Common use of Performance Default Clause in Contracts

Performance Default. 30.1 Without prejudice to a Customer's right to terminate and/or suspend any Services Agreement and/or, in the case of the Council, this Supplier Agreement in accordance with the terms and conditions of the relevant agreement and without prejudice to any other claim or remedy the Customer may have against the Service Provider, a Customer may in the event that the Service Provider in the reasonable opinion of the 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; or c is in material breach of any of the terms and conditions within this Supplier Agreement, 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 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 Customer 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 Customer, the Service Provider may be charged the Customer's reasonable costs (if any) arising from the breach. 30.4 Without prejudice to the remedies available to a Customer under Clauses 30.2 and 30.3, if the Service Provider is issued with three Default Notices under Clause 30.1 in respect of a specific Service Agreement, the relevant Customer shall have the right to treat this as a persistent breach of that Service Agreement for the purposes of Clause 31.3.

Performance Default. 30.1 Without prejudice to a Customer's right to terminate and/or suspend the provision of Services under any Services Agreement and/or, in the case of and/or to the Council, ’s right to terminate this Supplier Agreement and/or to suspend a supplier’s participation in the DPS in accordance with the terms and conditions of the relevant agreement and without prejudice to any other claim or remedy the Customer may have against the Service Provider, a Customer may may, in the event that the Service Provider in the reasonable opinion of the 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; or c is otherwise in material breach of any of the terms and conditions within of this Supplier Agreement or of a Service Agreement, 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 to the reasonable satisfaction of the Customer or if the default is a breach that is incapable of remedy, the 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 Customer 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 Customer, the Service Provider may be charged the Customer's reasonable costs (if any) arising from the breach. 30.4 Without prejudice to the remedies available to a Customer under Clauses 30.2 and 30.3, if the Service Provider is issued with three Default Notices under Clause 30.1 in respect of a specific Service Agreement, the relevant Customer shall have the right to treat this as a persistent breach of that Service Agreement for the purposes of Clause 31.3.

Performance Default. 30.1 Without prejudice to a Customer's right to terminate and/or suspend any Services Agreement and/or, in the case of the Council, this Supplier Agreement in accordance with the terms and conditions of the relevant agreement and without prejudice to any other claim or remedy the Customer may have against the Service Provider, a Customer may in the event that the Service Provider in the reasonable opinion of the relevant Authorised Officer: - a - (a) fails to provide the Services or any part of them; or b or (b) fails to provide the Services to a reasonable standard; or c is in material breach of any of the terms and conditions within this Supplier Agreement, 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 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 Customer arising out of the breach including administration costs.including 30.3 If the Service Provider complies with a Default Notice to the reasonable satisfaction of the Customer, the Service Provider may be charged the Customer's reasonable costs (if any) arising from the breach. 30.4 Without prejudice to the remedies available to a Customer under Clauses 30.2 and 30.3, if the Service Provider is issued with three Default Notices under Clause 30.1 in respect of a specific Service Agreement, the relevant Customer shall have the right to treat this as a persistent breach of that Service Agreement for the purposes of Clause 31.3.Clauses