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 ...
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....
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
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...
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.
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...
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.
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.
