Payment Procedures and Approvals. 7.1 The Service Provider shall invoice the Authority in respect of the Charges: 7.1.1 monthly in arrears during the Call-Off Contract Term; or 7.1.2 at such dates or at the end of such other periods as may be specified in the relevant Call-Off Contract; or 7.1.3 if specified in a Call-Off Contract, on completion of each milestone. It is a condition precedent of the submission of an invoice on completion of a milestone that all preceding milestones specified in the relevant Call-Off Contract have been completed. 7.2 The Service Provider shall submit invoices to the address set out in each Call-Off Contract, each such invoice shall contain all information required by the Authority including the Agreement Number, relevant Call-Off Contract Number, SAP order number, the Authority Account Details, the Service Provider’s name and address, a separate calculation of VAT and a brief description of the Services provided. Invoices shall be clear, concise, accurate, and adequately descriptive to avoid delays in processing subsequent payment. 7.3 In the event of a variation to the Services in accordance with this Agreement or the relevant Call-Off Contract that involves the payment of additional charges to the Service Provider, the Service Provider shall identify these separately on the relevant invoice. 7.4 If the Authority considers that the Charges claimed by the Service Provider in any invoice have under the relevant Call-Off Contract: 7.4.1 been correctly calculated and that such invoice is otherwise correct, the invoice shall be approved and payment shall be made by bank transfer (Bank Automated Clearance System (BACS)) or such other method as the Authority may choose from time to time within 30 days of receipt of such invoice or such other time period as may be specified in the relevant Call-Off Contract; 7.4.2 not been calculated correctly and/or if the invoice contains any other error or inadequacy, the Authority shall notify the Service Provider and the Parties shall work together to resolve the error or inadequacy. Upon resolution, the Service Provider shall submit a revised invoice to the Authority. 7.5 No payment made by the Authority (including any final payment) or act or omission or approval by the Authority or contract Manager or Call-Off Co- ordinator (whether related to payment or otherwise) shall: 7.5.1 indicate or be taken to indicate the Authority’s acceptance or approval of the Services or any part of them or any act or omission of the Service Provider, or otherwise prejudice any rights, powers or remedies which the Authority may have against the Service Provider, or absolve the Service Provider from any obligation or liability imposed on the Service Provider under this Agreement or a Call-Off Contract; or 7.5.2 prevent the Authority from recovering any amount overpaid or wrongfully paid including payments made to the Service Provider by mistake of law or fact. Without prejudice to Clause 19, the Authority shall be entitled to withhold such amount from any sums due or which may become due to the Service Provider or the Authority may recover such amount as a debt under this Agreement or a Call-Off Contract.
Appears in 6 contracts
Samples: Framework Agreement for the Provision of Services, Framework Agreement, Framework Agreement
Payment Procedures and Approvals. 7.1 5.1 The Service Provider shall invoice the Authority in respect of the Charges:
7.1.1 monthly 5.1.1 where no Milestones are specified in arrears during the Call-Off Contract Term; or
7.1.2 Schedule 4, at such dates or at the end of such other periods as may be specified in the relevant Call-Off ContractSchedule 1; or
7.1.3 5.1.2 if specified in a Call-Off ContractSchedule 4, on completion of each milestone. It is a condition precedent of the submission of an invoice on completion of a milestone Milestone provided that all any preceding milestones specified in the relevant Call-Off Contract Milestones have been completedcompleted in accordance with the Contract, and shall not make any separate charge for submitting any invoice.
7.2 5.2 The Service Provider shall submit invoices to the postal address set out in each Call-Off ContractSchedule 1 or, each where an electronic format for submission of invoices is set out in Schedule 1, such electronic format shall, unless the Authority requires otherwise, be used. Each such invoice shall contain all information required by the Authority including the Agreement Number, relevant Call-Off Contract Reference Number, SAP order number, the Authority Account Details, the Service Provider’s name and address, a separate calculation of VAT and a brief description of the Services provided. Invoices shall be clear, concise, accurate, and adequately descriptive to avoid delays in processing subsequent payment.
7.3 5.3 In the event of a variation to the Services in accordance with this Agreement or the relevant Call-Off Contract that involves the payment of additional charges to the Service Provider, the Service Provider shall identify these separately on the relevant invoiceinvoices.
7.4 5.4 If the Authority considers that the Charges claimed by the Service Provider in any invoice have under the relevant Call-Off Contracthave:
7.4.1 5.4.1 been correctly calculated and that such invoice is otherwise correct, the invoice shall be approved and payment shall be made by bank transfer (Bank Automated Clearance System (BACS)) or such other method as the Authority may choose from time to time within 30 days of receipt of such invoice or such other time period as may be specified in the relevant Call-Off ContractSchedule 1;
7.4.2 5.4.2 not been calculated correctly and/or if the invoice contains any other error or inadequacy, the Authority shall notify the Service Provider and the Parties shall work together to resolve the error or inadequacy. Upon resolution, the Service Provider shall submit a revised invoice to the Authority.
7.5 5.5 No payment made by the Authority (including any final payment) or act or omission or approval by the Authority or contract Contract Manager or Call-Off Co- ordinator Procurement Manager (whether related to payment or otherwise) shall:
7.5.1 5.5.1 indicate or be taken to indicate the Authority’s acceptance or approval of the Services or any part of them or any act or omission of the Service Provider, or otherwise prejudice any rights, powers or remedies which the Authority may have against the Service Provider, or absolve the Service Provider from any obligation or liability imposed on the Service Provider under this Agreement or a Call-Off by virtue of the Contract; or
7.5.2 5.5.2 prevent the Authority from recovering any amount overpaid or wrongfully paid including payments made to the Service Provider by mistake of law or fact. Without prejudice to Clause 1917, the Authority shall be entitled to withhold such amount from any sums due or which may become due to the Service Provider or the Authority may recover such amount as a debt debt.
5.6 Except where otherwise provided in the Contract, the Charges shall be inclusive of all costs of staff, facilities, equipment, materials and other expenses whatsoever incurred by the Service Provider in discharging its obligations under the Contract.
5.7 Interest shall accrue at the interest rate of two percent (2%) above the base rate of HSBC Bank plc from time to time on all sums due and payable under this Agreement or Contract from the due date until the date of actual payment (both before and after judgement). All such interest shall be calculated on the basis of the actual number of days elapsed, over a Call-Off Contractthree hundred and sixty five (365) day year and compounded at monthly intervals. The parties agree that this provision constitutes a substantial remedy for late payment of any sum payable under the Contract in accordance with s8(2) of the Late Payment of Commercial Debts (Interest) Act 1998.
Appears in 4 contracts
Samples: Contract for Services, Contract for Services, Contract for Services
Payment Procedures and Approvals. 7.1 5.1 The Service Provider shall invoice the Authority in respect of the Charges:
7.1.1 monthly 5.1.1 where no Milestones are specified in arrears during the Call-Off Contract Term; or
7.1.2 Schedule 4, at such dates or at the end of such other periods as may be specified in the relevant Call-Off ContractSchedule 1; or
7.1.3 5.1.2 if specified in a Call-Off ContractSchedule 4, on completion of each milestone. It is a condition precedent of the submission of an invoice on completion of a milestone Milestone provided that all any preceding milestones specified in the relevant Call-Off Contract Milestones have been completed.completed in accordance with the Contract,
7.2 5.2 The Service Provider shall submit invoices to the postal address set out in each Call-Off ContractSchedule 1 or, each where an electronic format for submission of invoices is set out in Schedule 1, such electronic format shall, unless the Authority requires otherwise, be used. Each such invoice shall contain all information required by the Authority including the Agreement Number, relevant Call-Off Contract Reference Number, SAP order number, the Authority Account Details, the Service Provider’s name and address, a separate calculation of VAT and a brief description of the Services provided. Invoices shall be clear, concise, accurate, and adequately descriptive to avoid delays in processing subsequent payment.
7.3 5.3 In the event of a variation to the Services in accordance with this Agreement or the relevant Call-Off Contract that involves the payment of additional charges to the Service Provider, the Service Provider shall identify these separately on the relevant invoiceinvoices.
7.4 5.4 If the Authority considers that the Charges claimed by the Service Provider in any invoice have under the relevant Call-Off Contracthave:
7.4.1 5.4.1 been correctly calculated and that such invoice is otherwise correct, the invoice shall be approved and payment shall be made by bank transfer (Bank Automated Clearance System (BACS)) or such other method as the Authority may choose from time to time within 30 days of receipt of such invoice or such other time period as may be specified in the relevant Call-Off ContractSchedule 1;
7.4.2 5.4.2 not been calculated correctly and/or if the invoice contains any other error or inadequacy, the Authority shall notify the Service Provider and the Parties shall work together to resolve the error or inadequacy. Upon resolution, the Service Provider shall submit a revised invoice to the Authority.
7.5 5.5 No payment made by the Authority (including any final payment) or act or omission or approval by the Authority or contract Contract Manager or Call-Off Co- ordinator Procurement Manager (whether related to payment or otherwise) shall:
7.5.1 5.5.1 indicate or be taken to indicate the Authority’s acceptance or approval of the Services or any part of them or any act or omission of the Service Provider, or otherwise prejudice any rights, powers or remedies which the Authority may have against the Service Provider, or absolve the Service Provider from any obligation or liability imposed on the Service Provider under this Agreement or a Call-Off by virtue of the Contract; or
7.5.2 5.5.2 prevent the Authority from recovering any amount overpaid or wrongfully paid including payments made to the Service Provider by mistake of law or fact. Without prejudice to Clause 1917, the Authority shall be entitled to withhold such amount from any sums due or which may become due to the Service Provider or the Authority may recover such amount as a debt debt.
5.6 Except where otherwise provided in the Contract, the Charges shall be inclusive of all costs of staff, facilities, equipment, materials and other expenses whatsoever incurred by the Service Provider in discharging its obligations under the Contract.
5.7 Interest shall accrue at the interest rate of two percent (2%) above the base rate of HSBC Bank plc from time to time on all sums due and payable under this Agreement or Contract from the due date until the date of actual payment (both before and after judgement). All such interest shall be calculated on the basis of the actual number of days elapsed, over a Call-Off Contractthree hundred and sixty five (365) day year and compounded at monthly intervals. The parties agree that this provision constitutes a substantial remedy for late payment of any sum payable under the Contract in accordance with s8(2) of the Late Payment of Commercial Debts (Interest) Act 1998.
Appears in 3 contracts
Samples: Contract for Services, Contract for Services, Contract for Services
Payment Procedures and Approvals. 7.1 5.1 The Service Provider shall invoice the Authority in respect of the Charges:
7.1.1 Charges monthly in arrears during the Call-Off Contract Term; or
7.1.2 or at such dates or at the end of such other periods as may be specified in the relevant Call-Off Contract; orSection 6.
7.1.3 if specified in a Call-Off Contract, on completion of each milestone. 5.2 It is a condition precedent of the submission of an invoice on completion of a milestone that all preceding milestones specified in the relevant Call-Off Contract Section 4 have been completed.
7.2 5.3 The Service Provider shall submit invoices to the address set out in each Call-Off ContractSchedule 1, each such invoice shall contain all information required by the Authority including the Agreement Number, relevant Call-Off Contract Number, SAP order number, the Authority Authority’s Account Details, the Service Provider’s name and address, a separate calculation of VAT and a brief description of the Services provided. Invoices shall be clear, concise, accurate, and adequately descriptive to avoid delays in processing subsequent payment.
7.3 5.4 In the event of a variation to the Services in accordance with this Agreement or the relevant Call-Off Contract that involves the payment of additional fees or charges to the Service Provider, the Service Provider shall identify these separately on the relevant invoice.
7.4 5.5 If the Authority considers that the Charges claimed by the Service Provider in any invoice have under the relevant Call-Off Contracthave:
7.4.1 5.5.1 been correctly calculated and that such invoice is otherwise correct, the invoice shall be approved and payment shall be made by bank transfer (Bank Automated Clearance System (BACS)) or such other method as the Authority may choose from time to time within 30 days of receipt of such invoice or such other time period as may be specified in the relevant Call-Off Contract;Section 6; or
7.4.2 5.5.2 not been calculated correctly and/or if the invoice contains any other error or inadequacy, the Authority shall notify the Service Provider and the Parties shall work together to resolve the error or inadequacy. Upon resolution, the Service Provider shall submit a revised invoice to the Authority.
7.5 5.6 No payment made by the Authority (including any final payment) or act or omission or approval by the Authority or contract its Contract Manager or Call-Off Co- ordinator (whether related to payment or otherwise) shall:
7.5.1 5.6.1 indicate or be taken to indicate the Authority’s acceptance or approval of the Services or any part of them or any act or omission of the Service Provider, or otherwise prejudice any rights, powers or remedies which the Authority may have against the Service Provider, Provider or absolve the Service Provider from any obligation or liability imposed on the Service Provider under this Agreement or a Call-Off ContractProvider; or
7.5.2 5.6.2 prevent the Authority from recovering any amount overpaid or wrongfully paid including payments made to the Service Provider by mistake of law or fact. Without prejudice to Clause 19, the The Authority shall be entitled to withhold such amount from any sums due or which may become due to the Service Provider or the Authority may recover such amount as a debt due under this Agreement or a Call-Off ContractAgreement.
Appears in 2 contracts
Samples: Services Agreement, Services Agreement
Payment Procedures and Approvals. 7.1 5.1 The Service Provider shall invoice the Authority in respect of the Charges:
7.1.1 monthly in arrears during the Call-Off Contract Term; or
7.1.2 at such dates or at the end of such other periods as may be specified in the relevant Call-Off Contract; or
7.1.3 if specified in a Call-Off Contract, 5.1.1 on completion of each milestone. It is a condition precedent of the submission of an invoice on completion of a milestone Milestone set out in Schedule 4 provided that all any preceding milestones specified in the relevant Call-Off Contract Milestones have been completed.completed in accordance with the Contract; and
7.2 5.1.2 all performance measures set out in Schedule 4 have been fully met,
5.2 The Service Provider shall submit invoices to the postal address set out in each Call-Off ContractSchedule 1 or, each where an electronic format for submission of invoices is set out in Schedule 1, such electronic format shall, unless the Authority requires otherwise, be used. Each such invoice shall contain all information required by the Authority including the Agreement Number, relevant Call-Off Contract Reference Number, SAP order number, the Authority Account Details, the Service Provider’s name name, address and addressbank account details to which payment should be made, a separate calculation of VAT and a brief description of the Services provided. Invoices shall be clear, concise, accurate, and adequately descriptive to avoid delays in processing subsequent payment.
7.3 5.3 In the event of a variation to the Services in accordance with this Agreement or the relevant Call-Off Contract that involves the payment of additional charges to the Service Provider, the Service Provider shall identify these separately on the relevant invoiceinvoices.
7.4 5.4 The Authority shall consider and verify each invoice, which is submitted by the Service Provider in accordance with this Clause 5, in a timely manner. If the Authority considers that the Charges claimed by the Service Provider in any invoice have under the relevant Call-Off Contracthave:
7.4.1 5.4.1 been correctly calculated and that such invoice is otherwise correct, the invoice shall be approved and payment shall be made by bank transfer (Bank Automated Clearance System (BACS)) or such other method as the Authority may choose from time to time within 30 days of receipt of such invoice or such other time period as may be specified in the relevant Call-Off ContractSchedule 1;
7.4.2 5.4.2 not been calculated correctly and/or or if the invoice contains any other error or inadequacy, the Authority shall notify the Service Provider and the Parties shall work together to resolve the error or inadequacy. Upon resolution, the Service Provider shall submit a revised invoice to the Authority. The Authority shall not be entitled to treat any properly submitted invoice as disputed or incorrect solely due to its own undue delay in considering and verifying it.
7.5 5.5 No payment made by the Authority (including any final payment) or act or omission or approval by the Authority or contract Contract Manager or Call-Off Co- ordinator Procurement Manager (whether related to payment or otherwise) shall:
7.5.1 5.5.1 indicate or be taken to indicate the Authority’s acceptance or approval of the Services or any part of them or any act or omission of the Service Provider, or otherwise prejudice any rights, powers or remedies which the Authority may have against the Service Provider, or absolve the Service Provider from any obligation or liability imposed on the Service Provider under this Agreement or a Call-Off by virtue of the Contract; or
7.5.2 5.5.2 prevent the Authority from recovering any amount overpaid or wrongfully paid including payments made to the Service Provider by mistake of law or fact. Without prejudice to Clause 1917, the Authority shall be entitled to withhold such amount from any sums due or which may become due to the Service Provider or the Authority may recover such amount as a debt debt.
5.6 Except where otherwise provided in the Contract, the Charges shall be inclusive of all costs of staff, facilities, equipment, materials and other expenses whatsoever incurred by the Service Provider in discharging its obligations under the Contract.
5.7 Interest shall accrue at the rate of two percent (2%) above the base rate of the Bank of England from time to time on all sums due and payable under this Agreement or Contract from the due date until the date of actual payment (both before and after judgement). All such interest shall be calculated on the basis of the actual number of days elapsed, over a Call-Off Contractthree hundred and sixty five (365) day year and compounded at monthly intervals. The parties agree that this provision constitutes a substantial remedy for late payment of any sum payable under the Contract in accordance with s8(2) of the Late Payment of Commercial Debts (Interest) Act 1998.
Appears in 1 contract
Samples: Contract for Services
Payment Procedures and Approvals. 7.1 Unless otherwise set out in a Call-Off Contract, the payment and approvals process are set out below.
7.2 The Service Provider shall invoice the Authority in respect of the Charges:
7.1.1 7.2.1 monthly in arrears during the Call-Off Contract Term; or
7.1.2 7.2.2 at such dates or at the end of such other periods as may be specified in the relevant Call-Off Contract; or
7.1.3 7.2.3 if specified in a Call-Off Contract, on completion of each milestoneMilestone. It is a condition precedent of the submission of an invoice on completion of a milestone Milestone that all preceding milestones Milestones specified in the relevant Call-Off Contract have been completed.
7.2 7.3 The Service Provider shall submit invoices to the address set out in each Call- Off Contract or where an electronic format for submission of invoices is set out in each Call-Off Contract, each such electronic format shall, unless the Authority requires otherwise, be used. Each such invoice shall contain all information required by the Authority including the Agreement Number, relevant Call-Off Contract Number, SAP order number or purchase order number, the Authority Account Detailsaccount details, the Service Provider’s name name, address and addressbank account details to which payment should be made, a separate calculation of VAT and a brief description of the Services provided. Invoices shall be clear, concise, accurate, and adequately descriptive to avoid delays in processing subsequent payment.
7.3 7.4 In the event of a variation to the Services in accordance with this Agreement or the relevant Call-Off Contract that involves the payment of additional charges to the Service Provider, the Service Provider shall identify these separately on the relevant invoice.
7.4 7.5 The Authority shall consider and verify each invoice, which is submitted in accordance with this Clause 7, in a timely manner. If the Authority considers that the Charges claimed by the Service Provider in any invoice have under the relevant Call-Off Contract:
7.4.1 7.5.1 been correctly calculated and that such invoice is otherwise correct, the invoice shall be approved and payment shall be made by bank transfer (Bank Automated Clearance System (BACS)) or such other method as the Authority may choose from time to time within 30 days of receipt of such invoice or such other time period as may be specified in the relevant Call-Off Contract;
7.4.2 7.5.2 not been calculated correctly and/or if the invoice contains any other error or inadequacy, the Authority shall notify the Service Provider and the Parties shall work together to resolve the error or inadequacy. Upon resolution, the Service Provider shall submit a revised invoice to the Authority. The Authority shall not be entitled to treat any properly submitted invoice as disputed or incorrect solely due to its own undue delay in considering and verifying it.
7.5 7.6 No payment made by the Authority (including any final payment) or act or omission or approval by the Authority or contract Procurement Manager or Call-Off Co- ordinator (whether related to payment or otherwise) shall:
7.5.1 7.6.1 indicate or be taken to indicate the Authority’s acceptance or approval of the Services or any part of them or any act or omission of the Service Provider, or otherwise prejudice any rights, powers or remedies which the Authority may have against the Service Provider, or absolve the Service Provider from any obligation or liability imposed on the Service Provider under this Agreement or a Call-Off Contract; or
7.5.2 7.6.2 prevent the Authority from recovering any amount overpaid or wrongfully paid including payments made to the Service Provider by mistake of law or fact. Without prejudice to Clause 19, the Authority shall be entitled to withhold such amount from any sums due or which may become due to the Service Provider or the Authority may recover such amount as a debt under this Agreement or a Call-Off Contract.
7.7 Except where otherwise provided in a Call-Off Contract, the Charges shall be inclusive of all costs of staff, facilities, equipment, materials and other expenses whatsoever incurred by the Service Provider in discharging its obligations under the Call-Off Contract.
7.8 Interest shall accrue at the rate of two percent (2%) above the base rate of the Bank of England from time to time on all sums due and payable under this Agreement or a Call-Off Contract from the due date until the date of actual payment (both before and after judgement). All such interest shall be calculated on the basis of the actual number of days elapsed, over a three hundred and sixty five (365) day year and compounded at monthly intervals. The Parties agree that this provision constitutes a substantial remedy for late payment of any sum payable under the Contract in accordance with s8(2) of the Late Payment of Commercial Debts (Interest) Xxx 0000.
Appears in 1 contract
Payment Procedures and Approvals. 7.1 The Service Provider shall invoice the Authority in respect of the Charges:
7.1.1 monthly in arrears during the Call-Off Contract Term; or
7.1.2 at such dates or at the end of such other periods as may be specified in the relevant Call-Off Contract; or
7.1.3 if specified in a Call-Off Contract, on completion of each milestone. It is a condition precedent of the submission of an invoice on completion of a milestone that all preceding milestones specified in the relevant Call-Off Contract have been completed.
7.2 The Service Provider shall submit invoices to the address set out in each Call-Call- Off Contract, each such invoice shall contain all information required by the Authority including the Agreement Number, relevant Call-Off Contract Number, SAP order number, the Authority Account Details, the Service Provider’s name and address, a separate calculation of VAT and a brief description of the Services provided. Invoices shall be clear, concise, accurate, and adequately descriptive to avoid delays in processing subsequent payment.
7.3 In the event of a variation to the Services in accordance with this Agreement or the relevant Call-Off Contract that involves the payment of additional charges to the Service Provider, the Service Provider shall identify these separately on the relevant invoice.
7.4 If the Authority considers that the Charges claimed by the Service Provider in any invoice have under the relevant Call-Off Contract:
7.4.1 been correctly calculated and that such invoice is otherwise correct, the invoice shall be approved and payment shall be made by bank transfer (Bank Automated Clearance System (BACS)) or such other method as the Authority may choose from time to time within 30 days of receipt of such invoice or such other time period as may be specified in the relevant Call-Off Contract;
7.4.2 not been calculated correctly and/or if the invoice contains any other error or inadequacy, the Authority shall notify the Service Provider and the Parties shall work together to resolve the error or inadequacy. Upon resolution, the Service Provider shall submit a revised invoice to the Authority.
7.5 No payment made by the Authority (including any final payment) or act or omission or approval by the Authority or contract Manager or Call-Off Co- ordinator (whether related to payment or otherwise) shall:
7.5.1 indicate or be taken to indicate the Authority’s acceptance or approval of the Services or any part of them or any act or omission of the Service Provider, or otherwise prejudice any rights, powers or remedies which the Authority may have against the Service Provider, or absolve the Service Provider from any obligation or liability imposed on the Service Provider under this Agreement or a Call-Off Contract; or
7.5.2 prevent the Authority from recovering any amount overpaid or wrongfully paid including payments made to the Service Provider by mistake of law or fact. Without prejudice to Clause 19, the Authority shall be entitled to withhold such amount from any sums due or which may become due to the Service Provider or the Authority may recover such amount as a debt under this Agreement or a Call-Off Contract.
Appears in 1 contract
Payment Procedures and Approvals. 7.1 The Service Provider shall invoice the Authority in respect of the Charges:
7.1.1 monthly in arrears during the Call-Off Contract Term; or
7.1.2 at such dates or at the end of such other periods as may be specified in the relevant Call-Off Contract; or
7.1.3 if specified in a Call-Off Contract, on completion of each milestoneMilestone. It is a condition precedent of the submission of an invoice on completion of a milestone Milestone that all preceding milestones Milestones specified in the relevant Call-Off Contract have been completed.
7.2 The Service Provider shall submit invoices to the address set out in each Call-Off Contract or where an electronic format for submission of invoices is set out in each Call-Off Contract, each such electronic format shall, unless the Authority requires otherwise, be used. Each such invoice shall contain all information required by the Authority including the Agreement Number, relevant Call-Off Contract Number, SAP order number, the Authority Account Detailsaccount details, the Service Provider’s name name, address and addressbank account details to which payment should be made, a separate calculation of VAT and a brief description of the Services provided. Invoices shall be clear, concise, accurate, and adequately descriptive to avoid delays in processing subsequent payment.
7.3 In the event of a variation to the Services in accordance with this Agreement or the relevant Call-Off Contract that involves the payment of additional charges to the Service Provider, the Service Provider shall identify these separately on the relevant invoice.
7.4 The Authority shall consider and verify each invoice, which is submitted in accordance with this Clause 7, in a timely manner. If the Authority considers that the Charges claimed by the Service Provider in any invoice have under the relevant Call-Off Contract:
7.4.1 been correctly calculated and that such invoice is otherwise correct, the invoice shall be approved and payment shall be made by bank transfer (Bank Automated Clearance System (BACS)) or such other method as the Authority may choose from time to time within 30 days of receipt of such invoice or such other time period as may be specified in the relevant Call-Off Contractinvoice;
7.4.2 not been calculated correctly and/or if the invoice contains any other error or inadequacy, the Authority shall notify the Service Provider and the Parties shall work together to resolve the error or inadequacy. Upon resolution, the Service Provider shall submit a revised invoice to the Authority. The Authority shall not be entitled to treat any properly submitted invoice as disputed or incorrect solely due to its own undue delay in considering and verifying it.
7.5 No payment made by the Authority (including any final payment) or act or omission or approval by the Authority or contract Procurement Manager or Call-Off Co- Co-ordinator (whether related to payment or otherwise) shall:
7.5.1 indicate or be taken to indicate the Authority’s acceptance or approval of the Services or any part of them or any act or omission of the Service Provider, or otherwise prejudice any rights, powers or remedies which the Authority may have against the Service Provider, or absolve the Service Provider from any obligation or liability imposed on the Service Provider under this Agreement or a Call-Off Contract; or
7.5.2 prevent the Authority from recovering any amount overpaid or wrongfully paid including payments made to the Service Provider by mistake of law or fact. Without prejudice to Clause 1920, the Authority shall be entitled to withhold such amount from any sums due or which may become due to the Service Provider or the Authority may recover such amount as a debt under this Agreement or a Call-Off Contract.
7.6 Except where otherwise provided in a Call-Off Contract, the Charges shall be inclusive of all costs of staff, facilities, equipment, materials and other expenses whatsoever incurred by the Service Provider in discharging its obligations under the Call-Off Contract.
7.7 Interest shall accrue at the rate of two percent (2%) above the base rate of the Bank of England from time to time on all sums due and payable under this Agreement or a Call-Off Contract from the due date until the date of actual payment (both before and after judgement). All such interest shall be calculated on the basis of the actual number of days elapsed, over a three hundred and sixty five (365) day year and compounded at monthly intervals. The Parties agree that this provision constitutes a substantial remedy for late payment of any sum payable under the Contract in accordance with s8(2) of the Late Payment of Commercial Debts (Interest) Xxx 0000.
Appears in 1 contract
Samples: Framework Agreement
Payment Procedures and Approvals. 7.1 Unless otherwise set out in a Call-Off Contract, the payment and approvals process are set out below. The Service Provider shall invoice the Authority in respect of the Charges:
7.1.1 : monthly in arrears during the Call-Off Contract Term; or
7.1.2 or at such dates or at the end of such other periods as may be specified in the relevant Call-Off Contract; or
7.1.3 or if specified in a Call-Off Contract, on completion of each milestoneMilestone. It is a condition precedent of the submission of an invoice on completion of a milestone Milestone that all preceding milestones Milestones specified in the relevant Call-Off Contract have been completed.
7.2 . The Service Provider shall submit invoices to the address set out in each Call- Off Contract or where an electronic format for submission of invoices is set out in each Call-Off Contract, each such electronic format shall, unless the Authority requires otherwise, be used. Each such invoice shall contain all information required by the Authority including the Agreement Number, relevant Call-Off Contract Number, SAP order number or purchase order number, the Authority Account Detailsaccount details, the Service Provider’s name name, address and addressbank account details to which payment should be made, a separate calculation of VAT and a brief description of the Services provided. Invoices shall be clear, concise, accurate, and adequately descriptive to avoid delays in processing subsequent payment.
7.3 . In the event of a variation to the Services in accordance with this Agreement or the relevant Call-Off Contract that involves the payment of additional charges to the Service Provider, the Service Provider shall identify these separately on the relevant invoice.
7.4 . The Authority shall consider and verify each invoice, which is submitted in accordance with this Clause 7, in a timely manner. If the Authority considers that the Charges claimed by the Service Provider in any invoice have under the relevant Call-Off Contract:
7.4.1 : been correctly calculated and that such invoice is otherwise correct, the invoice shall be approved and payment shall be made by bank transfer (Bank Automated Clearance System (BACS)) or such other method as the Authority may choose from time to time within 30 days of receipt of such invoice or such other time period as may be specified in the relevant Call-Off Contract;
7.4.2 ; not been calculated correctly and/or if the invoice contains any other error or inadequacy, the Authority shall notify the Service Provider and the Parties shall work together to resolve the error or inadequacy. Upon resolution, the Service Provider shall submit a revised invoice to the Authority.
7.5 . The Authority shall not be entitled to treat any properly submitted invoice as disputed or incorrect solely due to its own undue delay in considering and verifying it. No payment made by the Authority (including any final payment) or act or omission or approval by the Authority or contract Procurement Manager or Call-Off Co- ordinator (whether related to payment or otherwise) shall:
7.5.1 : indicate or be taken to indicate the Authority’s acceptance or approval of the Services or any part of them or any act or omission of the Service Provider, or otherwise prejudice any rights, powers or remedies which the Authority may have against the Service Provider, or absolve the Service Provider from any obligation or liability imposed on the Service Provider under this Agreement or a Call-Off Contract; or
7.5.2 or prevent the Authority from recovering any amount overpaid or wrongfully paid including payments made to the Service Provider by mistake of law or fact. Without prejudice to Clause 19, the Authority shall be entitled to withhold such amount from any sums due or which may become due to the Service Provider or the Authority may recover such amount as a debt under this Agreement or a Call-Off Contract. Except where otherwise provided in a Call-Off Contract, the Charges shall be inclusive of all costs of staff, facilities, equipment, materials and other expenses whatsoever incurred by the Service Provider in discharging its obligations under the Call-Off Contract. Interest shall accrue at the rate of two percent (2%) above the base rate of the Bank of Zambia from time to time on all sums due and payable under this Agreement or a Call-Off Contract from the due date until the date of actual payment (both before and after judgement). All such interest shall be calculated on the basis of the actual number of days elapsed, over a three hundred and sixty-five (365) day year and compounded at monthly intervals. The Parties agree that this provision constitutes a substantial remedy for late payment of any sum payable under the Contract in accordance with s8(2) of the Late Payment of Commercial Debts (Interest) Act 1998.
Appears in 1 contract
Payment Procedures and Approvals. 7.1 The Service Provider shall invoice the Authority in respect 5.1 Payments of the ChargesFees will be made in accordance with this clause 5 and the provisions of Schedule 4.
5.2 In order for any payment of the Fees to be made, the Provider shall:
7.1.1 monthly 5.2.1 submit an invoice in arrears during accordance with the Call-Off Contract Termdeadlines and procedure set out in Clause 5.3 below and in Schedule 4;
5.2.2 submit the relevant monitoring returns as required and, in the format, requested by MOPAC in accordance with the deadlines set out in Schedule 4; orand
7.1.2 at such dates or at the end of 5.2.3 submit such other periods as may be specified documentation MOPAC reasonably considers that it requires from time to time to evidence the due and proper performance of the Services in accordance with the relevant Call-Off Contract; or
7.1.3 if specified in a Call-Off Contract, on completion of each milestone. It is a condition precedent of the submission of an invoice on completion of a milestone that all preceding milestones specified in the relevant Call-Off Contract have been completedand shall not make any separate charge for submitting any invoice.
7.2 5.3 The Service Provider shall submit invoices to the postal or electronic address set out in each Call-Off ContractSchedule 1 or, each (this is : xxxx.xxx.xx@xxxxxx.xxxx.xxx, copying in the MOPAC commissioner email. Xxxxxxxxx.xxxxxxxx@xxxxx.xxxxxx.xxx.xx) where an electronic format for submission of invoices is set out in Schedule 1, such electronic format shall, unless the MOPAC requires otherwise, be used. Each such invoice shall contain all information required by the Authority MOPAC, including the Agreement Number, relevant Call-Off Contract Number, SAP order number, the Authority Account Details, the Service Provider’s name and address, a separate calculation of VAT and a brief description of the Services providedany VAT. Invoices shall be clear, concise, accurate, and adequately descriptive to avoid delays in processing subsequent payment.
7.3 5.4 In the event of a variation to the Services in accordance with this Agreement or the relevant Call-Off Contract that involves the payment of additional charges to the Service Provider, the Service Provider shall identify these separately on the relevant invoiceinvoices.
7.4 5.5 MOPAC shall not be required or be liable to pay all or part of the Fees if such documentation referred to in clause 5.2 above is not received by the relevant deadlines
5.6 MOPAC shall consider and verify each invoice, which is submitted by the Provider in accordance with this Clause 5, in a timely manner. If the Authority MOPAC considers that the Charges Fees claimed by the Service Provider in any invoice have under the relevant Call-Off Contracthave:
7.4.1 5.6.1 been correctly calculated and that such invoice is otherwise correct, the invoice shall be approved approved, and payment shall be made by bank transfer (Bank Automated Clearance System (BACS)) or such other method as the Authority MOPAC may choose from time to time within 30 days of receipt of such invoice or such other time period as may be specified in the relevant Call-Off ContractSchedule 1;
7.4.2 5.6.2 not been calculated correctly and/or or if the invoice contains any other error or inadequacy, including any failure to provide any of the Authority information set out in Clause 5.2, MOPAC shall notify the Service Provider and the Parties shall work together to resolve the error or inadequacy. Upon resolution, the Service Provider shall submit a revised invoice to MOPAC;
5.6.3 The Provider submit a credit note against the AuthorityPurchase Order (PO) for which an incorrect Invoice claim was made and;
5.6.4 MOPAC shall not be entitled to treat any properly submitted invoice as disputed or incorrect solely due to its own undue delay in considering and verifying it.
7.5 5.7 No payment made by the Authority MOPAC (including any final payment) or act or omission or approval by the Authority MOPAC or contract Contract Manager or Call-Off Co- ordinator Procurement Manager (whether related to payment or otherwise) shall:
7.5.1 5.7.1 indicate or be taken to indicate the AuthorityMOPAC’s acceptance or approval of the Services or any part of them or any act or omission of by the Service Provider, or otherwise prejudice any rights, powers or remedies which the Authority MOPAC may have against the Service Provider, or absolve the Service Provider from any obligation or liability imposed on the Service Provider under this Agreement or a Call-Off by virtue of the Contract; or
7.5.2 5.7.2 prevent the Authority MOPAC from recovering any amount overpaid or wrongfully paid including payments made to the Service Provider by mistake of law or fact. Without prejudice to Clause 1920, the Authority MOPAC shall be entitled to withhold such amount from any sums due or which may become due to the Service Provider or the Authority MOPAC may recover such amount as a debt debt.
5.8 Except where otherwise provided in the Contract, the Fees shall be inclusive of all costs of staff, facilities, equipment, materials and other expenses whatsoever incurred by the Provider in discharging its obligations under the Contract.
5.9 Interest shall accrue at the rate of two percent (2%) above the base rate of the Bank of England from time to time on all sums due and payable under this Agreement or Contract from the due date until the date of actual payment (both before and after judgement). All such interest shall be calculated on the basis of the actual number of days elapsed, over a Callthree hundred and sixty-Off Contractfive (365) day year and compounded at monthly intervals. The parties agree that this provision constitutes a substantial remedy for late payment of any sum payable under the Contract in accordance with s8(2) of the Late Payment of Commercial Debts (Interest) Xxx 0000.
Appears in 1 contract
Samples: Services Contract
Payment Procedures and Approvals. 7.1 5.1 The Service Provider Consultant shall invoice the Authority in respect of the Charges:
7.1.1 Fees and Charges monthly in arrears during the Call-Off Contract Term; or
7.1.2 or at such dates or at the end of such other periods as may be specified in the relevant Call-Off Contract; orSchedule 3.
7.1.3 if specified in a Call-Off Contract, on completion of each milestone. 5.2 It is a condition precedent of the submission of an invoice on completion of a milestone that all preceding milestones specified in the relevant Call-Off Contract Schedule 2 have been completed.
7.2 5.3 The Service Provider Consultant shall submit invoices to the address set out in each Call-Off ContractSchedule 1, each such invoice shall contain all information required by the Authority including the Agreement Number, relevant Call-Off Contract Number, SAP order number, the Authority Authority’s Account Details, the Service ProviderConsultant’s name and address, a separate calculation of VAT and a brief description of the Services provided. Invoices shall be clear, concise, accurate, and adequately descriptive to avoid delays in processing subsequent payment.
7.3 5.4 In the event of a variation to the Services in accordance with this Agreement or the relevant Call-Off Contract that involves the payment of additional fees or charges to the Service ProviderConsultant, the Service Provider Consultant shall identify these separately on the relevant invoice.
7.4 5.5 If the Authority considers that the Charges claimed by the Service Provider Consultant in any invoice have under the relevant Call-Off Contracthave:
7.4.1 5.5.1 been correctly calculated and that such invoice is otherwise correct, the invoice shall be approved and payment shall be made by bank transfer (Bank Automated Clearance System (“BACS”)) or such other method as the Authority may choose from time to time within 30 days of receipt of such invoice or such other time period as may be specified in the relevant Call-Off Contract;Schedule 3; or
7.4.2 5.5.2 not been calculated correctly and/or if the invoice contains any other error or inadequacy, the Authority shall notify the Service Provider Consultant and the Parties shall work together to resolve the error or inadequacy. Upon resolution, the Service Provider Consultant shall submit a revised invoice to the Authority.
7.5 5.6 No payment made by the Authority (including any final payment) or act or omission or approval by the Authority or contract its Contract Manager or Call-Off Co- ordinator (whether related to payment or otherwise) shall:
7.5.1 5.6.1 indicate or be taken to indicate the Authority’s acceptance or approval of the Services or any part of them or any act or omission of the Service ProviderConsultant, or otherwise prejudice any rights, powers or remedies which the Authority may have against the Service Provider, Consultant or absolve the Service Provider Consultant from any obligation or liability imposed on the Service Provider under this Agreement or a Call-Off ContractConsultant; or
7.5.2 5.6.2 prevent the Authority from recovering any amount overpaid or wrongfully paid including payments made to the Service Provider Consultant by mistake of law or fact. Without prejudice to Clause 19, the The Authority shall be entitled to withhold such amount from any sums due or which may become due to the Service Provider Consultant or the Authority may recover such amount as a debt due under this Agreement Agreement.
5.7 Where the Consultant enters into a Sub-Contract, the Consultant shall include in that Sub-Contract:
5.7.1 provisions having the same effect as clause 5.3 to clause 5.5 of this Agreement; and
5.7.2 a provision requiring the counterparty to that Sub-Contract to include in any Sub-Contract which it awards provisions having the same effect as clause 5.3 to clause 5.5 of this Agreement. In this clause 5.7, "Sub-Contract" means a contract between two or more suppliers, at any stage of remoteness from the Authority in a Call-Off Contractsubcontracting chain, made wholly or substantially for the purpose of performing (or contributing to the performance of) the whole or any part of this Agreement.
Appears in 1 contract
Samples: Consultancy Services Agreement
Payment Procedures and Approvals. 7.1 5.1 The Service Provider shall invoice the Authority in respect of the Charges:
7.1.1 monthly 5.1.1 where no Milestones are specified in arrears during the Call-Off Contract Term; or
7.1.2 Schedule 4, at such dates or at the end of such other periods as may be specified in the relevant Call-Off ContractSchedule 1; or
7.1.3 5.1.2 if specified in a Call-Off ContractSchedule 4, on completion of each milestone. It is a condition precedent of the submission of an invoice on completion of a milestone Milestone provided that all any preceding milestones specified in the relevant Call-Off Contract Milestones have been completedcompleted in accordance with the Contract, and shall not make any separate charge for submitting any invoice.
7.2 5.2 The Service Provider shall submit invoices to the postal address set out in each Call-Off ContractSchedule 1 or, each where an electronic format for submission of invoices is set out in Schedule 1, such electronic format shall, unless the Authority requires otherwise, be used. Each such invoice shall contain all information required by the Authority including the Agreement Number, relevant Call-Off Contract Reference Number, SAP order number, the Authority Account Details, the Service Provider’s name and address, a separate calculation of VAT and a brief description of the Services provided. Invoices shall be clear, concise, accurate, and adequately descriptive to avoid delays in processing subsequent payment.
7.3 5.3 In the event of a variation to the Services in accordance with this Agreement or the relevant Call-Off Contract that involves the payment of additional charges to the Service Provider, the Service Provider shall identify these separately on the relevant invoiceinvoices.
7.4 5.4 If the Authority considers that the Charges claimed by the Service Provider in any invoice have under the relevant Call-Off Contracthave:
7.4.1 5.4.1 been correctly calculated and that such invoice is otherwise correct, the invoice shall be approved and payment shall be made by bank transfer (Bank Automated Clearance System (BACS)) or such other method as the Authority may choose from time to time within 30 days of receipt of such invoice or such other time period as may be specified in the relevant Call-Off ContractSchedule 1;
7.4.2 5.4.2 not been calculated correctly and/or if the invoice contains any other error or inadequacy, the Authority shall notify the Service Provider and the Parties shall work together to resolve the error or inadequacy. Upon resolution, the Service Provider shall submit a revised invoice to the Authority.
7.5 5.5 No payment made by the Authority (including any final payment) or act or omission or approval by the Authority or contract Contract Manager or Call-Off Co- ordinator Procurement Manager (whether related to payment or otherwise) shall:
7.5.1 5.5.1 indicate or be taken to indicate the Authority’s acceptance or approval of the Services or any part of them or any act or omission of the Service Provider, or otherwise prejudice any rights, powers or remedies which the Authority may have against the Service Provider, or absolve the Service Provider from any obligation or liability imposed on the Service Provider under this Agreement or a Call-Off by virtue of the Contract; or
7.5.2 5.5.2 prevent the Authority from recovering any amount overpaid or wrongfully paid including payments made to the Service Provider by mistake of law or fact. Without prejudice to Clause 1917, the Authority shall be entitled to withhold such amount from any sums due or which may become due to the Service Provider or the Authority may recover such amount as a debt debt.
5.6 Except where otherwise provided in the Contract, the Charges shall be inclusive of all costs of staff, facilities, equipment, materials and other expenses whatsoever incurred by the Service Provider in discharging its obligations under the Contract.
5.7 Interest shall accrue at the interest rate of two percent (2%) above the base rate of HSBC Bank plc from time to time on all sums due and payable under this Agreement or Contract from the due date until the date of actual payment (both before and after judgement). All such interest shall be calculated on the basis of the actual number of days elapsed, over a Call-Off Contractthree hundred and sixty five (365) day year and compounded at monthly intervals. The parties agree that this provision constitutes a substantial remedy for late payment of any sum payable under the Contract in accordance with s8(2) of the Late Payment of Commercial Debts (Interest) Xxx 0000.
Appears in 1 contract
Samples: Contract for Services
Payment Procedures and Approvals. 7.1 The Service Provider shall invoice the Authority TfL in respect of the Charges:
7.1.1 for Airtime, (as defined in Schedule 2, Clause A6) monthly in arrears during the Call-Off Contract Term; or
7.1.2 at such dates or at the end of such other periods as may be specified in Schedule 6 and/or the relevant Call-Off Contract; or
7.1.3 if specified in a Call-Off Contract, on completion of each milestoneMilestone. It is a condition precedent of the submission of an invoice on completion of a milestone Milestone that all preceding milestones Milestones specified in the relevant Call-Off Contract have been completed.
7.2 The Service Provider shall submit invoices to the address set out in each Call-Call- Off Contract, each such invoice shall contain all information required by the Authority TfL including the Agreement Number, relevant Call-Off Contract Number, SAP order number, the Authority TfL Account Details, the Service Provider’s name and address, a separate calculation of VAT and a brief description of the Services provided. Invoices shall be clear, concise, accurate, and adequately descriptive to avoid delays in processing subsequent payment.
7.3 In the event of a variation to the Products or Services in accordance with this Agreement or the relevant Call-Off Contract that involves the payment of additional charges to the Service Provider, the Service Provider shall identify these separately on the relevant invoice.
7.4 If the Authority TfL considers that the Charges claimed by the Service Provider in any invoice have under the relevant Call-Off Contract:
7.4.1 been correctly calculated and that such invoice is otherwise correct, the invoice shall be approved and payment shall be made by bank transfer (Bank Automated Clearance System (BACS)) or such other method as the Authority TfL may choose from time to time within 30 days of receipt of such invoice or such other time period as may be specified in the relevant Call-Off Contract;
7.4.2 not been calculated correctly and/or if the invoice contains any other error or inadequacy, the Authority TfL shall notify the Service Provider and the Parties shall work together to resolve the error or inadequacy. Upon resolution, the Service Provider shall submit a revised invoice to the Authority.TfL.
7.5 No payment made by the Authority TfL (including any final payment) or act or omission or approval by the Authority TfL or contract Manager or Call-Off Co- Co-ordinator (whether related to payment or otherwise) shall:
7.5.1 indicate or be taken to indicate the AuthorityTfL’s acceptance or approval of the Products or Services or any part of them or any act or omission of the Service Provider, or otherwise prejudice any rights, powers or remedies which the Authority TfL may have against the Service Provider, or absolve the Service Provider from any obligation or liability imposed on the Service Provider under this Agreement or a Call-Off Contract; or
7.5.2 prevent the Authority TfL from recovering any amount overpaid or wrongfully paid including payments made to the Service Provider by mistake of law or fact. Without prejudice to Clause 19, the Authority TfL shall be entitled to withhold such amount from any sums due or which may become due to the Service Provider or the Authority TfL may recover such amount as a debt under this Agreement or a Call-Off Contract.
Appears in 1 contract
Samples: Framework Agreement
Payment Procedures and Approvals. 7.1 The Service Provider shall invoice the Authority in respect of the Charges:
7.1.1 monthly : where no Milestones are specified in arrears during the Call-Off Contract Term; or
7.1.2 Schedule 4, at such dates or at the end of such other periods as may be specified in the relevant Call-Off ContractSchedule 1; or
7.1.3 or if specified in a Call-Off ContractSchedule 4, on completion of each milestone. It is a condition precedent of the submission of an invoice on completion of a milestone Milestone provided that all any preceding milestones specified in the relevant Call-Off Contract Milestones have been completed.
7.2 completed in accordance with the Contract, and shall not make any separate charge for submitting any invoice. The Service Provider shall submit invoices to the postal address set out in each Call-Off ContractSchedule 1 or, each where an electronic format for submission of invoices is set out in Schedule 1, such electronic format shall, unless the Authority requires otherwise, be used. Each such invoice shall contain all information required by the Authority including the Agreement Number, relevant Call-Off Contract Reference Number, SAP order number, the Authority Account Details, the Service Provider’s name and address, a separate calculation of VAT and a brief description of the Services provided. Invoices shall be clear, concise, accurate, and adequately descriptive to avoid delays in processing subsequent payment.
7.3 In the event of a variation to the Services in accordance with this Agreement or the relevant Call-Off Contract that involves the payment of additional charges to the Service Provider, the Service Provider shall identify these separately on the relevant invoice.
7.4 invoices. If the Authority considers that the Charges claimed by the Service Provider in any invoice have under the relevant Call-Off Contract:
7.4.1 have: been correctly calculated and that such invoice is otherwise correct, the invoice shall be approved and payment shall be made by bank transfer (Bank Automated Clearance System (BACS)) or such other method as the Authority may choose from time to time within 30 days of receipt of such invoice or such other time period as may be specified in the relevant Call-Off Contract;
7.4.2 Schedule 1; not been calculated correctly and/or if the invoice contains any other error or inadequacy, the Authority shall notify the Service Provider and the Parties shall work together to resolve the error or inadequacy. Upon resolution, the Service Provider shall submit a revised invoice to the Authority.
7.5 . No payment made by the Authority (including any final payment) or act or omission or approval by the Authority or contract Contract Manager or Call-Off Co- ordinator Procurement Manager (whether related to payment or otherwise) shall:
7.5.1 : indicate or be taken to indicate the Authority’s acceptance or approval of the Services or any part of them or any act or omission of the Service Provider, or otherwise prejudice any rights, powers or remedies which the Authority may have against the Service Provider, or absolve the Service Provider from any obligation or liability imposed on the Service Provider under this Agreement or a Call-Off by virtue of the Contract; or
7.5.2 or prevent the Authority from recovering any amount overpaid or wrongfully paid including payments made to the Service Provider by mistake of law or fact. Without prejudice to Clause 1917, the Authority shall be entitled to withhold such amount from any sums due or which may become due to the Service Provider or the Authority may recover such amount as a debt under this Agreement or a Call-Off Contractdebt.
Appears in 1 contract
Samples: Contract for Services
Payment Procedures and Approvals. 7.1 5.1 The Service Provider shall invoice the Authority in respect of the Charges:
7.1.1 Charges monthly in arrears during the Call-Off Contract Term; or
7.1.2 or at such dates or at the end of such other periods as may be specified in the relevant Call-Off Contract; orpricing schedule.
7.1.3 if specified in a Call-Off Contract, on completion of each milestone. 5.2 It is a condition precedent of the submission of an invoice on completion of a milestone that all preceding milestones specified in the relevant Call-Off Contract specification have been completed.
7.2 5.3 The Service Provider shall submit invoices to the address set out in each Call-Off ContractSchedule 1, each such invoice shall contain all information required by the Authority including the Agreement Number, relevant Call-Off Contract Number, SAP order number, the Authority Authority’s Account Details, the Service Provider’s name and address, a separate calculation of VAT and a brief description of the Services provided. Invoices shall be clear, concise, accurate, and adequately descriptive to avoid delays in processing subsequent payment.
7.3 5.4 The Service Provider shall ensure that all Sub-Contracts contain a provision:
5.4.1 requiring the Service Provider to pay any undisputed sums which are due from it to the Sub-Contractor within a specified period no exceeding 30 days from the receipt of a valid invoice; and
5.4.2 a right for the Authority to publish the Service Provider's compliance with its obligation to pay undisputed invoices within the specified payment period.
5.5 The Service Provider shall:
5.5.1 pay any undisputed sums which are due from it to a Sub-Contractor within 30 days from the receipt of a valid invoice;
5.5.2 include within the management report produced by it a summary of its compliance with Clause 5.4.1, such data to be certified each quarter by a director of the Service Provider as being accurate and not misleading.
5.6 Notwithstanding any provision of Clauses 18 (Confidentiality), if the Service Provider notifies the Authority (whether in a management report or otherwise) that the Service Provider has failed to pay an Sub-Contractor's undisputed invoice within 30 days of receipt, or the Authority otherwise discovers the same, the Authority shall be entitled to publish the details of the late or non- payment (including on government websites and in the press).
5.7 In the event of a variation to the Services in accordance with this Agreement or the relevant Call-Off Contract that involves the payment of additional fees or charges to the Service Provider, the Service Provider shall identify these separately on the relevant invoice.
7.4 5.8 If the Authority considers that the Charges claimed by the Service Provider in any invoice have under the relevant Call-Off Contracthave:
7.4.1 5.8.1 been correctly calculated and that such invoice is otherwise correct, the invoice shall be approved and payment shall be made by bank transfer (Bank Automated Clearance System (“BACS”)) or such other method as the Authority may choose from time to time within 30 days of receipt of such invoice or such other time period as may be specified in the relevant Call-Off Contract;pricing schedule; or
7.4.2 5.8.2 not been calculated correctly and/or if the invoice contains any other error or inadequacy, the Authority shall notify the Service Provider and the Parties shall work together to resolve the error or inadequacy. Upon resolution, the Service Provider shall submit a revised invoice to the Authority.
7.5 5.9 No payment made by the Authority (including any final payment) or act or omission or approval by the Authority or contract its Contract Manager or Call-Off Co- ordinator (whether related to payment or otherwise) shall:
7.5.1 5.9.1 indicate or be taken to indicate the Authority’s acceptance or approval of the Services or any part of them or any act or omission of the Service Provider, or otherwise prejudice any rights, powers or remedies which the Authority may have against the Service Provider, Provider or absolve the Service Provider from any obligation or liability imposed on the Service Provider under this Agreement or a Call-Off ContractProvider; or
7.5.2 5.9.2 prevent the Authority from recovering any amount overpaid or wrongfully paid including payments made to the Service Provider by mistake of law or fact. Without prejudice to Clause 19, the The Authority shall be entitled to withhold such amount from any sums due or which may become due to the Service Provider or the Authority may recover such amount as a debt due under this Agreement or a Call-Off ContractAgreement.
Appears in 1 contract
Samples: Services Agreement
Payment Procedures and Approvals. 7.1 5.1 The Service Provider shall invoice the Authority in respect of the Charges:
7.1.1 Charges monthly in arrears during the Call-Off Contract Term; or
7.1.2 or at such dates or at the end of such other periods as may be specified in the relevant Call-Off Contract; orSection 6.
7.1.3 if specified in a Call-Off Contract, on completion of each milestone. 5.2 It is a condition precedent of the submission of an invoice on completion of a milestone that all preceding milestones specified in the relevant Call-Off Contract Section 4 have been completed.
7.2 5.3 The Service Provider shall submit invoices to the address set out in each Call-Off ContractSchedule 1, each such invoice shall contain all information required by the Authority including the Agreement Number, relevant Call-Off Contract Number, SAP order number, the Authority Authority’s Account Details, the Service Provider’s name and address, a separate calculation of VAT and a brief description of the Services provided. Invoices shall be clear, concise, accurate, and adequately descriptive to avoid delays in processing subsequent payment.
7.3 5.4 In the event of a variation to the Services in accordance with this Agreement or the relevant Call-Off Contract that involves the payment of additional fees or charges to the Service Provider, the Service Provider shall identify these separately on the relevant invoice.
7.4 5.5 If the Authority considers that the Charges claimed by the Service Provider in any invoice have under the relevant Call-Off Contracthave:
7.4.1 5.5.1 been correctly calculated and that such invoice is otherwise correct, the invoice shall be approved and payment shall be made by bank transfer (Bank Automated Clearance System (BACS)) or such other method as the Authority may choose from time to time within 30 days of receipt of such invoice or such other time period as may be specified in the relevant Call-Off Contract;Section 6; or
7.4.2 5.5.2 not been calculated correctly and/or if the invoice contains any other error or inadequacy, the Authority shall notify the Service Provider and the Parties shall work together to resolve the error or inadequacy. Upon resolution, the Service Provider shall submit a revised invoice to the Authority.
7.5 . No payment made by the Authority (including any final payment) or act or omission or approval by the Authority or contract its Contract Manager or Call-Off Co- ordinator (whether related to payment or otherwise) shall:
7.5.1 5.6.1 indicate or be taken to indicate the Authority’s acceptance or approval of the Services or any part of them or any act or omission of the Service Provider, or otherwise prejudice any rights, powers or remedies which the Authority may have against the Service Provider, Provider or absolve the Service Provider from any obligation or liability imposed on the Service Provider under this Agreement or a Call-Off ContractProvider; or
7.5.2 5.6.2 prevent the Authority from recovering any amount overpaid or wrongfully paid including payments made to the Service Provider by mistake of law or fact. Without prejudice to Clause 19, the The Authority shall be entitled to withhold such amount from any sums due or which may become due to the Service Provider or the Authority may recover such amount as a debt due under this Agreement or a Call-Off ContractAgreement.
Appears in 1 contract
Samples: Services Agreement
Payment Procedures and Approvals. 7.1 4.1 The Service Provider Scheme Partner shall:
4.1.1 invoice the Scheme Operator Quarterly in arrears pursuant for any Maintenance Costs and/or Data Management Costs properly due to it under paragraph 6.1 of Appendix 6, which are properly incurred by that Scheme Partner for its Charge Points in the Scheme during the previous Quarter provided that during such period the Scheme Partner (a) was responsible for the maintenance of such Charge Points, (b) had a Maintenance Contract in place with a service provider in respect of such Charge Points; and (c) had not transferred Direct Maintenance Responsibility to the Scheme Operator pursuant to Appendix 6; and
4.1.2 from either (a) 1 April 2015 if the Effective Variation Date is on or before 1 January 2015 or (b) the first day of the second Quarter following the Effective Variation Date if the Effective Variation Date is after 1 January 2015, the Public Scheme Partner shall invoice the Authority Scheme Operator Quarterly in arrears for Scheme Fees for Open Parking Bays due under Part A, Appendix 8; in each case, provided that the Scheme Partner has complied with its obligations in the Agreement in respect of such Charge Points and the Charges:
7.1.1 monthly in arrears during the Call-Off Contract Term; or
7.1.2 at such dates or at the end of such other periods as may be specified in the relevant Call-Off Contract; or
7.1.3 if specified in a Call-Off Contract, on completion of each milestone. It is a condition precedent of the submission of an invoice on completion of a milestone that all preceding milestones specified in the relevant Call-Off Contract have been completedScheme Partner shall not make any separate charge for submitting any invoice.
7.2 4.2 For clarity, the Private Scheme Partner is not entitled to any remuneration from the Scheme Operator except to the extent provided in condition 4.1 above.
4.3 The Service Provider Scheme Partner shall submit its invoices to the address set out in each Call-Off Contract, each notified by the Scheme Operator to that Scheme Partner from time to time. Each such invoice shall contain all information required by the Authority Scheme Operator including the Agreement Reference Number, relevant Call-Off Contract Number, SAP order number, the Authority Account Details, the Service ProviderScheme Partner’s name and address, a separate calculation of VAT and a brief description list of the Services provided. Invoices shall be clearAsset Numbers in respect of the Charge Points that the Scheme Partner is claiming payment for, concisea copy of the Scheme Partner’s supplier’s invoices for the Maintenance Costs and/or Data Management Costs, accuratea breakdown of the maintenance services and operating services undertaken (including the cost of each) and in respect of Scheme Fees, and adequately descriptive to avoid delays in processing subsequent payment.
7.3 In the event details of a variation to the Services amounts payable in accordance with this Agreement or Appendix 8, including the relevant Call-Off Contract that involves number of Open Parking Bays and the payment zones and boroughs in which they are located. If a Scheme Partner is claiming any reimbursement in respect of additional charges to the Service ProviderVAT as described in paragraph 6.2, Appendix 6, the Service Provider Scheme Partner shall identify these separately on provide the relevant invoiceinformation referred to in paragraph 6.2, Appendix 6 together with a separate calculation evidencing and breaking down the VAT claimed.
7.4 4.4 If the Authority Scheme Operator considers that the Charges Maintenance Costs and/or Data Management Costs claimed by the Service Provider a Scheme Partner in any invoice have under the relevant Call-Off Contracthave:
7.4.1 4.4.1 been correctly calculated and that such invoice is otherwise correct, the invoice shall be approved and the Scheme Operator shall make payment shall be made within thirty (30) days of receipt of such invoice by bank transfer (Bank Automated Clearance System (BACS)) or such other method as the Authority Scheme Operator may choose from time to time within 30 days of receipt of such invoice or such other time period as may be specified in the relevant Call-Off Contracttime;
7.4.2 4.4.2 not been calculated correctly and/or if the invoice contains any other error or inadequacy, the Authority Scheme Operator shall notify the Service Provider Scheme Partner and the Parties they shall work together to resolve the error or inadequacy. Upon resolution, the Service Provider Scheme Partner shall submit a revised invoice to the AuthorityScheme Operator for payment in accordance with this Condition 4.
7.5 4.5 No payment made by the Authority Scheme Operator (including any final payment) or act or omission or approval by the Authority Scheme Operator or contract Scheme Manager or Call-Off Co- ordinator Partnership Manager (whether related to payment or otherwise) shall:
7.5.1 indicate or be taken to indicate the Authority’s acceptance or approval of the Services or any part of them or any act or omission of the Service Provider, or otherwise prejudice any rights, powers or remedies which the Authority may have against the Service Provider, or absolve the Service Provider from any obligation or liability imposed on the Service Provider under this Agreement or a Call-Off Contract; or
7.5.2 shall prevent the Authority Scheme Operator from recovering any amount overpaid or wrongfully paid including payments made to the Service Provider a Scheme Partner by mistake of law or fact. Without prejudice to Clause 19Condition 4.4, the Authority Scheme Operator shall be entitled to withhold such amount from any sums due or which may become due to the Service Provider Scheme Partner or the Authority Scheme Operator may recover such amount as a debt and shall give the Scheme Partner written notice in accordance with condition 4.6 before exercising such right of set-off.
4.6 The Scheme Operator will be entitled but not obliged at any time or times to set off any liability of a Scheme Partner to the Scheme Operator against any liability of the Scheme Operator to that Scheme Partner but the Scheme Operator shall provide the Scheme Partner with such prior written notice as is reasonably practicable (being at least ten (10) days’ notice, unless such notice period is not reasonably practicable) before exercising its right of set-off.
4.7 The Scheme Partner acknowledges that reimbursement of the Maintenance Costs and/or Data Management Costs (where applicable) in accordance with the terms of the Agreement are benefits of the Scheme and provided by the Scheme Operator out of the fees paid by Scheme Users and any shortfall is met by the Scheme Operator. As such, the Scheme Partner agrees that no interest will be due or payable or claimed to be due or payable by a Scheme Partner in respect of the Maintenance Costs and/or Data Management Costs including for any delay in payment by the Scheme Operator howsoever arising. The Scheme Operator will notify the Scheme Partner as soon as practicable after it becomes aware of any such delay in payment, and provide an explanation for the delay in such level of detail as a Scheme Partner may reasonably request.
4.8 Subject to Condition 4.7, if a Party fails to pay on the due date any amount which is payable to another Party under the Agreement then, without prejudice to any other rights set out in the Agreement that amount shall bear interest from the due date until payment is made in full, both before and after any judgment, at 2 per cent per annum over Barclays Bank plc base rate from time to time. The Parties agree that this Condition 4.8 is a substantial remedy for the late payment of any sum payable under the Agreement or a Call-Off Contractin accordance with section 8(2) Late Payment of Commercial Debts (Interest) Act 1998.
Appears in 1 contract
Samples: Partnership Agreement
Payment Procedures and Approvals. 7.1 The Service Provider shall invoice the Authority in respect 5.1 Payments of the ChargesFees will be made in accordance with this clause 5 and the provisions of Schedule 4.
5.2 In order for any payment of the Fees to be made, the Recipient shall:
7.1.1 monthly 5.2.1 submit an invoice in arrears during accordance with the Call-Off Contract Termdeadlines and procedure set out in Clause 5.3 below and in Schedule 4;
5.2.2 submit the relevant monitoring returns as required and, in the format, requested by XXXXX in accordance with the deadlines set out in Schedule 4; orand
7.1.2 at such dates or at the end of 5.2.3 submit such other periods as may be specified documentation MOPAC reasonably considers that it requires from time to time to evidence the due and proper performance of the Services in accordance with the relevant Call-Off Contract; or
7.1.3 if specified in a Call-Off Contract, on completion of each milestone. It is a condition precedent of the submission of an invoice on completion of a milestone that all preceding milestones specified in the relevant Call-Off Contract have been completedand shall not make any separate charge for submitting any invoice.
7.2 5.3 The Service Provider Recipient shall submit invoices to the postal or electronic address set out in each Call-Off ContractSchedule 1 or, each (this is : xxxx.xxx.xx@xxxxxx.xxxx.xxx, copying in the MOPAC commissioner email) where an electronic format for submission of invoices is set out in Schedule 1, such electronic format shall, unless the MOPAC requires otherwise, be used. Each such invoice shall contain all information required by the Authority MOPAC, including the Agreement Number, relevant Call-Off Contract Number, SAP order number, the Authority Account Details, the Service Provider’s name and address, a separate calculation of VAT and a brief description of the Services providedany VAT. Invoices shall be clear, concise, accurate, and adequately descriptive to avoid delays in processing subsequent payment.
7.3 5.4 In the event of a variation to the Services in accordance with this Agreement or the relevant Call-Off Contract that involves the payment of additional charges to the Service ProviderRecipient, the Service Provider Recipient shall identify these separately on the relevant invoiceinvoices.
7.4 5.5 MOPAC shall not be required or be liable to pay all or part of the Fees if such documentation referred to in clause 5.2 above is not received by the relevant deadlines
5.6 MOPAC shall consider and verify each invoice, which is submitted by the Recipient in accordance with this Clause 5, in a timely manner. If the Authority XXXXX considers that the Charges Fees claimed by the Service Provider Recipient in any invoice have under the relevant Call-Off Contracthave:
7.4.1 5.6.1 been correctly calculated and that such invoice is otherwise correct, the invoice shall be approved approved, and payment shall be made by bank transfer (Bank Automated Clearance System (BACS)) or such other method as the Authority MOPAC may choose from time to time within 30 days of receipt of such invoice or such other time period as may be specified in the relevant Call-Off ContractSchedule 1;
7.4.2 5.6.2 not been calculated correctly and/or or if the invoice contains any other error or inadequacy, including any failure to provide any of the Authority information set out in Clause 5.2, MOPAC shall notify the Service Provider Recipient and the Parties shall work together to resolve the error or inadequacy. Upon resolution, the Service Provider Recipient shall submit a revised invoice to MOPAC; and
5.6.3 The Recipient submit a credit note against the AuthorityPurchase Order (PO) for which an incorrect Invoice claim was made;
5.6.4 MOPAC shall not be entitled to treat any properly submitted invoice as disputed or incorrect solely due to its own undue delay in considering and verifying it.
7.5 5.7 No payment made by the Authority MOPAC (including any final payment) or act or omission or approval by the Authority MOPAC or contract Contract Manager or Call-Off Co- ordinator Procurement Manager (whether related to payment or otherwise) shall:
7.5.1 5.7.1 indicate or be taken to indicate the AuthorityXXXXX’s acceptance or approval of the Services or any part of them or any act or omission of by the Service ProviderRecipient, or otherwise prejudice any rights, powers or remedies which the Authority MOPAC may have against the Service ProviderRecipient, or absolve the Service Provider Recipient from any obligation or liability imposed on the Service Provider Recipient under this Agreement or a Call-Off by virtue of the Contract; or
7.5.2 5.7.2 prevent the Authority XXXXX from recovering any amount overpaid or wrongfully paid including payments made to the Service Provider Recipient by mistake of law or fact. Without prejudice to Clause 1920, the Authority MOPAC shall be entitled to withhold such amount from any sums due or which may become due to the Service Provider Recipient or the Authority MOPAC may recover such amount as a debt debt.
5.8 Except where otherwise provided in the Contract, the Fees shall be inclusive of all costs of staff, facilities, equipment, materials and other expenses whatsoever incurred by the Recipient in discharging its obligations under the Contract.
5.9 Interest shall accrue at the rate of two percent (2%) above the base rate of the Bank of England from time to time on all sums due and payable under this Agreement or Contract from the due date until the date of actual payment (both before and after judgement). All such interest shall be calculated on the basis of the actual number of days elapsed, over a Callthree hundred and sixty-Off Contractfive (365) day year and compounded at monthly intervals. The parties agree that this provision constitutes a substantial remedy for late payment of any sum payable under the Contract in accordance with s8(2) of the Late Payment of Commercial Debts (Interest) Act 1998.
Appears in 1 contract
Samples: Services Contract
Payment Procedures and Approvals. 7.1 The Service Provider shall invoice the Authority in respect of the Charges:
7.1.1 monthly in arrears during the Call-Off Contract Term; or
7.1.2 at such dates or at the end of such other periods as may be specified in the relevant Call-Off Contract; or
7.1.3 if specified in a Call-Off Contract, on completion of each milestoneMilestone. It is a condition precedent of the submission of an invoice on completion of a milestone Milestone that all preceding milestones Milestones specified in the relevant Call-Off Contract have been completed.
7.2 The Service Provider shall submit invoices to the address set out in each Call-Off Contract or where an electronic format for submission of invoices is set out in each Call-Off Contract, each such electronic format shall, unless the Authority requires otherwise, be used. Each such invoice shall contain all information required by the Authority including the Agreement Number, relevant Call-Off Contract Number, SAP order number, the Authority Account Detailsaccount details, the Service Provider’s name name, address and addressbank account details to which payment should be made, a separate calculation of VAT and a brief description of the Services provided. Invoices shall be clear, concise, accurate, and adequately descriptive to avoid delays in processing subsequent payment.
7.3 In the event of a variation to the Services in accordance with this Agreement or the relevant Call-Off Contract that involves the payment of additional charges to the Service Provider, the Service Provider shall identify these separately on the relevant invoice.
7.4 The Authority shall consider and verify each invoice, which is submitted in accordance with this Clause 7, in a timely manner. If the Authority considers that the Charges claimed by the Service Provider in any invoice have under the relevant Call-Off Contract:
7.4.1 been correctly calculated and that such invoice is otherwise correct, the invoice shall be approved and payment shall be made by bank transfer (Bank Automated Clearance System (BACS)) or such other method as the Authority may choose from time to time within 30 days of receipt of such invoice or such other time period as may be specified in the relevant Call-Off Contractinvoice;
7.4.2 not been calculated correctly and/or if the invoice contains any other error or inadequacy, the Authority shall notify the Service Provider and the Parties shall work together to resolve the error or inadequacy. Upon resolution, the Service Provider shall submit a revised invoice to the Authority. The Authority shall not be entitled to treat any properly submitted invoice as disputed or incorrect solely due to its own undue delay in considering and verifying it.
7.5 No payment made by the Authority (including any final payment) or act or omission or approval by the Authority or contract Procurement Manager or Call-Off Co- Co-ordinator (whether related to payment or otherwise) shall:
7.5.1 indicate or be taken to indicate the Authority’s acceptance or approval of the Services or any part of them or any act or omission of the Service Provider, or otherwise prejudice any rights, powers or remedies which the Authority may have against the Service Provider, or absolve the Service Provider from any obligation or liability imposed on the Service Provider under this Agreement or a Call-Off Contract; or
7.5.2 prevent the Authority from recovering any amount overpaid or wrongfully paid including payments made to the Service Provider by mistake of law or fact. Without prejudice to Clause 1920, the Authority shall be entitled to withhold such amount from any sums due or which may become due to the Service Provider or the Authority may recover such amount as a debt under this Agreement or a Call-Off Contract.
7.6 Except where otherwise provided in a Call-Off Contract, the Charges shall be inclusive of all costs of staff, facilities, equipment, materials and other expenses whatsoever incurred by the Service Provider in discharging its obligations under the Call-Off Contract.
7.7 Interest shall accrue at the rate of two percent (2%) above the base rate of the Bank of England from time to time on all sums due and payable under this Agreement or a Call-Off Contract from the due date until the date of actual payment (both before and after judgement). All such interest shall be calculated on the basis of the actual number of days elapsed, over a three hundred and sixty five (365) day year and compounded at monthly intervals. The Parties agree that this provision constitutes a substantial remedy for late payment of any sum payable under the Contract in accordance with s8(2) of the Late Payment of Commercial Debts (Interest) Act 1998.
Appears in 1 contract
Samples: Framework Agreement
Payment Procedures and Approvals. 7.1 The 5.1 [Service Provider shall invoice the Authority Trust in respect of the Charges:
7.1.1 Charges monthly in arrears arrears] during the Call-Off Contract Term; or
7.1.2 or at such dates or at the end of such other periods as may be specified in the relevant Call-Off Contract; orSchedule 3.
7.1.3 if specified in a Call-Off Contract, on completion of each milestone. 5.2 It is a condition precedent of the submission of an invoice on completion of a milestone that all preceding milestones specified in the relevant Call-Off Contract Schedule 2 have been completed.
7.2 The 5.3 Service Provider shall submit invoices to the address set out in each Call-Off ContractSchedule 1, each such invoice shall contain all information required by the Authority Service Provider including the Agreement Number, relevant Call-Off Contract Number, SAP order number, the Authority Service Provider’s Account Details, the Service Provider’s name and registered address, VAT registration number, a separate calculation of VAT and a brief description of the Services provided. Invoices shall be clear, concise, accurate, and adequately descriptive to avoid delays in processing subsequent payment.
7.3 5.4 In the event of a variation to the Services in accordance with this Agreement or the relevant Call-Off Contract that involves the payment of additional fees or charges to the Service Provider, the Service Provider shall identify these separately on the relevant invoice.
7.4 5.5 If the Authority Trust considers that the Charges claimed by the Service Provider in any invoice have under the relevant Call-Off Contracthave:
7.4.1 5.5.1 been correctly calculated and that such invoice is otherwise correct, the invoice shall be approved and payment shall be made by bank transfer (Bank Automated Clearance System (BACS)) or such other method as the Authority Service Provider may choose from time to time within 30 days of receipt of such invoice or such other time period as may be specified in the relevant Call-Off Contract;Schedule 3; or
7.4.2 5.5.2 not been calculated correctly and/or if the invoice contains any other error or inadequacy, the Authority Service Provider shall notify the Service Provider and the Parties shall work together to resolve the error or inadequacy. Upon resolution, the Service Provider shall submit a revised invoice to the AuthorityService Provider.
7.5 5.6 No payment made by the Authority Trust (including any final payment) or act or omission or approval by the Authority Trust or contract its Contract Manager or Call-Off Co- ordinator (whether related to payment or otherwise) shall:
7.5.1 5.6.1 indicate or be taken to indicate the AuthorityTrust’s acceptance or approval of the Services or any part of them or any act or omission of the Service Provider, or otherwise prejudice any rights, powers or remedies which the Authority Trust may have against the Service Provider, Provider or absolve the Service Provider from any obligation or liability imposed on the Service Provider under this Agreement or a Call-Off ContractProvider; or
7.5.2 5.6.2 prevent the Authority Trust from recovering any amount overpaid or wrongfully paid including payments made to the Service Provider by mistake of law or fact. Without prejudice to Clause 19, the Authority The Trust shall be entitled to withhold such amount from any sums due or which may become due to the Service Provider or the Authority Trust may recover such amount as a debt due under this Agreement Agreement. In this Clause 5.7, "Sub-Contract" means a contract between two or more suppliers, at any stage of remoteness from Service Provider in a Callsubcontracting chain, made wholly or substantially for the purpose of performing (or contributing to the performance of) the whole or any part of this Agreement.
5.7.1 provisions having the same effect as Clause 5.5.1 to Clause 5.5.2 of this Agreement; and
5.7.2 a provision requiring the counterparty to that Sub-Off Contract to include in any Sub-Contract which it awards provisions having the same effect as Clause 5.5.1 to Clause 5.5.2 of this Agreement.
5.7 Where Service Provider enters into a Sub-Contract., Service Provider shall include in that Sub-Contract:
Appears in 1 contract
Samples: Services Agreement
