Common use of Minimising Disruption Clause in Contracts

Minimising Disruption. 13.1 If it appears likely to the Contractor that any planned works or activities to be carried out by the Contractor under the Agreement will necessitate interruption to or restriction of the System and/or require access to any Purchaser Property, then the Contractor shall notify Purchaser not less than fourteen (14) days prior to such planned works or activities. 13.2 In the event of any unplanned works or activities to be carried out by the Contractor as a result of a System Fault or otherwise, then the Contractor shall notify Purchaser as soon as possible of the nature of such works or activities and the likely disruption or restriction of the System. 13.3 The Contractor shall perform the Services: 13.3.1 so as not to prejudice the health or safety of, or unreasonably interfere with the proper performance of the duties of the Purchaser, employees and third parties, or the availability of any Purchaser Property, or otherwise expose Purchaser to liability under the Health and Safety at Work etc. Act 1974 or the Transport and Works Act 1992 or any other legislation relating to health and safety; 13.3.2 so as to maximise the availability and uptime of the System; and 13.3.3 in a safe manner and so that the System is capable of being operated in a safe and efficient manner free from any unreasonable risk to the health and wellbeing of persons using or maintaining it and free from any reasonably avoidable risk of pollution, nuisance, interference or hazard. 13.4 Where it is not practical to correct a Fault immediately, but a temporary workaround repair is possible, then the Contractor will: 13.4.1 propose that temporary workaround / repair to the Purchaser; and 13.4.2 if Purchaser agrees implement that temporary workaround/repair. To be clear implementing such a temporary workaround/repair does not relieve the Contractor of its obligation to permanently rectify Faults.

Minimising Disruption. 13.1 12.1 If it appears likely to the Contractor that any planned works or activities to be carried out by the Contractor under the Agreement will necessitate interruption to or restriction of the System Managed Service and/or require access to any Purchaser Property, then the Contractor shall notify Purchaser not less than fourteen (14) days prior to such planned works or activities. 13.2 12.2 In the event of any unplanned works or activities to be carried out by the Contractor as a result of a System Managed Service Fault or otherwise, then the Contractor shall notify Purchaser as soon as possible of the nature of such works or activities and the likely disruption or restriction of the SystemManaged Service. 13.3 12.3 The Contractor shall perform the Services: 13.3.1 12.3.1 so as not to prejudice the health or safety of, or unreasonably interfere with the proper performance of the duties of the Purchaser, employees and third parties, or the availability of any Purchaser Property, or otherwise expose Purchaser to liability under the Health and Safety at Work etc. Act 1974 or the Transport and Works Act 1992 or any other legislation relating to health and safety; 13.3.2 12.3.2 so as to maximise the availability and uptime of the SystemManaged Service; and 13.3.3 12.3.3 in a safe manner and so that the System Managed Service is capable of being operated in a safe and efficient manner free from any unreasonable risk to the health and wellbeing of persons using or maintaining it and free from any reasonably avoidable risk of pollution, nuisance, interference or hazard. 13.4 12.4 Where it is not practical to correct a Fault immediately, but a temporary workaround repair is possible, then the Contractor will, without prejudice to its obligations to permanently rectify Faults: 13.4.1 12.4.1 propose that temporary workaround / repair to the Purchaser; and 13.4.2 12.4.2 if the Purchaser agrees agrees, implement that temporary workaround/repair. To be clear implementing such a temporary workaround/repair does not relieve the Contractor of its obligation to permanently rectify Faults.