Common use of MANAGEMENT LEVY Clause in Contracts

MANAGEMENT LEVY. 20.1 In consideration of the establishment and award of this Dynamic Purchasing System Agreement and the management and administration by the Authority of the same, the Supplier agrees to pay to the Authority the Management Levy in accordance with this Clause 20. 20.2 The Authority shall be entitled to submit invoices to the Supplier in respect of the Management Levy due each Month based on the Management Information provided pursuant to DPS Schedule 9 (Management Information). 20.3 Unless otherwise agreed in writing, the Supplier shall pay by BACS (or by such other means as the Authority may from time to time reasonably require)) the amount stated in any invoice submitted under Clause 20.2 to such account as shall be stated in the invoice (or otherwise notified from time to time by the Authority to the Supplier) within thirty (30) calendar days of the date of issue of the invoice. 20.4 The Management Levy shall apply to the full Charges as specified in each and every Contract and shall not be varied as a result of any discount or any reduction in the Charges due to the application of any Service Credits (as defined in Annex 2 of DPS Schedule 4 (Template Contract Order Form and Template Contract terms) and/or any other deductions made under any Contract. 20.5 NOT USED 20.6 Interest shall be payable on any late payments of the Management Levy under this Dynamic Purchasing System Agreement in accordance with the Late Payment of Commercial Debts (Interest) Xxx 0000. 20.7 The Supplier acknowledges and agrees that the Authority may at any time during the Dynamic Purchasing System Period and upon serving two months’ written notice, introduce a new electronic system to monitor and collect the Management Levy (the “System”) and upon receipt of the written notice the Supplier shall use its best endeavours to implement the System. 20.8 In the event that any new electronics system to monitor and collect is introduced, the Authority reserves the right to revert to a manual system to monitor and collect the Management Levy, upon providing two months’ written notice to the Supplier. 20.9 The Authority reserves the right to increase the Management Levy at any time after the first Contract Year. The Management Levy will not increase by: 20.9.1 more than 0.5% in any one Contract Year; 20.9.2 more than 1.5% in total over the DPS period.

MANAGEMENT LEVY. 20.1 10.1 In consideration Consideration of LPP appointing any Potential Provider to the establishment and award of this Dynamic Purchasing System Agreement DPS and the management and administration by LPP the Contracting Authority of the sameoverall DPS structure and associated documentation, all DPS Providers who obtain contracts under the Supplier agrees to DPS shall pay to LPP a Management Levy. Each payment shall be made to a nominated bank account notified by LPP, this may change from time to time. 10.2 The Management levy is 1% (one percent) of the Authority total charges invoiced by the Provider to all Contracting Authorities under the DPS Call-Off Contracts excluding VAT. Based on the Contract Management Levy Information provided by the Provider to LPP in accordance with this Clause 2010 and receipt of an invoice from LPP in accordance with Clause 10.1 above, the Provider shall pay the Management Charge to LPP bi-annually. There is no charge for Providers who apply to join and are admitted to the DPS. 20.2 The Authority 10.3 LPP shall be entitled to submit invoices to invoice the Supplier in respect of accordance with the timescales and frequency referred to in Clause 10.2 above. 10.4 The Providers will pay the Management Levy due each Month based on the Management Information provided pursuant to DPS Schedule 9 (Management Information). 20.3 Unless otherwise agreed in writing, the Supplier shall pay by BACS (or by such other means as the Authority may from time to time reasonably require)) the amount stated in any invoice submitted under Clause 20.2 to such account as shall be stated in the invoice (or otherwise notified from time to time by the Authority to the Supplier) within thirty (30) calendar 28 days of the date of issue of the invoice. 20.4 10.5 In the event that the Provider does not pay the invoice referred to in Clause 10.3, either in whole or in part, Clause 10.6 shall continue to apply. 10.6 The Management Levy shall apply to the full Charges as charges specified in each and every Contract resulting from a DPS call –off and shall not be varied the Provider agrees and acknowledges that LPP and/or the Contracting Authority may in addition to any other remedy they may have treat any failure to pay the Management Levy as a result fundamental breach of any discount or any reduction in the Charges due to the application terms of any Service Credits (as defined in Annex 2 of this DPS Schedule 4 (Template Contract Order Form and Template Contract terms) and/or any other deductions made under any ContractAgreement. 20.5 NOT USED10.7 The Management Charge is deemed to be exclusive of Value Added Tax (VAT). Where VAT is payable on the Management Charge it shall be paid by the Provider on production of a valid VAT invoice by LPP. 20.6 10.8 Interest shall be payable by the Provider to LPP on any late payments of the ABI Management Levy Charge under this Dynamic Purchasing System Agreement Contract in accordance with the Late Payment of Commercial Debts (Interest) Xxx 0000. 20.7 10.9 The Supplier Provider acknowledges and agrees that the Authority LPP may at any time during the Dynamic Purchasing System Period Term of Contract and upon serving two months’ written notice, introduce a new an electronic system to monitor and collect the Management Levy (the “System”) and upon receipt of the written notice the Supplier shall Provider shall, use its best endeavours to implement the System. 20.8 In the event that any new electronics system to monitor and collect is introduced, the Authority reserves 10.10 LPP reserve the right to revert to a manual system to monitor and collect the Management Levy, upon providing two months’ written notice to the SupplierProvider. 20.9 The Authority reserves 10.11 LPP reserve the right to increase visit the Provider’s premises at any time to carry out audits of invoices issued to Contracting Authorities. LPP will provide one week’s written notice of the intention to audit the Provider. 10.12 LPP will incur no costs whatsoever or howsoever incurred in relation to the Provider’s compliance with this Clause. 10.13 In the event of any dispute between the amount of the amount of any Reconciled Management Levy Balance owing by or due to the Provider, the following provisions shall apply: If following the conduct of an audit by LPP of the Provider pursuant to Clause 10.11 above or if in the reasonable opinion of LPP, the Reconciled Management Levy Balance as detailed in the Reconciliation Statement is incorrect and/or the Provider has failed to pay LPP the correct Management Levy Reconciled Balance(s), LPP shall provide a written notice to the Provider detailing: the discrepancies between the amount of the Reconciled Management Levy Balance identified in the Reconciled Statement and/or paid by the Provider and such sums calculated by LPP as being due and payable by the Provider, together with LPP’s calculations and supporting evidence; the reasonable time period by which any Reconciled Balance due to LPP, if any, shall be paid by the Provider to LPP (the “Management Levy Reconciliation Notice”). 10.14 Upon receipt of the Management Levy at any time after Reconciliation Notice the first Contract Year. The Provider shall have 5 Working Days from receipt by it of the Reconciliation Notice to respond in writing to the Management Levy will Reconciliation Notice and the Provider shall confirm and detail its reasons for the miscalculation or underpayment, together with supporting calculations. If the Provider has not increase by:responded to the Management Levy Reconciliation Notice within the requirements of this Clause 10.2, it shall be deemed to have accepted the Management Levy Reconciliation Notice and shall pay LPP any additional Management levy within the time periods stated in the Management levy Reconciliation Notice. 20.9.1 more than 0.5% 10.15 If the Parties are unable to agree any amount of the Management Levy payable by the Provider to LPP, the dispute shall be resolved in any one Contract Year;accordance with Clause 43 of the General Terms and Conditions. INTERPRETATION TERM SCOPE OF THIS AGREEMENT PROVIDERS APPOINTMENT SPECIAL TERMS AND CONDITIONS - FUNDING NON-EXCLUSIVTY ESTABLISHING THE DYNAMIC PURCHASING SYSTEM WARRANTIES AND REPRESENTATIONS PREVENTION OF BRIBERY AND CORRUPTION CONFLICTS OF INTEREST TENDERING FROM THE DPS – CALL-OFF PROCEDURE PRICES FOR GOODS, SERVICES AND/OR WORKS STATUTORY REQUIREMENTS FORM OF ORDER ORDERING PROCEDURE RETROSPECTIVE PAYMENTS SOCIAL RESPONSIBILITY PROVIDERS STAFF CALL-OFF CONTRACT PERFORMANCE PROVISION OF MANAGEMENT INFORMATION RECORDS AND AUDIT ACCESS CONFIDENTIALITY OFFICIAL SECRETS ACT DATA PROTECTION ACT AND FREEDOM OF INFORMATION ACT PUBLICITY TERMINATION SUSPENSION OF PROVIDERS APPOINTMENT CONSEQUENCES OF TERMINATION AND EXPIRY LIABILITY INSURANCE GUARANTEE (IF REQUIRED) TRANSFER AND SUB-CONTRACTING VARIATION DYNAMIC PURCHASING SYSTEM REVIEW RIGHTS OF THIRD PARTIES SEVERABILITY CUMULATIVE REMEDIES WAIVER ENTIRE AGREEMENT NOTICES COMPLAINTS HANDLING AND RESOLUTION FORCE MAJEURE DISPUTE RESOLUTION LAW AND JURISDICTION SCHEDULE 1 – THE GOODS, SERVICES AND/OR WORKS SPECIFICATION SCHEDULE 2 – AWARD CRITERIA SCHEDULE 3 – PRICING MATRICES SCHEDULE 4 – CUSTOMER ACCESS AGREEMENT SCHEDULE 5 – MANAGEMENT INFORMATION REQUIREMENTS SCHEDULE 6 – FREEDOM OF INFORMATION EXCLUSION SCHEDULE SCHEDULE 7 – DYNAMIC PURCHASING SYSTEM VARIATION PROCEDURE SCHEDULE 8 – RETROSPECTIVE PAYMENT CERTIFICATE SCHEDULE 9 – CALL-OFF TERMS AND CONDITIONS APPENDIX 1 – ORDER FORM APPENDIX 2 – CUSTOMER VARIATION FORM THIS AGREEMENT is made on BETWEEN:- 20.9.2 more than 1.5% in total over (1) Guy’s and St Xxxxxx’ NHS Foundation Trust (as host of the DPS periodNHS London Procurement Partnership ("LPP") whose principal place of business is at 000 Xxxxx Xxxxx Xxxxxx , Xxxxxx XX0 0XX and (2) [ ] whose registered address is at [ ] Company Registration Number: [ ] (the "Provider").

MANAGEMENT LEVY. 20.1 In consideration of the establishment and award of this Dynamic Purchasing System Agreement and the management and administration by the Authority of the same, the Supplier agrees to pay to the Authority the Management Levy in accordance with this Clause 20. 20.2 The Authority shall be entitled to submit invoices to the Supplier in respect of the Management Levy due each Month based on the Management Information provided pursuant to DPS Schedule 9 (Management Information)., and adjusted: 20.3 Unless otherwise agreed in writing, the Supplier shall pay by BACS (or by such other means as the Authority may from time to time reasonably require)) the amount stated in any invoice submitted under Clause 20.2 to such account as shall be stated in the invoice (or otherwise notified from time to time by the Authority to the Supplier) within thirty (30) calendar days of the date of issue of the invoice. 20.4 The Management Levy shall apply to the full Charges as specified in each and every Contract and shall not be varied as a result of any discount or any reduction in the Charges due to the application of any Service Credits (as defined in Annex 2 of DPS Schedule 4 (Template Contract Order Form and Template Contract terms) and/or any other deductions made under any Contract. 20.5 NOT USED 20.6 Interest shall be payable on any late payments of the Management Levy under this Dynamic Purchasing System Agreement in accordance with the Late Payment of Commercial Debts (Interest) Xxx 0000. 20.7 The Supplier acknowledges and agrees that the Authority may at any time during the Dynamic Purchasing System Period and upon serving two months’ written notice, introduce a new electronic system to monitor and collect the Management Levy (the “System”) and upon receipt of the written notice the Supplier shall use its best endeavours to implement the System. 20.8 In the event that any new electronics system to monitor and collect is introduced, the Authority reserves the right to revert to a manual system to monitor and collect the Management Levy, upon providing two months’ written notice to the Supplier. 20.9 The Authority reserves the right to increase the Management Levy Xxxx at any time after the first Contract Year. The Management Levy Xxxx will not increase by: 20.9.1 more than 0.5% in any one Contract Year; 20.9.2 more than 1.5% in total over the DPS period.

MANAGEMENT LEVY. 20.1 10.1 In consideration Consideration of LPP appointing any Potential Provider to the establishment and award of this Dynamic Purchasing System Agreement DPS and the management and administration by LPP the Contracting Authority of the sameoverall DPS structure and associated documentation, all DPS Providers who obtain contracts under the Supplier agrees to DPS shall pay to LPP a Management Levy. Each payment shall be made to a nominated bank account notified by LPP, this may change from time to time. 10.2 The Management levy is 1% (one percent) of the Authority total charges invoiced by the Provider to all Contracting Authorities under the DPS Call-Off Contracts excluding VAT. Based on the Contract Management Levy Information provided by the Provider to LPP in accordance with this Clause 20.10 and receipt of an invoice from LPP in accordance with Clause 10.1 above, the Provider shall pay the ABI Management Charge to LPP bi-annually. There is no charge for Providers who apply to join and are admitted to the DPS 20.2 The Authority 10.3 LPP shall be entitled to submit invoices to invoice the Supplier in respect of accordance with the Management Levy due each Month based on the Management Information provided pursuant timescales and frequency referred to DPS Schedule 9 (Management Information)in Clause 10.2 above. 20.3 Unless otherwise agreed in writing, 10.4 The Providers will pay the Supplier shall pay by BACS (or by such other means as the Authority may from time to time reasonably require)) the amount stated in any invoice submitted under Clause 20.2 to such account as shall be stated in the invoice (or otherwise notified from time to time by the Authority to the Supplier) ABI charges within thirty (30) calendar 28 days of the date of issue of the invoice. 20.4 10.5 In the event that the Provider does not pay the invoice referred to in Clause 10.3, either in whole or in part, Clause 10.6 shall continue to apply. 10.6 The Management Levy shall apply to the full Charges as charges specified in each and every Contract resulting from a DPS call –off and shall not be varied the Provider agrees and acknowledges that LPP and/or the Contracting Authority may in addition to any other remedy they may have treat any failure to pay the Management Levy as a result fundamental breach of any discount or any reduction in the Charges due to the application terms of any Service Credits (as defined in Annex 2 of this DPS Schedule 4 (Template Contract Order Form and Template Contract terms) and/or any other deductions made under any ContractAgreement. 20.5 NOT USED10.7 The Management Charge is deemed to be exclusive of Value Added Tax (VAT). Where VAT is payable on the Management Charge it shall be paid by the Provider on production of a valid VAT invoice by LPP. 20.6 10.8 Interest shall be payable by the Provider to LPP on any late payments of the ABI Management Levy Charge under this Dynamic Purchasing System Agreement Contract in accordance with the Late Payment of Commercial Debts (Interest) Xxx 0000. 20.7 10.9 The Supplier Provider acknowledges and agrees that the Authority LPP may at any time during the Dynamic Purchasing System Period Term of Contract and upon serving two months’ written notice, introduce a new an electronic system to monitor and collect the Management Levy (the “System”) and upon receipt of the written notice the Supplier shall Provider shall, use its best endeavours to implement the System. 20.8 In the event that any new electronics system to monitor and collect is introduced, the Authority reserves 10.10 LPP reserve the right to revert to a manual system to monitor and collect the Management Levy, upon providing two months’ written notice to the SupplierProvider. 20.9 The Authority reserves 10.11 LPP reserve the right to increase visit the Provider’s premises at any time to carry out audits of invoices issued to Contracting Authorities. LPP will provide one week’s written notice of the intention to audit the Provider. 10.12 LPP will incur no costs whatsoever or howsoever incurred in relation to the Provider’s compliance with this Clause. 10.13 In the event of any dispute between the amount of the amount of any Reconciled Management Levy Balance owing by or due to the Provider, the following provisions shall apply: If following the conduct of an audit by LPP of the Provider pursuant to Clause 10.11 above or if in the reasonable opinion of LPP, the Reconciled Management Levy Balance as detailed in the Reconciliation Statement is incorrect and/or the Provider has failed to pay LPP the correct Management Levy Reconciled Balance(s), LPP shall provide a written notice to the Provider detailing: the discrepancies between the amount of the Reconciled Management Levy Balance identified in the Reconciled Statement and/or paid by the Provider and such sums calculated by LPP as being due and payable by the Provider, together with LPP’s calculations and supporting evidence; the reasonable time period by which any Reconciled Balance due to LPP, if any, shall be paid by the Provider to LPP (the “Management Levy Reconciliation Notice”). 10.14 Upon receipt of the Management Levy at any time after Reconciliation Notice the first Contract Year. The Provider shall have 5 Working Days from receipt by it of the Reconciliation Notice to respond in writing to the Management Levy will Reconciliation Notice and the Provider shall confirm and detail its reasons for the miscalculation or underpayment, together with supporting calculations. If the Provider has not increase by:responded to the Management Levy Reconciliation Notice within the requirements of this Clause 10.2, it shall be deemed to have accepted the Management Levy Reconciliation Notice and shall pay LPP any additional Management levy within the time periods stated in the Management levy Reconciliation Notice. 20.9.1 more than 0.5% 10.15 If the Parties are unable to agree any amount of the Management Levy payable by the Provider to LPP, the dispute shall be resolved in any one Contract Year;accordance with Clause 43 of the General Terms and Conditions. INTERPRETATION TERM SCOPE OF THIS AGREEMENT PROVIDERS APPOINTMENT SPECIAL TERMS AND CONDITIONS - FUNDING NON-EXCLUSIVTY ESTABLISHING THE DYNAMIC PURCHASING SYSTEM WARRANTIES AND REPRESENTATIONS PREVENTION OF BRIBERY AND CORRUPTION CONFLICTS OF INTEREST TENDERING FROM THE DPS – CALL-OFF PROCEDURE PRICES FOR GOODS, SERVICES AND/OR WORKS STATUTORY REQUIREMENTS FORM OF ORDER ORDERING PROCEDURE RETROSPECTIVE PAYMENTS SOCIAL RESPONSIBILITY PROVIDERS STAFF CALL-OFF CONTRACT PERFORMANCE PROVISION OF MANAGEMENT INFORMATION RECORDS AND AUDIT ACCESS CONFIDENTIALITY OFFICIAL SECRETS ACT DATA PROTECTION ACT AND FREEDOM OF INFORMATION ACT PUBLICITY TERMINATION SUSPENSION OF PROVIDERS APPOINTMENT CONSEQUENCES OF TERMINATION AND EXPIRY LIABILITY INSURANCE GUARANTEE (IF REQUIRED) TRANSFER AND SUB-CONTRACTING VARIATION DYNAMIC PURCHASING SYSTEM REVIEW RIGHTS OF THIRD PARTIES SEVERABILITY CUMULATIVE REMEDIES WAIVER ENTIRE AGREEMENT NOTICES COMPLAINTS HANDLING AND RESOLUTION FORCE MAJEURE DISPUTE RESOLUTION LAW AND JURISDICTION SCHEDULE 1 – THE GOODS, SERVICES AND/OR WORKS SPECIFICATION SCHEDULE 2 – AWARD CRITERIA SCHEDULE 3 – PRICING MATRICES SCHEDULE 4 – CUSTOMER ACCESS AGREEMENT SCHEDULE 5 – MANAGEMENT INFORMATION REQUIREMENTS SCHEDULE 6 – FREEDOM OF INFORMATION EXCLUSION SCHEDULE SCHEDULE 7 – DYNAMIC PURCHASING SYSTEM VARIATION PROCEDURE SCHEDULE 8 – RETROSPECTIVE PAYMENT CERTIFICATE SCHEDULE 9 – CALL-OFF TERMS AND CONDITIONS APPENDIX 1 – ORDER FORM APPENDIX 2 – CUSTOMER VARIATION FORM THIS AGREEMENT is made on BETWEEN:- 20.9.2 more than 1.5% in total over (1) Guy’s and St Xxxxxx’ NHS Foundation Trust ( as host of the DPS periodNHS London Procurement Partnership ("LPP") whose principal place of business is at 000 Xxxxx Xxxxx Xxxxxx , Xxxxxx XX0 0XX and (2) [ ] whose registered address is at [ ] Company Registration Number: [ ] (the "Provider").