Common use of DEFAULT AND CANCELLATION Clause in Contracts

DEFAULT AND CANCELLATION. 6.1 If the Supplier breaches any term of the Contract then, at the sole option of Council, and without prejudice to any other remedy or right, Council may: a) If the term relates to Goods, reject the Goods in whole or in part and return the Goods to the Supplier at the Supplier's risk and expense including the cost of packing, transporting, insuring and handling the rejected Goods and the Supplier must immediately reimburse the Council for any monies paid in respect of the returned Goods; b) If the term relates to Goods, require the Supplier to replace, repair, reinstate or re-supply the Goods at the Supplier's expense so that they conform to the Contract or may have the Goods replaced, repaired or re-supplied by another person and recover the cost of doing so from the Supplier; c) If the term relates to Services, require the Supplier to perform the Services again to the required standard at the Supplier's expense or may have the Services re-supplied by another person and recover the cost of doing so from the Supplier; and/or d) suspend payment for the Goods and/or Services until the breach has been remedied to the Councils reasonable satisfaction. 6.2 Council may terminate the Contract or cancel any Order effective immediately if the Supplier breaches any provision of the Contract and fails to remedy the breach within 10 Days of giving written notice to the Supplier specifying the breach and requiring it to be remedied. Breach of clause 5 and/or 12 by the Supplier may be deemed as breach of the Contract whether or not Council elects to accept the Goods and/or Services in question. 6.3 Council may, by written notice to the Supplier, terminate the Contract or cancel any Order immediately if the Supplier becomes bankrupt, ceases to carry on business, goes into liquidation, becomes insolvent, appoints a receiver or enters into a formal proposal for a compromise with its creditors under the Companies Act 1993. 6.4 Council may terminate this Contract by giving the Supplier 10 Days written notice. In the event that Council does so, this Contract will terminate and any outstanding Orders at the end of the period of notice will be deemed cancelled. 6.5 Subject to Council’s rights of deduction or set-off, Council will pay the Supplier for any Goods and/or Services validly provided up to the date of termination. 6.6 No failure or delay on the part of Council to exercise any of its rights in respect of any default by the Supplier will prejudice Council’s rights in connection with that default or any subsequent default. 6.7 Termination of the Contract and/or cancellation of an Order does not affect any responsibilities which are intended to continue or come into effect after the Contract terminates.

DEFAULT AND CANCELLATION. 6.1 If the Supplier supplier breaches any term of the Contract contract then, at the sole option of the Council, and without prejudice to any other remedy or right, the Council may: (a) If the term relates to Goodsgoods, reject the Goods goods in whole or in part and return the Goods goods to the Supplier supplier at the Suppliersupplier's risk and expense including the cost of packing, transporting, insuring and handling the rejected Goods goods and the Supplier supplier must immediately reimburse the Council for any monies paid in respect of the returned Goodsgoods; (b) If the term relates to Goodsgoods, require the Supplier supplier to replace, repair, reinstate or re-supply the Goods goods at the Suppliersupplier's expense so that they conform to the Contract contract or may have the Goods goods replaced, repaired or re-supplied by another person and recover the cost of doing so from the Suppliersupplier; (c) If the term relates to Servicesservices, require the Supplier supplier to perform the Services services again to the required standard at the Suppliersupplier's expense or may have the Services services re-supplied by another person and recover the cost of doing so from the Supplier; and/orsupplier; (d) If the term relates to health and safety, immediately terminate (or suspend supplier’s performance of) this contract in whole or in part and/or any order by written notice to supplier; (e) and/or suspend payment for the Goods goods and/or Services services until the breach has been remedied to the Councils Council’s reasonable satisfaction. Any contract suspension is not to the Council ’s financial account. 6.2 The Council may terminate the Contract contract or cancel any Order order effective immediately if the Supplier supplier breaches any provision of the Contract contract and fails to remedy the breach within 10 Days days of giving written notice to the Supplier supplier specifying the breach and requiring it to be remedied. Breach of clause 5 and/or 12 by the Supplier supplier may be deemed as breach of the Contract contract whether or not the Council elects to accept the Goods goods and/or Services services in question. 6.3 The Council may, by written notice to the Suppliersupplier, terminate the Contract contract or cancel any Order order immediately if the Supplier supplier becomes bankrupt, ceases to carry on business, goes into liquidation, becomes insolvent, appoints a receiver or enters into a formal proposal for a compromise with its creditors under the Companies Act 1993. 6.4 The Council may terminate this Contract contract by giving the Supplier supplier 10 Days days written notice. In the event that the Council does so, this Contract contract will terminate and any outstanding Orders orders at the end of the period of notice will be deemed cancelled. 6.5 Subject to the Council’s rights of deduction or set-off, the Council will pay the Supplier supplier for any Goods goods and/or Services services validly provided up to the date of termination. 6.6 No failure or delay on the part of the Council to exercise any of its rights in respect of any default by the Supplier supplier will prejudice the Council’s 's rights in connection with that default or any subsequent default. 6.7 Termination of the Contract contract and/or cancellation of an Order order does not affect any responsibilities which are intended to continue or come into effect after the Contract contract terminates.

DEFAULT AND CANCELLATION. 6.1 8.1 If the Supplier breaches any term of the Contract then, warranties contained in clause 7.1 or any other terms of the Terms of Purchase then at the sole option of Council, the Council and without prejudice to any other remedy or right, Council may: (a) If the term relates to Goods, Council may reject the Goods in whole or in part and return the Goods to the Supplier at the Supplier's ’s risk and expense including (but not limited to) the cost of packing, transportingtransportation, insuring insurance and handling the rejected Goods and the Supplier must immediately reimburse the Council for any monies paid in respect of the returned Goods;goods; or (b) If the term relates to Goods, Council may require the Supplier to replace, repair, or reinstate or re-supply the Goods at the Supplier's ’s expense so that they conform to the Contract Terms of Purchase; or may have the Goods replaced, repaired or re-supplied by another person and recover the cost of doing so from the Supplier;; or (c) the Council may suspend payment for the Goods until the breach has been remedied. 8.2 If the term relates Supplier breaches any of the warranties contained in clause 7.3 or any other terms of the Terms of Purchase then at the sole option of the Council and without prejudice to Services, any other remedy or right: (a) the Council may require the Supplier to perform the Services again to the required standard at the Supplier's ’s expense or may have the Services re-supplied by another person and recover the cost of doing so from the Supplier; and/oror d(b) the Council may suspend payment for the Goods and/or Services until the breach has been remedied to the Councils reasonable satisfactionremedied. 6.2 8.3 The Council may terminate the Contract Terms of Purchase or cancel any Order effective immediately on 30 days’ notice if the Supplier breaches has breached any provision terms of the Contract Terms of Purchase and fails failed to remedy the breach within 10 Days of giving seven working days after written notice has been given to the Supplier specifying the breach and requiring it to be remedied. Breach of clause 5 and/or 12 any warranty by the Supplier may can be deemed treated by the Council as breach of the Contract Terms of Purchase whether or not the Council elects to accept the Goods and/or Services in questionor Services. 6.3 8.4 The Council may, by written notice to the Supplier, Supplier terminate the Contract Terms of Purchase or cancel any Order immediately if the Supplier becomes bankrupt, ceases to carry on business, goes into liquidation, becomes insolvent, appoints a receiver or enters into a formal proposal for a compromise with its creditors under the Companies Act 1993. 6.4 Council may terminate this Contract by giving the Supplier 10 Days written notice. In the event that Council does so, this Contract will terminate and any outstanding Orders at the end of the period of notice will be deemed cancelled. 6.5 Subject to Council’s rights of deduction or set-off, Council will pay the Supplier for any Goods and/or Services validly provided up to the date of termination. 6.6 8.5 No failure or delay on the part of the Council to exercise any of its rights in respect of any default under the Terms of Purchase by the Supplier will prejudice the Council’s rights in connection with that default or any subsequent default. 6.7 8.6 If the Terms of Purchase is terminated or any Order is cancelled the Supplier will return to the Council all payments made. However, if upon cancellation the Council elects to keep or take any Goods it will pay for them but otherwise no compensation will be payable to the Supplier. 8.7 Termination of the Contract and/or Terms of Purchase or cancellation of an Order does not affect any responsibilities which are intended to continue or come into effect after under the Contract terminates.Terms of Purchase. 9

DEFAULT AND CANCELLATION. 6.1 If the Supplier breaches any term of the Contract then, at the sole option of Councilthe Council Organisation, and without prejudice to any other remedy or right, the Council Organisation may: (a) If the term relates to Goods, reject the Goods in whole or in part and return the Goods to the Supplier at the Supplier's risk and expense including the cost of packing, transporting, insuring and handling the rejected Goods and the Supplier must immediately reimburse the Council Organisation for any monies paid in respect of the returned Goods; (b) If the term relates to Goods, require the Supplier to replace, repair, reinstate or re-supply the Goods at the Supplier's expense so that they conform to the Contract or may have the Goods replaced, repaired or re-supplied by another person and recover the cost of doing so from the Supplier; (c) If the term relates to Services, require the Supplier to perform the Services again to the required standard at the Supplier's expense or may have the Services re-supplied by another person and recover the cost of doing so from the Supplier; and/or; (d) If the term relates to health and safety, immediately terminate (or suspend Supplier’s performance of) this Contract in whole or in part and/or any Order by written notice to Supplier; (e) and/or suspend payment for the Goods and/or Services until the breach has been remedied to the Councils Council Organisation’s reasonable satisfaction. Any contract suspension is not to the Council Organisation’s financial account. 6.2 The Council Organisation may terminate the Contract or cancel any Order effective immediately if the Supplier breaches any provision of the Contract and fails to remedy the breach within 10 Days of giving written notice to the Supplier specifying the breach and requiring it to be remedied. Breach of clause 5 and/or 12 by the Supplier may be deemed as breach of the Contract whether or not the Council Organisation elects to accept the Goods and/or Services in question. 6.3 The Council Organisation may, by written notice to the Supplier, terminate the Contract or cancel any Order immediately if the Supplier becomes bankrupt, ceases to carry on business, goes into liquidation, becomes insolvent, appoints a receiver or enters into a formal proposal for a compromise with its creditors under the Companies Act 1993. 6.4 The Council Organisation may terminate this Contract by giving the Supplier 10 Days written notice. In the event that the Council Organisation does so, this Contract will terminate and any outstanding Orders at the end of the period of notice will be deemed cancelled. 6.5 Subject to Councilthe Council Organisation’s rights of deduction or set-off, the Council Organisation will pay the Supplier for any Goods and/or Services validly provided up to the date of termination. 6.6 No failure or delay on the part of the Council Organisation to exercise any of its rights in respect of any default by the Supplier will prejudice Council’s the Council Organisation's rights in connection with that default or any subsequent default. 6.7 Termination of the Contract and/or cancellation of an Order does not affect any responsibilities which are intended to continue or come into effect after the Contract terminates.

DEFAULT AND CANCELLATION. 6.1 9.1 If the Supplier breaches any term of the warranties contained in clause 8 or in any Contract then, without limiting the University's other rights or remedies, the University may, at the its sole option of Council, and without prejudice to any other remedy or right, Council maydiscretion: (a) If the term relates to Goods, reject the Goods Products and/or Services in whole or in part and return the Goods Products to the Supplier at the Supplier's risk and expense including the cost of packing, transporting, insuring and handling the rejected Goods and the Supplier must immediately reimburse the Council University for any monies paid in respect of the returned Goods;or rejected Products or Services; or (b) If the term relates to Goods, require the Supplier to replace, repair, reinstate or re-supply the Goods Products or re-perform all or part of the Services at the Supplier's expense so that they the Products and/or Services conform to the Contract or may have Contract; or (c) arrange that the Goods Products and/or Services be replaced, repaired or re-supplied by another person and recover the cost of doing so from the Supplier;. c) If the term relates to Services, require the Supplier to perform the Services again to the required standard at the Supplier's expense or 9.2 The University may have the Services re-supplied by another person and recover the cost of doing so from the Supplier; and/or d) suspend payment for the Goods Products and/or Services until the breach has been remedied to remedied. The University may set-off any amount the Councils reasonable satisfactionSupplier owes the University under the Contract, or on any account whatsoever against any amount which the University owes the Supplier under the Contract. 6.2 Council 9.3 The University may terminate the Contract or cancel any Order effective immediately on 30 days written notice if the Supplier breaches any provision of has breached the Contract and fails failed to remedy the breach within 10 Days of giving seven working days after written notice to the Supplier has been given specifying the breach and requiring it to be remedied. Breach of clause 5 and/or 12 any warranty by the Supplier may can be deemed treated by the University as breach of the Contract whether or not Council the University elects to accept the Goods Products and/or Services in questionServices. 6.3 Council may, by written notice to the Supplier, terminate the Contract or 9.4 Either party may cancel any Order immediately if the Supplier other party becomes bankrupt, ceases to carry on business, goes into liquidation, becomes insolvent, appoints a receiver or enters into a formal proposal for a compromise with its creditors under the Companies Act 1993. 6.4 Council 9.5 The Supplier may terminate this the Contract by giving notice to the University if there is a change in the University's policies and procedures referred to in clause 8.3(i) and 13.3(a) that detrimentally affects the Supplier's ability to provide the Products or Services or materially increases the costs of providing the Products or Services. Any termination notice under this clause must be issued within 20 working days of the Supplier 10 Days written notice. In the event that Council does so, this Contract will terminate and any outstanding Orders at the end being notified of the period of notice will be deemed cancelled.change 6.5 Subject to Council’s rights of deduction or set-off, Council will pay the Supplier for any Goods and/or Services validly provided up to the date of termination. 6.6 9.6 No failure or delay on the part of Council a party to exercise any of its rights right in respect of any default under the Contract by the Supplier other party will prejudice Council’s its rights in connection with that default or any subsequent default. 6.7 Termination of 9.7 If the Contract and/or Order is cancelled the Supplier will return to the University all payments made. However, if upon cancellation the University elects to keep or take any Products it will pay for them but otherwise no compensation will be payable to the Supplier. 9.8 Cancellation of an Order does not affect any responsibilities which are intended to continue or come into effect after under the Contract terminatesContract.