists, but does not include computer programs and 
       related software documentation.

2.     Copyright in the Material shall vest in Canada and the Contractor 
       shall incorporate in all Material the copyright symbol and either of 
       the following notices, as appropriate:

       ©  HER MAJESTY THE QUEEN IN RIGHT OF Canada (year)

       or

       ©  SA MAJESTÉ LA REINE DU CHEF DU CANADA (year)

3.     At the completion of the Contract, or at such other time as the 
       Contract or the Minister may require, the Contractor shall fully and 
       promptly disclose to the Minister all Material created or developed 
       under the Contract.

4.     Where copyright in any Material vests in Canada under the Contract, 
       the Contractor shall execute such conveyances and other documents 
       relating to title or copyright as the Minister may require.

5.     The Contractor shall not use, copy, divulge or publish any Material 
       except as is necessary to perform the Contract.

6.     At the request of the Minister, the Contractor shall provide to 
       Canada, at the completion of the Work or at such other time as the 
       Minister may require, a written permanent waiver of Moral Rights, in 
       a form acceptable to the Minister, from every author that 
       contributed to the Material.

7.     If the Contractor is an author of the Material, the Contractor 
       hereby permanently waives the Contractor's Moral Rights in respect 
       of the Material.

9601-10       17     (2001-05-25)  Default by the Contractor

1.     Where the Contractor is in default in carrying out any of its 
       obligations under the Contract, the Minister may, upon giving 
       written notice to the Contractor, terminate for default the whole or 
       any part of the Contract, either immediately, or at the expiration 
       of a cure period specified in the notice if the Contractor has not 
       cured the default to the satisfaction of the Minister within that 
       cure period.

2.     Where the Contractor becomes bankrupt or insolvent, makes an 
       assignment for the benefit of creditors, or takes the benefit of any 
       statute relating to bankrupt or insolvent debtors, or where a 
       receiver is appointed under a debt instrument or a receiving order 
       is made against the Contractor, or an order is made or a resolution 
       passed for the winding up of the Contractor, the Minister may, upon 
       giving notice to the Contractor, immediately terminate for default 
       the whole or any part of the Contract.

3.     Upon the giving of a notice provided for in subsection 1 or 2, the 
       Contractor shall have no claim for further payment, but shall be 
       liable to Canada for any amounts, including milestone payments, paid 
       by Canada and for all losses and damages which may be suffered by 
       Canada by reason of the default or occurrence upon which the notice 
       was based, including any increase in the cost incurred by Canada in 
       procuring the Work from another source.  Nothing in this section 
       affects any obligation of Canada under the law to mitigate damages.

9601-10       18     (2004-05-14)  Termination for Convenience

1.     Notwithstanding anything contained in the Contract, the Minister may, 
       at any time prior to the completion of the Work, by giving notice to 
       the Contractor (hereinafter sometimes referred to as a "termination 
       notice"), terminate the Contract as regards all or any part of the 
       Work not completed. Upon a termination notice being given, the 
       Contractor shall cease work (including the manufacture and procuring 
       of materials for the fulfilment of the Contract) in accordance with 
       and to the extent specified in the notice, but shall proceed to 
       complete such part or parts of the Work as are not affected by the 
       termination notice. The Minister may, at any time or from time to 
       time, give one or more additional termination notices with respect 
       to any or all parts of the Work not terminated by any previous 
       termination notice.

2.     In the event of a termination notice being given pursuant to 
       subsection 1, the Contractor shall be entitled to be paid, to the 
       extent that costs have been reasonably and properly incurred for 
       purposes of performing the Contract and to the extent that the 
       Contractor has not already been so paid or reimbursed by Canada:

       (a)    on the basis of the Contract Price, for all completed work 
              that is inspected and accepted in accordance with the 
              Contract, whether completed before, or after and in 
              compliance with the instructions contained in the termination 
              notice; 

       (b)    the Cost to the Contractor plus a fair and reasonable profit 
              thereon, for all work terminated by the termination notice 
              before completion, the Cost to the Contractor being 
              determined in accordance with the terms of the Contract and 
              with Contract Cost Principles 1031-2;

       (c)    all costs of and incidental to the termination of the Work or 
              part thereof, but not including the cost of severance 
              payments or damages to employees whose services are no longer 
              required by reason of the termination except wages that the 
              Contractor is obligated by statute to pay them and except for 
              reasonable severance payments or damages paid to employees 
              hired to perform the Contract whose hiring was expressly 
              required by the Contract or approved in writing by the 
              Minister for the purpose of the Contract.

3.     The Minister may reduce the payment in respect of any of the Work to 
       the extent that, upon inspection, it is deficient in meeting the 
       requirements of the Contract.

4.     Notwithstanding anything in subsection 2, the total of the amounts 
       to which the Contractor is entitled under paragraphs 2.(a) and (b), 
       together with any amounts paid or due or becoming due to the 
       Contractor under other provisions of the Contract, shall not exceed 
       the Contract Price or the portion thereof that is applicable to the 
       part of the Work that is terminated.

5.     In the procuring of materials and parts required for the performance 
       of the Contract and in the subcontracting of any of the Work, the 
       Contractor shall, unless otherwise authorized by the Minister, place 
       purchase orders and subcontracts on terms that will enable the 
       Contractor to terminate the same upon terms and conditions similar 
       in effect to those provided in this section, and generally, the 
       Contractor shall co-operate with the Minister and do everything 
       reasonably within its power at all times to minimize the amount of 
       Canada's obligations in the event of a termination under this 
       section. 
6.     The Contractor shall have no claim for damages, compensation, loss 
       of profit, allowance or otherwise by reason of, or directly or 
       indirectly arising out of, any action taken or termination notice 
       given by the Minister under this section, except to the extent that 
       this section expressly provides.

9601-10       19     (2001-05-25)  Members of the House of Commons

No member of the House of Commons shall be admitted to any share or part of 
the Contract or to any benefit arising from the Contract.

9601-10       20     (2003-12-12)  Conflict of Interest

The Contractor agrees that it is a term of the Contract that no person who 
is not in compliance with the provisions of the Conflict of Interest and 
Post-Employment Code for Public Office Holders or the Values and Ethics for 
the Public Service (2003), shall derive any direct benefit from this 
Contract.

9601-10       21     (2001-05-25)  No Bribe

The Contractor represents and covenants that no bribe, gift, benefit, or 
other inducement has been or will be paid, given, promised or offered 
directly or indirectly to any official or employee of Canada or to a member 
of the family of such a person, with a view to influencing the entry into 
the Contract or the administration of the Contract.

9601-10       22     (2001-05-25)  Severability

If any provision of the Contract is declared by a court of competent 
jurisdiction to be invalid, illegal or unenforceable, such provision shall 
be severed from the Contract and all other provisions of the Contract shall 
remain in full force and effect.

9601-10       23     (2001-05-25)  Entire Agreement

The Contract constitutes the entire and sole agreement between the Parties 
with respect to the subject matter of the Contract and supersedes all 
previous negotiations, communications and other agreements, whether written 
or oral, relating to it, unless they are incorporated by reference in the 
Contract.

9601-10       24     (2001-05-25)  Certification - Contingency Fees

1.     The Contractor certifies that it has not directly or indirectly paid 
       or agreed to pay and covenants that it will not directly or 
       indirectly pay a contingency fee for the solicitation, negotiation 
       or obtaining of this Contract to any person other than an employee 
       acting in the normal course of the employee's duties.

2.     All accounts and records pertaining to payments of fees or other 
       compensation for the solicitation, obtaining or negotiation of the 
       Contract shall be subject to the Accounts and Audit provisions of 
       the Contract.

3.     If the Contractor certifies falsely under this section or is in 
       default of the obligations contained therein, the Minister may 
       either terminate this Contract for default in accordance with the 
       termination for default provisions of the Contract or recover from 
       the Contractor by way of reduction to the Contract Price or 
       otherwise the full amount of the contingency fee.

4.     In this section:

       "contingency fee" means any payment or other compensation that is 
       contingent upon or is calculated upon the basis of a degree of 
       success in soliciting or obtaining a government contract or 
       negotiating the whole or any part of its terms;

       "employee" means a person with whom the Contractor has an employer/
       employee relationship;

       "person" includes an individual or group of individuals, a 
       corporation, a partnership, an organization and an association and, 
       without restricting the generality of the foregoing, includes any 
       individual who is required to file a return with the registrar 
       pursuant to section 5 of the Lobbyist Registration Act R.S. 1985 c.44 
       (4th Supplement) as the same may be amended from time to time.