Common use of Failure to Provide Service Clause in Contracts

Failure to Provide Service. 17.1 The Consultant shall use best endeavours and utilise best professional practice to comply in full with any timetable agreed between the parties from time to time. However in the event of delay, which in the sole opinion of the Authorised Officer is attributable to wilful or unnecessary delay, consistent failure, omissions or incompetence of the Consultant’ personnel, the Authorised Officer reserves the right; 17.2 to provide the Consultant with written notice identifying the area of work which the Authorised Officer genuinely believes has been the subject of wilful or unnecessary delay, consistent failure or incompetence on the part of the Consultant and requiring that such defect be corrected within a period of [fifteen (15)] working days from the date of despatch of notice by the Council; 17.3 if such defect is not cured within the fifteen day period or such other period as the parties may agree in writing, the Council may, in its absolute discretion either; 17.3.1 extend the period of time to enable the Consultant to cure the defect; and/or 17.3.2 engage the services of a third party to cure the defect, whereupon the Consultant shall pay to the Council promptly within 20 working days from the date of written request by the Council, a sum equal to the costs incurred by the Council in engaging the services of a third party. The Consultant further agrees that it shall not be entitled to make any charge to the Council in respect of the wasted costs associated with the Services which have not been performed due to the circumstances referred to in Clause 17.1 above; and/or 17.4 terminate the whole or any part of this Contract, and the Consultant shall be liable to the Council for all losses, costs and expenses occasioned to the Council as a result of the Consultant having failed to provide the Services either properly or at all.

Failure to Provide Service. 17.1 The Consultant Service Provider shall use best endeavours and utilise best professional practice to comply in full with any timetable agreed between the parties from time to time. However in the event of delay, which in the sole opinion of the Authorised Contract Officer is attributable to wilful or unnecessary delay, consistent failure, omissions or incompetence of the Consultant’ personnelService Provider, the Authorised Officer Council reserves the right;: 17.2 17.1.1 to provide the Consultant Service Provider with written notice identifying the area of work which the Authorised Contract Officer genuinely believes has been the subject of wilful or unnecessary delay, consistent failure or incompetence on the part of the Consultant Service Provider and requiring that such defect be corrected within a period of [fifteen (15)] working days ) Working Days from the date of despatch of notice by the Council; 17.3 17.1.2 if such defect is not cured within the fifteen day period or such other period as the parties may agree in writing, the Council may, in its absolute discretion either;: 17.3.1 17.1.2.1 extend the period of time to enable the Consultant Service Provider to cure the defect; and/or 17.3.2 17.1.2.2 engage the services of a third party to cure the defect, whereupon the Consultant Service Provider shall pay to the Council promptly within 20 working days Working Days from the date of written request by the Council, a sum equal to the costs incurred by the Council in engaging the services of a third party. The Consultant Service Provider further agrees that it shall not be entitled to make any charge to the Council in respect of the wasted costs associated with the Services which have not been performed due to the circumstances referred to in Clause 17.1 above; and/or 17.4 17.1.3 to terminate the whole or any part of this Contract, and the Consultant Service Provider shall be liable to the Council for all losses, costs and expenses occasioned to the Council as a result of the Consultant Service Provider having failed to provide the Services either properly or at all.

Failure to Provide Service. 17.1 The Consultant shall use best endeavours and utilise best professional practice to comply in full with any timetable agreed between the parties from time to time. However in the event of delay, which in the sole opinion of the Authorised Officer is attributable to wilful or unnecessary delay, consistent failure, omissions or incompetence of the Consultant’ personnel, the Authorised Officer reserves the right; 17.2 ; to provide the Consultant with written notice identifying the area of work which the Authorised Officer genuinely believes has been the subject of wilful or unnecessary delay, consistent failure or incompetence on the part of the Consultant and requiring that such defect be corrected within a period of [fifteen (15)] ) working days from the date of despatch of notice by the Council; 17.3 University; if such defect is not cured within the fifteen day period or such other period as the parties may agree in writing, the Council University may, in its absolute discretion either; 17.3.1 ; extend the period of time to enable the Consultant to cure the defect; and/or 17.3.2 and/or engage the services of a third party to cure the defect, whereupon the Consultant shall pay to the Council University promptly within 20 working days from the date of written request by the CouncilUniversity, a sum equal to the costs incurred by the Council University in engaging the services of a third party. The Consultant further agrees that it shall not be entitled to make any charge to the Council University in respect of the wasted costs associated with the Services which have not been performed due to the circumstances referred to in Clause 17.1 above; and/or 17.4 and/or terminate the whole or any part of this Contract, and the Consultant shall be liable to the Council University for all losses, costs and expenses occasioned to the Council University as a result of the Consultant having failed to provide the Services either properly or at all.