Common use of Inability to Complete the Services Clause in Contracts

Inability to Complete the Services. a) In the event that Supplier cannot supply the Services or Materials, including meeting the delivery date or any other requirement specified in a SOW, Supplier shall immediately notify CPR’s Contact Person (if Notice is made orally, additional Notice shall be provided to CPR in writing within one (1) Business Day following such oral Notice). Notice shall make reference to a SOW and CPR’s part numbers (if any) and shall state what obligations of Supplier cannot be fulfilled. Upon receipt of such Notice, in addition to the termination rights set out at Article 4 - TERM AND TERMINATION, CPR may, at CPR’s sole and exclusive option: a) Accept partial delivery for any or all Materials delivered prior to such termination provided CPR pays Supplier a proportionate share of the invoice; or b) Negotiate alternative terms with the Supplier. In addition to any other rights afforded CPR at law, Supplier shall be responsible to CPR for all costs and damages resulting from Supplier’s delay or delivery of defective Materials; b) If Supplier fails to notify CPR of any circumstances that may preclude Supplier from completing any of the Services or Materials in the manner set out in this Contract, the Parties shall enter into good faith discussions as to the amount of a discount CPR shall receive on the Fees for the Services or Materials, or such other credit or benefit as CPR may reasonably request.

Inability to Complete the Services. a) In the event that Supplier cannot supply the Services or Materials, including meeting the delivery date or any other requirement specified in a SOW, Supplier shall immediately notify CPR’s Contact Person (if Notice is made orally, additional Notice shall be provided to CPR in writing within one (1) Business Day following such oral Notice). Notice shall make reference to a SOW and CPR’s part numbers (if any) and shall state what obligations of Supplier cannot be fulfilled. Upon receipt of such Notice, in addition to the termination rights set out at Article 4 - TERM AND TERMINATION, CPR may, at CPR’s sole and exclusive option: a) Accept partial delivery for any or all Materials delivered prior to such termination provided CPR pays Supplier a proportionate share of the invoice; or b) Negotiate alternative terms with the Supplier. In addition to any other rights afforded CPR at law, Supplier shall be responsible to CPR for all costs and damages resulting from Supplier’s delay or delivery of defective Materials; b) If Supplier fails to notify CPR of any circumstances that may preclude Supplier from completing any of the Services or and Materials in the manner set out in this Contract, the Parties shall enter into good faith discussions as to the amount of a discount CPR shall receive on the Fees for the Services or Materials, or such other credit or benefit as CPR may reasonably request.