Common use of Application of Penalties Clause in Contracts

Application of Penalties. Following a monthly update on the analysis of the indicators, the Purchaser issues an invoice corresponding to the amount of penalties for the month. Should penalties apply, payment by the Supplier of the penalties does not relieve the Supplier of its obligations to perform its obligations. The penalties set out in the SPC or in the Order shall apply without prejudice to any other costs incurred by the Purchaser resulting from the failure of the Supplier. The penalties shall be invoiced by the Purchaser to the Supplier and in no way can be considered as a lump sum compensation for any loss that may be suffered by the Purchaser in the course of performance of the Contract and shall not be considered as a sole remedy and full satisfaction of the Supplier's liability. The penalties shall be paid by the Supplier within the same deadlines as the deadlines for payment specified in article C7 above. The application of the penalties is independent of the termination of the Contract, SCPC and / or Order, which may eventually result from the delay or poor performance by the Supplier of its obligations. In particular, the Parties consider that the Supplier has materially failed to perform its services if the SLA floor rate is reached four (4) consecutive times over a period of six (6) months.

Appears in 11 contracts

Samples: General Purchase Conditions, General Purchase Conditions, General Purchase Conditions

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Application of Penalties. Following a monthly update on the analysis of the indicators, the Purchaser issues an invoice corresponding to the amount of penalties for the month. Should penalties apply, payment by the Supplier of the penalties does not relieve the Supplier of its obligations to perform its obligations. The penalties set out in the SPC or in the Order shall apply without prejudice to any other costs incurred by the Purchaser resulting from the failure of the Supplier. The penalties shall be invoiced by the Purchaser to the Supplier and in no way can be considered as a lump sum compensation for any loss that may be suffered by the Purchaser in the course of performance of the Contract and shall not be xxxxxxxx notbe considered as a sole remedy and full satisfaction of the Supplier's liability. The penalties shall be paid by the Supplier within the same deadlines as the deadlines for payment specified in article C7 D7 above. The application of the penalties is independent of the termination of the Contract, SCPC and / SCPCand/ or Order, which may eventually result from the delay whichmayeventuallyresultfrom thedelay or poor performance by the Supplier of its obligations. In particular, the Parties consider that the Supplier has materially failed to perform its services if the SLA floor rate is reached four (4) consecutive times over a period of six (6) months.

Appears in 4 contracts

Samples: General Purchase Conditions, General Purchase Conditions, General Purchase Conditions

Application of Penalties. Following a monthly update on the analysis of the indicators, the Purchaser issues an invoice corresponding to the amount of penalties for the month. Should penalties apply, payment by the Supplier of the penalties does not relieve the Supplier of its obligations to perform its obligations. The penalties set out in the SPC or in the Order shall apply without prejudice to any other costs incurred by the Purchaser resulting from the failure of the Supplier. The penalties shall be invoiced by the Purchaser to the Supplier and in no way can be considered as a lump sum compensation for any loss that may be suffered by the Purchaser in the course of performance of the Contract and shall not be andshall notbe considered as a sole remedy and full satisfaction of the Supplier's liability. The penalties shall be paid by the Supplier within the same deadlines as the deadlines for payment specified in article C7 D7 above. The application of the penalties is independent of the termination of the Contract, SCPC and / SCPCand/ or Order, which may eventually result from the delay whichmayeventuallyresultfrom thedelay or poor performance by the Supplier of its obligations. In particular, the Parties consider that the Supplier has materially failed to perform its services if the SLA floor rate is reached four (4) consecutive times over a period of six (6) months.

Appears in 4 contracts

Samples: General Purchase Conditions, General Purchase Conditions, General Purchase Conditions

Application of Penalties. Following a monthly update on the analysis of the indicators, the Purchaser issues an invoice corresponding to the amount of penalties for the month. Should penalties apply, payment by the Supplier of the penalties does not relieve the Supplier of its obligations to perform its obligations. The penalties set out in the SPC or in the Order shall apply without prejudice to any other costs incurred by the Purchaser resulting from the failure of the Supplier. The penalties shall be invoiced by the Purchaser to the Supplier and in no way can be considered as a lump sum compensation for any loss that may be suffered by the Purchaser in the course of performance of the Contract and shall not be xxxxxxxx notbe considered as a sole remedy and full satisfaction of the Supplier's liability. The penalties shall be paid by the Supplier within the same deadlines as the deadlines for payment specified in article C7 D7 above. The application of the penalties is independent of the termination of the Contract, SCPC and / or OrderSCPCand/ orOrder, which may eventually result from the delay whichmayeventuallyresultfrom thedelay or poor performance by the Supplier of its obligations. In particular, the Parties consider that the Supplier has materially failed to perform its services if the SLA floor rate is reached four (4) consecutive times over a period of six (6) months.

Appears in 2 contracts

Samples: General Purchase Conditions, General Purchase Conditions

Application of Penalties. Following a monthly update on the analysis of the indicators, the Purchaser issues an invoice corresponding to the amount of penalties for the month. Should penalties apply, payment by the Supplier of the penalties does not relieve the Supplier of its obligations to perform its obligations. The penalties set out in the SPC or in the Order shall apply without prejudice to any other costs incurred by the Purchaser resulting from the failure of the Supplier. The penalties shall be invoiced by the Purchaser to the Supplier and in no way can be considered as a lump sum compensation for any loss that may be suffered by the Purchaser in the course of performance of the Contract and shall not be xxxxxxxx notbe considered as a sole remedy and full satisfaction of the Supplier's liability. The penalties shall be paid by the Supplier within the same deadlines as the deadlines thedeadlines for payment specified in article C7 D7 above. The application of the penalties is independent of the termination of the Contract, SCPC and / SCPCand/ or Order, which may eventually result from the delay whichmayeventuallyresultfrom thedelay or poor performance by the Supplier of its obligations. In particular, the Parties consider that the Supplier has materially failed to perform its services if the SLA floor rate is reached four (4) consecutive times over a period of six (6) months.

Appears in 1 contract

Samples: General Purchase Conditions

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Application of Penalties. Following a monthly update on the analysis of the indicators, the Purchaser issues an invoice corresponding to the amount of penalties for the month. Should penalties apply, payment by the Supplier of the penalties does not relieve the Supplier of its obligations to perform its obligations. The penalties set out in the SPC or in the Order shall apply without prejudice to any other costs incurred by the Purchaser resulting from the failure of the Supplier. The penalties shall be invoiced by the Purchaser to the Supplier and in no way can be considered as a lump sum compensation for any loss that may be suffered by the Purchaser in Purchaserin the course of performance ofperformance of the Contract and shall not be considered as Contractandshallnotbe consideredas a sole remedy and full satisfaction of the Supplier's liability. The penalties shall be paid by the Supplier within the same deadlines as the deadlines for payment specified in article C7 D7 above. The application of the penalties is independent of the termination of the Contract, SCPC and / SCPCand/ or Order, which may eventually result from the delay or poor performance whichmayeventuallyresultfromthedelayorpoorperformance by the Supplier of its obligations. In particular, the Parties consider that the Supplier has materially failed to perform its services if the SLA floor rate is reached four (4) consecutive times over a period of six (6) months.

Appears in 1 contract

Samples: General Purchase Conditions

Application of Penalties. Following a monthly update on the analysis of the indicators, the Purchaser issues an invoice corresponding to the amount of amountof penalties for the month. Should penalties apply, payment by the Supplier of the penalties does not relieve the Supplier of its obligations to perform its obligations. The penalties set out in the SPC or in the Order shall apply without prejudice to any other costs incurred by the Purchaser resulting from the failure of the Supplier. The penalties shall be invoiced by the Purchaser to the Supplier and in no way can be considered as a lump sum compensation for any loss that may be suffered by the Purchaser in the course of performance of the Contract and shall not be considered as a sole remedy and full satisfaction of the Supplier's liability. The penalties shall be paid by the Supplier within the same deadlines as the deadlines for payment specified in article C7 above. The application of the penalties is independent of the termination of the Contract, SCPC and / or Order, which may eventually result from the delay or poor performance by the Supplier of its obligations. In particular, the Parties consider that the Supplier has materially failed to perform its services if the SLA floor rate is reached four (4) consecutive times over a period of six (6) months.

Appears in 1 contract

Samples: General Purchase Conditions

Application of Penalties. Following a monthly update on the analysis of the indicators, the Purchaser issues an invoice corresponding to the amount of penalties for the month. Should penalties apply, payment by the Supplier of the penalties does not relieve the Supplier of its obligations to perform its obligations. The penalties set out in the SPC or in the Order shall Ordershall apply without prejudice to any other costs incurred by the Purchaser resulting from the failure of the Supplier. The penalties shall be invoiced by the Purchaser to the Supplier and in no way can be considered as a lump sum compensation for any loss that may be suffered by the Purchaser in the course of performance of the Contract and shall not be considered as a sole remedy and full satisfaction of the Supplier's liability. The penalties shall be paid by the Supplier within the same deadlines as the deadlines thedeadlines for payment specified in article C7 above. The application of the penalties is independent of the termination of the Contract, SCPC and / or Order, which may eventually result from the delay or poor performance by the Supplier of its obligations. In particular, the Parties consider that the Supplier has materially failed to perform its services if the SLA floor rate is reached four (4) consecutive times over a period of six (6) months.

Appears in 1 contract

Samples: General Purchase Conditions

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