Performance Failures. 6.1 Without prejudice to any other rights and remedies the Authority may have, if during the Contract Period: 6.1.1 a Service Failure occurs, Service Credits shall be deducted from the Monthly Payment in accordance with Schedule 7; 6.1.2 a Notifiable Default occurs, the Supplier shall comply with the Rectification Plan Process (in addition to the Service Credits accruing in accordance with Schedule 7); and/or 6.1.3 a Supplier Termination Event occurs, the Authority may exercise its rights to terminate the Contract in whole or in part pursuant to Clause 50.1. 6.2 Subject to Clause 6.3, not more than once in each calendar year of the Contract Period the Authority may, on giving the Supplier at least three (3) Months' notice: 6.2.1 change the weighting that applies in respect of one or more specific Key Performance Indicators; and/or 6.2.2 change the classification of one or more specific Key Performance Indicators 6.3 Within ten (10) Working Days of the date that notice is served by the Authority under Clause 6.2, the Parties shall meet to discuss the consequences of the proposed changes to the Key Performance Indicators, at which meeting the Supplier shall be entitled to make representations to the Authority regarding the consequences of the proposed changes to the Key Performance Indicators. Where the Parties (each acting reasonably) agree that the proposed changes to the Key Performance Indicators will have a material adverse impact on the risk profile of the Supplier under the Contract, the proposed change shall be agreed by the Parties via the Change Control Procedure. For all other changes to the Key Performance Indicators, the Parties agree that such change shall be incorporated into this Contract without the need to refer the matter to the Change Control Procedure and at no cost to the Authority or any other Commissioning Body. 6.4 In the event of the Authority's breach of the terms of this Contract (including payment of any Service Payment properly due), the Supplier shall not suspend the Services (or any part thereof) or terminate any part of this Contract but shall refer the matter to the Dispute Resolution Procedure.
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Samples: Quality Assurance Services Agreement, Quality Assurance Services Agreement
Performance Failures. 6.1 Without prejudice to any other rights and remedies the Authority may have, if during the Contract Period:
6.1.1 a Non-Fulfilment and/or a Service Failure occurs, Service Credits for Non-Fulfilment shall be deducted from the Monthly Payment and/or a credit note in respect of the Service Failure shall be issued, in accordance with Schedule 7;
6.1.2 a Notifiable Default occurs, the Supplier shall comply with the Rectification Plan Process (in addition to the Service Credits and/or credit notes accruing in accordance with Schedule 7); and/or
6.1.3 a Supplier Termination Event occurs, the Authority may exercise its rights to terminate the Contract in whole or in part pursuant to Clause 50.151.1.
6.2 Subject to Clause 6.3, not more than once in each calendar year of the Contract Period the Authority may, on giving the Supplier at least three (3) Months' notice:
6.2.1 change the weighting that applies in respect of one or more specific Key Performance Indicators; and/or
6.2.2 change the classification of one or more specific Key Performance Indicators
6.3 Within ten (10) Working Days of the date that notice is served by the Authority under Clause 6.2, the Parties shall meet to discuss the consequences of the proposed changes to the Key Performance Indicators, at which meeting the Supplier shall be entitled to make representations to the Authority regarding the consequences of the proposed changes to the Key Performance Indicators. Where the Parties (each acting reasonably) agree that the proposed changes to the Key Performance Indicators will have a material adverse impact on the risk profile of the Supplier under the Contract, the proposed change shall be agreed by the Parties via the Change Control Procedure. For all other changes to the Key Performance Indicators, the Parties agree that such change shall be incorporated into this Contract without the need to refer the matter to the Change Control Procedure and at no cost to the Authority or any other Commissioning Body.
6.4 In the event of the Authority's breach of the terms of this Contract (including payment of any Service Payment properly due), the Supplier shall not suspend the Services (or any part thereof) or terminate any part of this Contract but shall refer the matter to the Dispute Resolution Procedure.
Appears in 2 contracts
Samples: Provision of Language Services Agreement, Agreement Relating to the Provision of Language Services β Non Spoken Languages (Lot 3)
Performance Failures. 6.1 Without prejudice to any other rights and remedies the Authority may have, if during the Contract Period:
6.1.1 a Service Failure and/or Non-Fulfilment occurs, Service Credits shall be deducted from invoiced to the Monthly Payment Supplier by the Commissioning Bodies or the Authority in accordance with Schedule 7;
6.1.2 a Notifiable Default occurs, the Supplier shall comply with the Rectification Plan Process (in addition to the Service Credits accruing in accordance with Schedule 7); and/or
6.1.3 a Supplier Termination Event occurs, the Authority may exercise its rights to terminate the Contract in whole or in part pursuant to Clause 50.151.1.
6.2 Subject to Clause 6.3, not more than once in each calendar year of the Contract Period the Authority may, on giving the Supplier at least three (3) Months' notice:
6.2.1 change the weighting that applies in respect of one or more specific Key Performance Indicators; and/or
6.2.2 change the classification of one or more specific Key Performance Indicators.
6.3 Within ten (10) Working Days of the date that notice is served by the Authority under Clause 6.2, the Parties shall meet to discuss the consequences of the proposed changes to the Key Performance Indicators, at which meeting the Supplier shall be entitled to make representations to the Authority regarding the consequences of the proposed changes to the Key Performance Indicators. Where the Parties (each acting reasonably) agree that the proposed changes to the Key Performance Indicators will have a material adverse impact on the risk profile of the Supplier under the Contract, the proposed change shall be agreed by the Parties via the Change Control Procedure. For all other changes to the Key Performance Indicators, the Parties agree that such change shall be incorporated into this Contract without the need to refer the matter to the Change Control Procedure and at no cost to the Authority or any other Commissioning Body.
6.4 In the event of the Authority's breach of the terms of this Contract (including payment of any Service Payment properly due), the Supplier shall not suspend the Services (or any part thereof) or terminate any part of this Contract but shall refer the matter to the Dispute Resolution Procedure.
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