Common use of Performance Default Clause in Contracts

Performance Default. 30.1 Without prejudice to the Council's right to terminate this Supplier Agreement or any Agreement awarded under it in accordance with these terms and conditions and without prejudice to any other claim or remedy the Council may have against the Service Provider, the Council may in the event that the Service Provider in the reasonable opinion of the Council’s Authorised Officer: - (a) fails to provide the Services or any part of them; or (b) fails to provide the Services to a reasonable standard. issue the Service Provider with a written notice (a "Default Notice") detailing the default, the actions (if any) to be taken to rectify the default and the timeframe for doing so. 30.2 If the Service Provider fails to comply with the Default Notice or if the breach is incapable of remedy, the Council shall be entitled to deduct from any monies that may be due to the Service Provider such sums to reflect the actual loss to the Council arising out of the breach including administration costs. 30.3 If the Service Provider complies with a Default Notice to the reasonable satisfaction of the Council, the Service Provider may be charged the Council's reasonable costs (if any) arising from the breach. 30.4 Without prejudice to the remedies available to the Council under Conditions 30.2 and 30.3, if the Service Provider is issued with three Default Notices under Condition 30.1: 30.4.1 in respect of the provision of the Services regardless of the Agreement to which the Default Notices relate, the Council shall have the right to treat this as a persistent breach of this Supplier Agreement for the purposes of Condition 31.3. 30.4.2 in respect of a specific Agreement, the Council shall have the right to treat this as a persistent breach of that Agreement for the purposes of Condition 31.3.

Performance Default. 30.1 Without prejudice to the Council's right to terminate this Supplier Agreement or any Agreement awarded under it the Contract in accordance with these terms and conditions and without prejudice to any other claim or remedy the Council may have against the Service Provider, the Council may in the event that the Service Provider Provider: - (a) fails in the reasonable opinion of the Council’s 's Authorised Officer: - (a) fails Officer to provide the Services or any part of them; orthe Services; (b) fails to provide any part of the Services to a reasonable standard. standard acceptable to the Council' s Authorised Officer; issue the Service Provider with a written notice (a "Default Notice") detailing the defaultbreach, the actions remedy (if any) and a period within which to be taken to rectify the default and the timeframe for doing socomply. 30.2 If the Service Provider fails to comply with the Default Notice or if the breach is incapable of remedy, the Council shall be entitled to deduct from any monies that may be due to the Service Provider such sums to reflect the actual loss to the Council arising out of the breach including administration costs. 30.3 If the Service Provider complies with a Default Notice to the reasonable satisfaction of the Council, Council the Service Provider may be charged the Council's reasonable costs (if any) arising from the breach. 30.4 Without prejudice to the remedies available to the Council under Conditions 30.2 and 30.3, if If the Service Provider is issued with three Default Notices under Condition 30.1: 30.4.1 in respect of the provision of the Services regardless of the Agreement to which the Default Notices relate, the Council default notices this shall have the right to treat this as be deemed a persistent breach of this Supplier Agreement for the purposes of Condition 31.3. 30.4.2 in respect of a specific Agreement, Contract giving the Council shall have the right to treat terminate this as a persistent breach of that Agreement for the purposes of Condition 31.3Contract in accordance with this Contract.

Performance Default. 30.1 31.1 Without prejudice to the Councila Customer's right to terminate and/or suspend any Services Agreement and/or, in the case of the Council, this Supplier Agreement or any Agreement awarded under it in accordance with these the terms and conditions of the relevant agreement and without prejudice to any other claim or remedy the Council Customer may have against the Service Provider, the Council a Customer may in the event that the Service Provider in the reasonable opinion of the Council’s relevant Authorised Officer: - (a) fails to provide the Services or any part of them; or (b) fails to provide the Services to a reasonable standard. ; issue the Service Provider with a written notice (a "Default Notice") detailing the default, the actions (if any) to be taken to rectify the default and the timeframe for doing so. 30.2 31.2 If the Service Provider fails to comply with the Default Notice or if the breach is incapable of remedy, the Council Customer shall be entitled to deduct from any monies that may be due to the Service Provider such sums to reflect the actual loss to the Council Customer arising out of the breach including administration costs. 30.3 31.3 If the Service Provider complies with a Default Notice to the reasonable satisfaction of the CouncilCustomer, the Service Provider may be charged the CouncilCustomer's reasonable costs (if any) arising from the breach. 30.4 31.4 Without prejudice to the remedies available to the Council a Customer under Conditions Clauses 30.2 and 30.3, if the Service Provider is issued with three Default Notices under Condition 30.1: 30.4.1 in respect of the provision of the Services regardless of the Agreement to which the Default Notices relate, the Council shall have the right to treat this as a persistent breach of this Supplier Agreement for the purposes of Condition 31.3. 30.4.2 Clause 30.1 in respect of a specific Service Agreement, the Council relevant Customer shall have the right to treat this as a persistent breach of that Service Agreement for the purposes of Condition Clause 31.3.

Performance Default. 30.1 Without prejudice to the Council's right to terminate this Supplier Agreement or any Service Agreement awarded under it in accordance with these terms and conditions and without prejudice to any other claim or remedy the Council may have against the Service Provider, the Council may in the event that the Service Provider in the reasonable opinion of the Council’s Authorised OfficerProvider: - 30.1.1 has been deemed to have committed a persistent default (a) fails in relation to provide performance of the Services or any part of them; Services), or 30.1.2 has been deemed to have committed a serious default (bin relation to performance of either of the Services) fails to provide the Services to a reasonable standard. issue the Service Provider with a written notice (a "Default Notice") detailing the default, the actions (if any) to be taken to rectify the default and the timeframe for doing so. 30.2 If the Service Provider fails to comply with the Default Notice or if the breach is incapable of remedy, the Council shall be entitled to claim and/or deduct from any monies that may be due to the Service Provider such sums to reflect the actual loss to the Council arising out of the breach including administration costs. 30.3 If the Service Provider complies with a Default Notice to the reasonable satisfaction of the Council, Council the Service Provider may be charged the Council's reasonable costs (if any) arising from the breach. 30.4 Without prejudice to Notwithstanding the remedies available to the Council under Conditions provisions of clauses 30.2 and 30.3, if the Service Provider is issued with three a Default Notices Notice under Condition clause 30.1: 30.4.1 in respect of the provision of the Services regardless of the Agreement to which the Default Notices relate, the Council shall have the right to treat this as a persistent breach ground for immediate termination of this Supplier the Service Agreement for the purposes of Condition 31.3. 30.4.2 in respect of a specific Agreement, which the Council shall have Default Notice was issued and / or of the right to treat this as a persistent breach of that Supplier Agreement for the purposes of Condition 31.3.in accordance with clause 31.4

Performance Default. 30.1 Without prejudice to the Council's right to terminate this Supplier Agreement or any Service Agreement awarded under it in accordance with these terms and conditions and without prejudice to any other claim or remedy the Council may have against the Service Provider, the Council may in the event that the Service Provider in the reasonable opinion of the Council’s Authorised Officer: - (a) fails to provide the Services or any part of them; or (b) fails to provide the Services to a reasonable standard. ; issue the Service Provider with a written notice (a "Default Notice") detailing the default, the actions (if any) to be taken to rectify the default and the timeframe for doing so. 30.2 If the Service Provider fails to comply with the Default Notice or if the breach is incapable of remedy, the Council shall be entitled to deduct from any monies that may be due to the Service Provider such sums to reflect the actual loss to the Council arising out of the breach including administration costs. 30.3 If the Service Provider complies with a Default Notice to the reasonable satisfaction of the Council, the Service Provider may be charged the Council's reasonable costs (if any) arising from the breach. 30.4 Without prejudice to the remedies available to the Council under Conditions 30.2 and 30.3, if the Service Provider is issued with three Default Notices under Condition 30.1: 30.4.1 in respect of the provision of the Services regardless of the Service Agreement to which the Default Notices relate, the Council shall have the right to treat this as a persistent breach of this Supplier Agreement for the purposes of Condition 31.3.; 30.4.2 in respect of a specific Service Agreement, the Council shall have the right to treat this as a persistent breach of that Service Agreement for the purposes of Condition 31.3.