REMEDIES IN THE EVENT OF INADEQUATE PERFORMANCE Sample Clauses

REMEDIES IN THE EVENT OF INADEQUATE PERFORMANCE. 44.1 Where a complaint is received about the standard of Services or about the manner in which any Services have been supplied or work has been performed or about the materials or procedures used or about any other matter connected with the performance of the SERVICE PROVIDER’S obligations under the Contract, then the CLIENT shall take all reasonable steps to ascertain whether the complaint is valid. If the CLIENT so decides, it may uphold the complaint, or take further action in accordance with Clause 55 (Termination on Default) of the Contract. 44.2 In the event that the CLIENT is of the reasonable opinion that there has been a material breach of the Contract by the SERVICE PROVIDER, or the SERVICE PROVIDER’S performance of its obligations under the Contract has failed to meet the requirements set out in the Statement of Work, then the CLIENT may, without prejudice to its rights under Clause 55 (Termination on Default) of the Contract, do any of the following:- 44.2.1 without terminating the Contract, itself supply or procure the supply of part of the Services until such time as the SERVICE PROVIDER shall have demonstrated to the reasonable satisfaction of the CLIENT that the SERVICE PROVIDER will once more be able to supply such part of the Services in accordance with the Contract or the Statement of Work; 44.2.2 without terminating the whole of the Contract, terminate the Contract in respect of part of the Services only (whereupon a corresponding reduction in the Contract Price shall be made) and thereafter itself supply or procure a third party to supply such part of the Services; 44.2.3 terminate, in accordance with Clause 55 (Termination on Default), the whole of the Contract; and/or 44.2.4 charge the SERVICE PROVIDER for and the SERVICE PROVIDER shall pay any cost reasonably incurred by the CLIENT and any reasonable administration costs in respect of the supply of any part of the Services by the CLIENT or a third party to the extent that such costs exceed the payment which would otherwise have been payable to the SERVICE PROVIDER for such part of the Services and provided that the CLIENT uses its reasonable endeavours to mitigate any additional expenditure in obtaining replacement Services. 44.3 If the SERVICE PROVIDER fails to supply any of the Services in accordance with the provisions of the Contract and such failure is capable of remedy, then the CLIENT shall instruct the SERVICE PROVIDER to remedy the failure and the SERVICE PROVIDER shall at ...
Sample 1Sample 2Sample 3See All (10)
AutoNDA by SimpleDocs
REMEDIES IN THE EVENT OF INADEQUATE PERFORMANCE. 39.1 Where a complaint is received about the standard of Services or about the manner in which any Services have been supplied or work has been performed or about the materials or procedures used or about any other matter connected with the performance of the Supplier’s obligations under the Contract, then the Council shall be entitled to investigate the complaint in accordance with the contract monitoring and management procedures contained in 0 (Contract Management). 39.2 In the event that the Council is of the reasonable opinion that there has been a fundamental breach of the Contract by the Supplier, then the Council may, without prejudice to its rights under clause 48 (Termination on Default), do any of the following: 39.2.1 without terminating the Contract, suspend the Supplier from performing the all or part of the Services and itself supply or procure the supply of all or part of the Services until such time as the Supplier shall have demonstrated to the reasonable satisfaction of the Council that the Supplier will once more be able to supply all or such part of the Services in accordance with the Contract; 39.2.2 without terminating the whole of the Contract, terminate the Contract in respect of part of the Services only (whereupon a corresponding reduction in the Contract Price shall be made) and thereafter itself supply or procure a third party to supply such part of the Services; and/or 39.2.3 terminate, in accordance with clause 48 (Termination on Default), the whole of the Contract. 39.3 Without prejudice to its right under clause 21 (Recovery of Sums Due), the Council may charge the Supplier for any costs reasonably incurred and any reasonable administration costs in respect of the supply of any part of the Services by the Council or a third party to the extent that such costs exceed the payment which would otherwise have been payable to the Supplier for such part of the Services and provided that the Council uses its reasonable endeavours to mitigate any additional expenditure in obtaining replacement Services. 39.4 If the Supplier fails to supply any of the Services in accordance with the provisions of the Contract and such failure is capable of remedy, then the Council shall instruct the Supplier to remedy the failure and the Supplier shall at its own cost and expense remedy such failure (and any damage resulting from such failure) within 10 Working Days or such other period of time as the Council may direct. 39.5 In the event that: 39.5....
Sample 1Sample 2Sample 3See All (8)
REMEDIES IN THE EVENT OF INADEQUATE PERFORMANCE. 23.1 Where the Lead Organisation receives a complaint about the standard of Services or about the manner in which any Services have been provided or work has been performed or about the materials or procedures used or about any other matter connected with the performance of the Delivery Partner’s obligations under this Services Agreement, then the Lead Organisation shall take reasonable steps to investigate the complaint. The Lead Organisation may, in its sole discretion, uphold the complaint, and may (acting reasonably): (a) subject to clause 23.3 withhold a sum; or (b) deduct a sum, in each case equal to a maximum of [ten percent (10%)] of the Contract Price payable in respect of the month in which the complaint arose. 23.2 The Parties agree that a deduction made pursuant to clause 23.1(b) represents a genuine pre-estimate of the loss likely to be suffered by the Lead Organisation. 23.3 Where the Lead Organisation withholds a sum pursuant to clause 23.1(a) then that sum shall be paid to the Delivery Partner when, in the reasonable opinion of the Lead Organisation, the matters complained of have been rectified and there has been no repeat of those matters for 3 month(s). 23.4 If the Delivery Partner fails to supply any of the Services in accordance with the provisions of this Services Agreement and such failure is capable of remedy, then the Lead Organisation shall instruct the Delivery Partner to remedy the failure and the Delivery Partner shall at its own cost and expense remedy such failure (and any damage resulting from such failure) within [ten (10)] Working Days of the Lead Organisation’s instructions or such other period of time as the Lead Organisation may direct. 23.5 If the Delivery Partner: (a) fails to comply with clause 23.4 above and the failure is materially adverse to the interests of the Lead Organisation or prevents the Lead Organisation from discharging a statutory duty; or
Sample 1Sample 2Sample 3
REMEDIES IN THE EVENT OF INADEQUATE PERFORMANCE. 7.5.1 Where a complaint is received about the standard of Services or about the manner in which any Services have been supplied or work has been performed or about the materials or procedures used or about any other matter connected with the performance of the Service Provider’s obligations under the Contract, then the Customer shall take all reasonable steps to ascertain whether the complaint is valid. If the Customer so decides, it may uphold the complaint, or take further action in accordance with Clause 9.2 (Termination on Default) of the Contract. 7.5.2 In the event that the Customer is of the reasonable opinion that there has been a material breach of the Contract by the Service Provider, or the Service Provider’s performance of its obligations under the Contract has failed to meet the requirements set out in the Statement of Work, then the Customer may, without prejudice to its rights under Clause 9.2 (Termination on Default) of the Contract, do any of the following:- (a) without terminating the Contract, itself supply or procure the supply of part of the Services until such time as the Service Provider shall have demonstrated to the reasonable satisfaction of the Customer that the Service Provider will once more be able to supply such part of the Services in accordance with the Contract or the Statement of Work; (b) without terminating the whole of the Contract, terminate the Contract in respect of part of the Services only (whereupon a corresponding reduction in the Contract Price shall be made) and thereafter itself supply or procure a third party to supply such part of the Services; (c) terminate, in accordance with Clause 9.2 (Termination on Default), the whole of the Contract; and/or (d) charge the Service Provider for and the Service Provider shall pay any cost reasonably incurred by the Customer and any reasonable administration costs in respect of the supply of any part of the Services by the Customer or a third party to the extent that such costs exceed the payment which would otherwise have been payable to the Service Provider for such part of the Services and provided that the Customer uses its reasonable endeavours to mitigate any additional expenditure in obtaining replacement Services. 7.5.3 If the Service Provider fails to supply any of the Services in accordance with the provisions of the Contract and such failure is capable of remedy, then the Customer shall instruct the Service Provider to remedy the failure and the Service Provid...
Sample 1Sample 2
REMEDIES IN THE EVENT OF INADEQUATE PERFORMANCE. Where a complaint is received or a problem indicated in any Customer Satisfaction Survey about the standard of Services or about the way any Services have been delivered or work has been performed or about the materials or procedures used or about any other matter connected with the performance of the Agreement, then the Contract Manager shall take all reasonable steps to ascertain whether the complaint is valid. If the Contract Manager so decides, he may uphold the complaint, or take further action in accordance with the provisions of clause 63 of the Agreement.
Sample 1Sample 2
REMEDIES IN THE EVENT OF INADEQUATE PERFORMANCE. Where a complaint is received about the standard of Services or about the manner in which any Services have been supplied or work has been performed or about the materials or procedures used or about any other matter connected with the performance of the Contractor’s obligations under the Framework Agreement, then the Authority shall notify the Contractor, and where considered appropriate by the Authority, investigate the complaint. The Authority may, in its sole discretion, uphold the complaint and take further action in accordance with clause 40 (Termination on Default) of the Framework Agreement.
Sample 1
REMEDIES IN THE EVENT OF INADEQUATE PERFORMANCE. 7.1 Subject to the Commissioner providing written consent in accordance with clause 8.2 (Provision and Removal of Equipment), timely supply of the Services shall be of the essence of this Agreement, including in relation to commencing the supply of the Services within the time agreed or on a specified date. 7.2 In the event that the Commissioner is of the reasonable opinion that there has been a material breach of this Agreement by the Supplier, then the Commissioner may, without prejudice to its rights under clause 38.3 (Termination on Default), do any of the following: 7.2.1 require the Supplier to re-perform the relevant Services or to comply with its obligations, at its own cost; 7.2.2 without terminating this Agreement, itself supply or procure the supply of all or part of the Services by a third party until such time as the Supplier shall have demonstrated to the reasonable satisfaction of the Commissioner that the Supplier will once more be able to supply all or such part of the Services in accordance with this Agreement; 7.2.3 without terminating the whole of this Agreement, terminate this Agreement in respect of part of the Services only (whereupon a corresponding reduction in the Contract Price shall be made) and thereafter itself supply or procure a third party to supply such part of the Services; and/or 7.2.4 terminate, in accordance with clause 38.3 (Termination on Default), the whole of this Agreement. 7.3 Without prejudice to its right under clause 11 (Recovery of Sums Due), the Commissioner may charge the Supplier for any costs reasonably incurred (including reasonable administration costs) in respect of the supply of any part of the Services by the Commissioner or a third party to the extent that such costs exceed the payment which would otherwise have been payable to the Supplier for such part of the Services and provided that the Commissioner uses its reasonable endeavours to mitigate any additional expenditure in obtaining replacement Services.
Sample 1
AutoNDA by SimpleDocs
REMEDIES IN THE EVENT OF INADEQUATE PERFORMANCE. 35.1 In the event that there has been a material breach of this Agreement by the Contractor, or the Contractor’s performance of its duties under the Agreement has failed to meet the requirements, then the Contracting Body may, subject to service of a notice provided under Condition 34.4 of the Agreement, do any of the following: 35.1.1 make such deduction from the payment to be made to the Contractor as the Contracting Body shall reasonably determine to reflect sums paid or sums which would otherwise be payable in respect of such of the Vehicles or Associated Services as the Contractor shall have failed to provide; 35.1.2 without terminating the Agreement itself, provide or procure such of the Vehicles or such part of the Associated Services until such time as the Contractor shall have demonstrated to the reasonable satisfaction of the Contracting Body that the Contractor will once more be able to provide such of the Vehicles or perform such part of the Associated Services in accordance with the Performance; 35.1.3 without terminating the whole of the Agreement, terminate the Agreement in respect of part of the Services only (whereupon a corresponding reduction in the Rent shall be made) and thereafter itself provide or procure a third party to provide such of the Vehicles or such part of the Associated Services. 35.2 The Contracting Body may charge to the Contractor any cost reasonably incurred by the Contracting Body and any reasonable administration costs in respect of the provision of any part of the Services by the Contracting Body or by a third party to the extent that such costs exceed the payment which would otherwise have been payable to the Contractor for such part of the Services. 35.3 In the event that: 35.3.1 the Contractor fails to comply with Condition 35.1; or 35.3.2 the Contractor persistently fails to comply with Condition 35.1, and such failures, taken as a whole, are materially adverse to the commercial interests of the Contracting Body; 35.3.3 the Contracting Body reserves the right to terminate the Agreement by notice in writing with immediate effect. 35.4 In the event that through any Default of the Contractor, data transmitted or processed in connection with the Agreement is either lost or sufficiently degraded as to be unusable, the Contractor shall be liable for the cost of reconstitution of that data and shall provide a full credit in respect of any charge levied for its transmission. 35.5 The Contractor may terminate this Agreem...
Sample 1

Related to REMEDIES IN THE EVENT OF INADEQUATE PERFORMANCE

  • Waiver of Breach; Specific Performance The waiver of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other breach. Each of the parties to this Agreement will be entitled to enforce this Agreement, specifically, to recover damages by reason of any breach of this Agreement, and to exercise all other rights existing in that party’s favor. The parties hereto agree and acknowledge that money damages may not be an adequate remedy for any breach of the provisions of this Agreement and that any party may apply to any court of law or equity of competent jurisdiction for specific performance or injunctive relief to enforce or prevent any violations of the provisions of this Agreement.

  • REMEDIES, CHARACTERIZATION, OTHER OBLIGATIONS, BREACHES AND INJUNCTIVE RELIEF The remedies provided in this Warrant shall be cumulative and in addition to all other remedies available under this Warrant and the other Transaction Documents, at law or in equity (including a decree of specific performance and/or other injunctive relief), and nothing herein shall limit the right of the Holder to pursue actual damages for any failure by the Company to comply with the terms of this Warrant. The Company covenants to the Holder that there shall be no characterization concerning this instrument other than as expressly provided herein. Amounts set forth or provided for herein with respect to payments, exercises and the like (and the computation thereof) shall be the amounts to be received by the Holder and shall not, except as expressly provided herein, be subject to any other obligation of the Company (or the performance thereof). The Company acknowledges that a breach by it of its obligations hereunder will cause irreparable harm to the Holder and that the remedy at law for any such breach may be inadequate. The Company therefore agrees that, in the event of any such breach or threatened breach, the holder of this Warrant shall be entitled, in addition to all other available remedies, to an injunction restraining any breach, without the necessity of showing economic loss and without any bond or other security being required. The Company shall provide all information and documentation to the Holder that is requested by the Holder to enable the Holder to confirm the Company’s compliance with the terms and conditions of this Warrant (including, without limitation, compliance with Section 2 hereof). The issuance of shares and certificates for shares as contemplated hereby upon the exercise of this Warrant shall be made without charge to the Holder or such shares for any issuance tax or other costs in respect thereof, provided that the Company shall not be required to pay any tax which may be payable in respect of any transfer involved in the issuance and delivery of any certificate in a name other than the Holder or its agent on its behalf.

  • Remedies, Characterizations, Other Obligations, Breaches and Injunctive Relief The remedies provided in this Note shall be cumulative and in addition to all other remedies available under this Note and any of the other Transaction Documents at law or in equity (including a decree of specific performance and/or other injunctive relief), and nothing herein shall limit the Holder’s right to pursue actual and consequential damages for any failure by the Company to comply with the terms of this Note. The Company covenants to the Holder that there shall be no characterization concerning this instrument other than as expressly provided herein. Amounts set forth or provided for herein with respect to payments, conversion and the like (and the computation thereof) shall be the amounts to be received by the Holder and shall not, except as expressly provided herein, be subject to any other obligation of the Company (or the performance thereof). The Company acknowledges that a breach by it of its obligations hereunder will cause irreparable harm to the Holder and that the remedy at law for any such breach may be inadequate. The Company therefore agrees that, in the event of any such breach or threatened breach, the Holder shall be entitled, in addition to all other available remedies, to an injunction restraining any such breach or any such threatened breach, without the necessity of showing economic loss and without any bond or other security being required. The Company shall provide all information and documentation to the Holder that is requested by the Holder to enable the Holder to confirm the Company’s compliance with the terms and conditions of this Note.

  • Other Remedies; Specific Performance Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.

  • Specific Performance; Remedies Each party acknowledges and agrees that the other party would be damaged irreparably if any provision of this Agreement were not performed in accordance with its specific terms or were otherwise breached. Accordingly, the parties will be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and its provisions in any action or proceeding instituted in any court having jurisdiction over the parties and the matter, in addition to any other remedy to which they may be entitled, at law or in equity. Except as expressly provided for herein, the rights, obligations and remedies created by this Agreement are cumulative and in addition to any other rights, obligations or remedies otherwise available at law or in equity. Except as expressly provided herein, nothing herein will be considered an election of remedies.

  • Remedies; Specific Performance The Company stipulates that there would be no adequate remedy at law to the Holder of this Warrant in the event of any default or threatened default by the Company in the performance of or compliance with any of the terms of this Warrant and accordingly, the Company agrees that, in addition to any other remedy to which the Holder may be entitled at law or in equity, the Holder shall be entitled to seek to compel specific performance of the obligations of the Company under this Warrant, without the posting of any bond, in accordance with the terms and conditions of this Warrant in any court of the United States or any State thereof having jurisdiction, and if any action should be brought in equity to enforce any of the provisions of this Warrant, the Company shall not raise the defense that there is an adequate remedy at law. Except as otherwise provided by law, a delay or omission by the Holder hereto in exercising any right or remedy accruing upon any such breach shall not impair the right or remedy or constitute a waiver of or acquiescence in any such breach. No remedy shall be exclusive of any other remedy. All available remedies shall be cumulative.

  • Specific Performance and Remedies Shareholder acknowledges that it will be impossible to measure in money the damage to Parent if Shareholder fails to comply with the obligations imposed by this Agreement and that, in the event of any such failure, Parent will not have an adequate remedy at law or in equity. Accordingly, Shareholder agrees that injunctive relief or other equitable remedy, in addition to remedies at law or in damages, is the appropriate remedy for any such failure and will not oppose the granting of such relief on the basis that Parent has an adequate remedy at law. Shareholder agrees that Shareholder will not seek, and agrees to waive any requirement for, the securing or posting of a bond in connection with Parent’s seeking or obtaining such equitable relief. In addition, after discussing the matter with Shareholder, Parent shall have the right to inform any third party that Parent reasonably believes to be, or to be contemplating, participating with Shareholder or receiving from Shareholder assistance in violation of this Agreement, of the terms of this Agreement and of the rights of Parent hereunder, and that participation by any such persons with Shareholder in activities in violation of Shareholder’s agreement with Parent set forth in this Agreement may give rise to claims by Parent against such third party.

  • REMEDIES, OTHER OBLIGATIONS, BREACHES AND INJUNCTIVE RELIEF The remedies provided in this Warrant shall be cumulative and in addition to all other remedies available under this Warrant and the other Transaction Documents, at law or in equity (including a decree of specific performance and/or other injunctive relief), and nothing herein shall limit the right of the Holder to pursue actual damages for any failure by the Company to comply with the terms of this Warrant. The Company acknowledges that a breach by it of its obligations hereunder will cause irreparable harm to the Holder and that the remedy at law for any such breach may be inadequate. The Company therefore agrees that, in the event of any such breach or threatened breach, the holder of this Warrant shall be entitled, in addition to all other available remedies, to an injunction restraining any breach, without the necessity of showing economic loss and without any bond or other security being required.

  • Remedies for Breach of Restrictive Covenant Executive has reviewed the provisions of this Agreement with legal counsel, or has been given adequate opportunity to seek such counsel, and Executive acknowledges that the covenants contained in this Section 7 are reasonable with respect to their duration, geographical area and scope. Executive further acknowledges that the restrictions contained in this Section 7 are reasonable and necessary for the protection of the legitimate business interests of the Company, that they create no undue hardships, that any violation of these restrictions would cause substantial injury to the Company and such interests, and that such restrictions were a material inducement to the Company to enter into this Agreement. In the event of any violation or threatened violation of these restrictions, the Company, in addition to and not in limitation of, any other rights, remedies or damages available to the Company under this Agreement or otherwise at law or in equity, shall be entitled to preliminary and permanent injunctive relief to prevent or restrain any such violation by Executive and any and all persons directly or indirectly acting for or with Executive, as the case may be. If Executive violates the Restrictive Covenant and the Company brings legal action for injunctive or other relief, the Company shall not, as a result of the time involved in obtaining such relief, be deprived of the benefit of the full period of the Restrictive Covenant. Accordingly, the Restrictive Covenant shall be deemed to have the duration specified herein computed from the date the relief is granted but reduced by the time between the period when the Restrictive Period began to run and the date of the first violation of the Restrictive Covenant by Executive.

  • Remedies Cumulative; Specific Performance The rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party shall be entitled (in addition to any other remedy that may be available to it) to (a) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (b) an injunction restraining such breach or threatened breach.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!