Common use of MI Failures Clause in Contracts

MI Failures. If a MI Report: contains any material errors or material omissions or a missing mandatory field; or is submitted using an incorrect MI Reporting Template; or is not submitted by the Reporting Date (including where a Nil Return should have been filed); or then the Authority may deem the failure to submit a MI Report correctly an “MI Failure”. Following an MI Failure the Authority may issue reminders to the Supplier or require the Supplier to rectify defects in the MI Report provided to the Authority. The Supplier shall rectify any deficient or incomplete MI Report as soon as possible and not more than five (5) Working Days following receipt of any such reminder. Admin Fees If, in any rolling three Month period, two or more MI Failures occur, the Supplier acknowledges and agrees Authority shall have the right to invoice the Supplier Admin Fees and (subject to paragraph 5.7) in respect of any MI Failures as they arise in subsequent Months. If, following activation of the Authority’s right to charge Admin Fee(s) in respect of MI Failures pursuant to paragraph 5.6, the Supplier submits the Monthly MI Report for two consecutive Months and no MI Failure occurs then the right to charge the Admin Fee(s) shall lapse. For the avoidance of doubt the Authority shall not be prevented from exercising such right again during the Term if the conditions in paragraph 5.6 are met. The Supplier acknowledges and agrees that the Admin Fees are a fair reflection of the additional costs incurred by the Authority as a result of the Supplier failing to supply Management Information as required by this Framework Agreement. The Authority shall notify the Supplier if any Admin Fees arise pursuant to paragraph 5.6 above and shall be entitled to invoice the Supplier for such Admin Fees which shall be payable in accordance with clause 16 as a supplement to the Management Charge. Any exercise by the Authority of its rights under this paragraph shall be without prejudice to any other rights that may arise pursuant to the terms of the Framework Agreement.