Common use of REMEDIES IN THE EVENT OF INADEQUATE PERFORMANCE Clause in Contracts

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 its own cost and expense remedy such failure (and any damage resulting from such failure) within ten (10) Working Days or such other period of time as the CLIENT may direct. 44.4 In the event that:- 44.4.1 the SERVICE PROVIDER fails to comply with Clause 44.3 and the failure is materially adverse to the interests of the CLIENT or prevents the CLIENT from discharging a statutory duty; or 44.4.2 the SERVICE PROVIDER persistently fails to comply with Clause 44.3, the CLIENT reserves the right to terminate the Contract with immediate effect by giving the SERVICE PROVIDER notice in writing.

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 10.1 In the event that the CLIENT is of the reasonable opinion that there Consultancy has been a material breach of the Contract by the SERVICE PROVIDER, or the SERVICE PROVIDER’S performance failed to perform any of its obligations duties under the Contract Agreement or in so doing has failed to meet the requirements set out in the Statement of WorkClause 4, then the CLIENT Commission may, without prejudice to its rights under Clause 55 (Termination on Default) the terms of the Contractthis Agreement, do any of the following:-following: 44.2.1 (a) make such deduction from the payment to be made to the Consultancy as the Commission shall reasonably determine as being equivalent to the value of the part of the Service as the Consultancy shall have failed to provide or to provide adequately which would otherwise have been payable in respect of the Services; (b) without terminating the ContractAgreement, itself supply provide or procure the supply provision of part of the Services until such time as the SERVICE PROVIDER Consultancy shall have demonstrated to the reasonable satisfaction of the CLIENT Commission that the SERVICE PROVIDER Consultancy will once more be able to supply perform such part of the Services in accordance with the Contract or the Statement of WorkAgreement; 44.2.2 (c) without terminating the whole of the ContractAgreement, terminate the Contract Agreement in respect of part of the Services only (whereupon a corresponding reduction in the Contract Price fee shall be made) and thereafter itself supply provide or procure a third party to supply provide such part of the Services; 44.2.3 terminate, in accordance with Clause 55 (Termination on Default), d) where the whole failure is a failure to perform any of the Contract; and/or 44.2.4 charge Services to the SERVICE PROVIDER for satisfaction of the Commission, then the Commission may instruct the Consultancy to perform the work to the satisfaction of the Commission and the SERVICE PROVIDER Consultancy shall pay at its own cost and expense remedy such failure (and any damage resulting from such failure) within 14 days or such other period of time as the Commission may direct. 10.2 The Commission may charge to the Consultancy any cost reasonably incurred by the CLIENT Commission and any reasonable administration costs in respect of the supply provision of any part of the Services by the CLIENT Commission or by a third party to the extent that such costs exceed the payment which would otherwise have been payable to the SERVICE PROVIDER Consultancy 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 10.3 The remedies of the Services Commission under this Clause may be exercised successively in accordance with respect of any one or more failures by 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 its own cost and expense remedy such failure (and any damage resulting from such failure) within ten (10) Working Days or such other period of time as the CLIENT may directConsultancy. 44.4 In the event that:- 44.4.1 the SERVICE PROVIDER fails to comply with Clause 44.3 and the failure is materially adverse to the interests of the CLIENT or prevents the CLIENT from discharging a statutory duty; or 44.4.2 the SERVICE PROVIDER persistently fails to comply with Clause 44.3, the CLIENT reserves the right to terminate the Contract with immediate effect by giving the SERVICE PROVIDER notice in writing.

REMEDIES IN THE EVENT OF INADEQUATE PERFORMANCE. 44.1 41.1 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 Contractor’s obligations under the Contract, then the CLIENT Council shall take all reasonable steps be entitled to ascertain whether investigate the complaint is validin accordance with the contract monitoring and management procedures contained in Schedule 14 (Contract Management). If the CLIENT so decidesThe Council may, it may in its sole discretion, uphold the complaint, or complaint and take further action in accordance with Clause 55 clause 52 (Termination on Default) of the Contract. 44.2 41.2 In the event that the CLIENT Council 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 WorkContractor, then the CLIENT Council may, without prejudice to its rights under Clause 55 clause 52 (Termination on Default) of the Contract), do any of the following:-following: 44.2.1 41.2.1 without terminating the Contract, itself supply or procure the supply of all or part of the Services until such time as the SERVICE PROVIDER Contractor shall have demonstrated to the reasonable satisfaction of the CLIENT Council that the SERVICE PROVIDER Contractor will once more be able to supply all or such part of the Services in accordance with the Contract or the Statement of WorkContract; 44.2.2 41.2.2 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 44.2.3 41.2.3 terminate, in accordance with Clause 55 clause 52 (Termination on Default), the whole of the Contract; and/or. 44.2.4 41.3 Without prejudice to its right under clause 22 (Recovery of Sums Due), the Council may charge the SERVICE PROVIDER Contractor for and the SERVICE PROVIDER shall pay any cost costs reasonably incurred by the CLIENT and any reasonable administration costs in respect of the supply of any part of the Services by the CLIENT Council or a third party to the extent that such costs exceed the payment which would otherwise have been payable to the SERVICE PROVIDER Contractor for such part of the Services and provided that the CLIENT Council uses its reasonable endeavours to mitigate any additional expenditure in obtaining replacement Services. 44.3 41.4 If the SERVICE PROVIDER Contractor 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 Council shall instruct the SERVICE PROVIDER Contractor to remedy the failure and the SERVICE PROVIDER Contractor shall at its own cost and expense remedy such failure (and any damage resulting from such failure) within ten (10) 10 Working Days or such other period of time as the CLIENT Council may direct. 44.4 41.5 In the event that:- 44.4.1 that: 41.5.1 the SERVICE PROVIDER Contractor fails to comply with Clause 44.3 clause 41.4 above and the failure is materially adverse to the interests of the CLIENT Council or prevents the CLIENT Council from discharging a statutory duty; or 44.4.2 the SERVICE PROVIDER persistently fails to comply with Clause 44.3, the CLIENT reserves the right to terminate the Contract with immediate effect by giving the SERVICE PROVIDER notice in writing.

REMEDIES IN THE EVENT OF INADEQUATE PERFORMANCE. 44.1 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 SERVICE PROVIDER’S Provider’s obligations under the this Contract, then the CLIENT Council shall take all reasonable steps be entitled to ascertain whether investigate the complaint is validin accordance with the contract monitoring and management procedures contained in Schedule 6 (Contract Management). If the CLIENT so decidesThe Council may, it may in its sole discretion, uphold the complaint, or complaint and take further action in accordance with Clause 55 clause 49 (Termination on Default) of the this Contract. 44.2 39.2 In the event that the CLIENT Council 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 WorkProvider, then the CLIENT Council may, without prejudice to its rights under Clause 55 clause 49 (Termination on Default) of the Contract), do any of the following:-following: 44.2.1 39.2.1 without terminating the this Contract, itself supply or procure the supply of all or part of the Services until such time as the SERVICE PROVIDER Provider shall have demonstrated to the reasonable satisfaction of the CLIENT Council that the SERVICE PROVIDER Provider will once more be able to supply all or such part of the Services in accordance with the Contract or the Statement of Workthis Contract; 44.2.2 39.2.2 without terminating the whole of the this Contract, terminate the this Contract in respect of part of the Services only (whereupon a corresponding reduction in the this Contract Price shall be made) and thereafter itself supply or procure a third party to supply such part of the Services;; and/or 44.2.3 39.2.3 terminate, in accordance with Clause 55 clause 49 (Termination on Default), the whole of this Contract. 39.3 Without prejudice to its right under clause 22 (Recovery of Sums Due), the Contract; and/or 44.2.4 Council may charge the SERVICE PROVIDER Provider for and the SERVICE PROVIDER shall pay any cost costs reasonably incurred by the CLIENT and any reasonable administration costs in respect of the supply of any part of the Services by the CLIENT Council or a third party to the extent that such costs exceed the payment which would otherwise have been payable to the SERVICE PROVIDER Provider for such part of the Services and provided that the CLIENT Council uses its reasonable endeavours to mitigate any additional expenditure in obtaining replacement Services. 44.3 39.4 If the SERVICE PROVIDER Provider fails to supply any of the Services in accordance with the provisions of the this Contract and such failure is capable of remedy, then the CLIENT Council shall instruct the SERVICE PROVIDER Provider to remedy the failure and the SERVICE PROVIDER Provider shall at its own cost and expense remedy such failure (and any damage resulting from such failure) within ten (10) Working Days or such other period of time as the CLIENT Council may direct. 44.4 39.5 In the event that:-that: 44.4.1 39.5.1 the SERVICE PROVIDER Provider fails to comply with Clause 44.3 clause 39.4 above and the failure is materially adverse to the interests of the CLIENT Council or prevents the CLIENT Council from discharging a statutory duty; or 44.4.2 39.5.2 the SERVICE PROVIDER Provider persistently fails to comply with Clause 44.3clause 39.4 above, the CLIENT reserves the right to Council may terminate the this Contract with immediate effect by giving the SERVICE PROVIDER notice in writing.

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 otherwis e 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 its own cost and expense remedy such failure (and any damage resulting from such failure) within ten (10) Working Days or such other period of time as the CLIENT may direct. 44.4 In the event that:- 44.4.1 the SERVICE PROVIDER fails to comply with Clause 44.3 and the failure is materially adverse to the interests of the CLIENT or prevents the CLIENT from discharging a statutory duty; or 44.4.2 the SERVICE PROVIDER persistently fails to comply with Clause 44.3, the CLIENT reserves the right to terminate the Contract with immediate effect by giving the SERVICE PROVIDER notice in writing.

REMEDIES IN THE EVENT OF INADEQUATE PERFORMANCE. 44.1 40.1 Where a complaint is received about the standard of Services and/or Software 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 Supplier's obligations under the Contract, then the CLIENT Customer shall take all reasonable steps to ascertain whether investigate the complaint is validcomplaint. If the CLIENT so decidesThe Customer may, it may in its sole discretion, uphold the complaint, or take further action and may, acting reasonably: (a) Subject to clause 40.4, withhold a sum; or (b) deduct a sum, in accordance with Clause 55 (Termination on Default) each case equal to a maximum of [NUMBER]% of the ContractContract Price payable in respect of the Month in which the complaint arose. 44.2 In 40.2 The parties agree that a deduction made pursuant to clause 40.1(b) represents a genuine pre-estimate of the event loss likely to be suffered by the Customer. 40.3 Where the Customer withholds a sum pursuant to clause 40.1(a) then that sum shall be paid to the CLIENT Supplier when, in the reasonable opinion of the Customer, the matters complained of have been rectified and there has been no repeat of those matters for [NUMBER] Month(s). 40.4 If 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 WorkSupplier, then the CLIENT Customer may, without prejudice to its rights under Clause 55 (Termination on Default) of the Contractclause 53, do any of the following:-following: 44.2.1 (a) without terminating the Contract, itself supply or procure the supply of all or part of the Services until such time as the SERVICE PROVIDER Supplier shall have demonstrated to the reasonable satisfaction of the CLIENT Customer that the SERVICE PROVIDER Supplier will once more be able to supply all or such part of the Services in accordance with the Contract or the Statement of WorkContract; 44.2.2 (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; 44.2.3 terminate, in accordance with Clause 55 (Termination on Default), the whole of the Contract; and/or 44.2.4 (c) charge the SERVICE PROVIDER Supplier for and the SERVICE PROVIDER Supplier shall pay any cost costs reasonably incurred by the CLIENT and Customer (including any reasonable administration costs costs) in respect of the supply of any part of the Services by the CLIENT Customer or a third party to the extent that such costs exceed the payment which would otherwise have been payable to the SERVICE PROVIDER Supplier for such part of the Services and provided that the CLIENT Customer uses its reasonable endeavours to mitigate any additional expenditure in obtaining replacement Services. 44.3 40.5 If the SERVICE PROVIDER 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 CLIENT Customer shall instruct the SERVICE PROVIDER Supplier to remedy the failure and the SERVICE PROVIDER Supplier shall at its own cost and expense remedy such failure (and any damage resulting from such failure) within ten (10) [ten] Working Days of the Customer's instructions or such other period of time as the CLIENT Customer may direct. 44.4 In 40.6 If the event that:-Supplier: 44.4.1 the SERVICE PROVIDER (a) fails to comply with Clause 44.3 clause 40.5 above and the failure is materially adverse to the interests of the CLIENT Customer or prevents the CLIENT Customer from discharging a statutory duty; or 44.4.2 the SERVICE PROVIDER (b) persistently fails to comply with Clause 44.3clause 40.5 above, the CLIENT reserves the right to Customer may terminate the Contract with immediate effect by giving the SERVICE PROVIDER Supplier notice in writing.

REMEDIES IN THE EVENT OF INADEQUATE PERFORMANCE. 44.1 40.1. Where a complaint is received about the quality and standard of the of the Ordered Goods and Services or about the manner in which any Ordered Goods and 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 Contractor’s obligations under the Contract, then the CLIENT Customer shall take all reasonable steps to ascertain whether the complaint is valid. If the CLIENT Customer so decides, it may uphold the complaint, or take further action in accordance with Clause 55 46.4 (Termination on Default) of the Contract. 44.2 40.2. In the event that the CLIENT Customer is of the reasonable opinion that there has been a material breach of the Contract by the SERVICE PROVIDERContractor, or the SERVICE PROVIDER’S Contractor’s performance of its obligations under the Contract has failed to meet the requirements set out in the Statement of WorkOrder Form, then the CLIENT Customer may, without prejudice to its rights under Clause 55 46.4 (Termination on Default) of the Contract, do any of the following:-following: 44.2.1 40.2.1. without terminating the Contract, itself supply or procure the supply of part of the Ordered Goods and Services until such time as the SERVICE PROVIDER Contractor shall have demonstrated to the reasonable satisfaction of the CLIENT Customer that the SERVICE PROVIDER Contractor will once more be able to supply such part of the Ordered Goods and Services in accordance with the Contract or the Statement of WorkOrder Form; 44.2.2 40.2.2. without terminating the whole of the Contract, terminate the Contract in respect of part of the Ordered Goods and Services only (whereupon a corresponding reduction in the Contract Price Charges shall be made) and thereafter itself supply or procure a third party to supply such part of the Ordered Goods and Services; 44.2.3 40.2.3. terminate, in accordance with Clause 55 46.4 (Termination on Default), the whole of the Contract; and/or 44.2.4 40.2.4. charge the SERVICE PROVIDER Contractor for and the SERVICE PROVIDER Contractor shall pay any cost reasonably incurred by the CLIENT Customer and any reasonable administration costs in respect of the supply of any part of the Ordered Goods and Services by the CLIENT Customer or a third party to the extent that such costs exceed the payment which would otherwise have been payable to the SERVICE PROVIDER Contractor for such part of the Ordered Goods and Services and provided that the CLIENT Customer uses its reasonable endeavours to mitigate any additional expenditure in obtaining replacement Ordered Goods and Services. 44.3 40.3. If the SERVICE PROVIDER Contractor fails to supply any of the Ordered Goods and Services in accordance with the provisions of the Contract and such failure is capable of remedy, then the CLIENT Customer shall instruct the SERVICE PROVIDER Contractor to remedy the failure and the SERVICE PROVIDER Contractor shall at its own cost and expense remedy such failure (and any damage resulting from such failure) within ten (10) Working Days or such other period of time as the CLIENT Customer may direct. 44.4 40.4. In the event that:-that: 44.4.1 40.4.1. the SERVICE PROVIDER Contractor fails to comply with Clause 44.3 41.3 above and the failure is materially adverse to the interests of the CLIENT Customer or prevents the CLIENT Customer from discharging a statutory duty; or 44.4.2 40.4.2. the SERVICE PROVIDER Contractor persistently fails to comply with Clause 44.341.3 above, the CLIENT Customer reserves the right to terminate the Contract with immediate effect by giving the SERVICE PROVIDER Contractor notice in writing.