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

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: 39.5.1 the Supplier fails to comply with clause 39.4 above and the failure is materially adverse to the interests of the Council or prevents the Council from discharging a statutory duty; or 39.5.2 the Supplier persistently fails to comply with clause 39.4 above, the Council may terminate the Contract with immediate effect by notice in writing.

REMEDIES IN THE EVENT OF INADEQUATE PERFORMANCE. 39.1 ‌ 40.1 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 SupplierContractor’s obligations under the Contract, then the Council shall be entitled to investigate the complaint in accordance with the contract monitoring and an management procedures contained in 0 (Contract Schedule 12(Contract Management). The Council may, in its sole discretion, uphold the complaint and take further action in accordance with clause 50 (Termination on Default) of the Contract. 39.2 40.2 In the event that the Council is of the reasonable opinion that there has been a fundamental material breach of the Contract by the SupplierContractor, then the Council may, without prejudice to its rights under clause 48 50 (Termination on Default), do any of the following: 39.2.1 40.2.1 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 Contractor shall have demonstrated to the reasonable satisfaction of the Council that the Supplier Contractor will once more be able to supply all or such part of the Services in accordance with the Contract; 39.2.2 40.2.2 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 40.2.3 terminate, in accordance with clause 48 50 (Termination on Default), the whole of the Contract. 39.3 40.3 Without prejudice to its right under clause 21 22 (Recovery of Sums Due), the Council may charge the Supplier Contractor 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 Contractor 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 40.4 If the Supplier 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 Council shall instruct the Supplier Contractor to remedy the failure and the Supplier Contractor 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.direct.‌ 39.5 40.5 In the event that: 39.5.1 40.5.1 the Supplier Contractor fails to comply with clause 39.4 40.4 above and the failure is materially adverse to the interests of the Council or prevents the Council from discharging a statutory duty; or 39.5.2 40.5.2 the Supplier Contractor persistently fails to comply with clause 39.4 40.4 above, the Council may terminate the Contract with immediate effect by notice in writing.

REMEDIES IN THE EVENT OF INADEQUATE PERFORMANCE. 39.1 40.1 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 SupplierContractor’s obligations under the Contract, then the Council shall be entitled to investigate the complaint in accordance with the contract monitoring and an management procedures contained in 0 (Contract Schedule 12(Contract Management). The Council may, in its sole discretion, uphold the complaint and take further action in accordance with clause 50 (Termination on Default) of the Contract. 39.2 40.2 In the event that the Council is of the reasonable opinion that there has been a fundamental material breach of the Contract by the SupplierContractor, then the Council may, without prejudice to its rights under clause 48 50 (Termination on Default), do any of the following: 39.2.1 40.2.1 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 Contractor shall have demonstrated to the reasonable satisfaction of the Council that the Supplier Contractor will once more be able to supply all or such part of the Services in accordance with the Contract; 39.2.2 40.2.2 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 40.2.3 terminate, in accordance with clause 48 50 (Termination on Default), the whole of the Contract. 39.3 40.3 Without prejudice to its right under clause 21 22 (Recovery of Sums Due), the Council may charge the Supplier Contractor 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 Contractor 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 40.4 If the Supplier 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 Council shall instruct the Supplier Contractor to remedy the failure and the Supplier Contractor 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 40.5 In the event that: 39.5.1 40.5.1 the Supplier Contractor fails to comply with clause 39.4 40.4 above and the failure is materially adverse to the interests of the Council or prevents the Council from discharging a statutory duty; or 39.5.2 40.5.2 the Supplier Contractor persistently fails to comply with clause 39.4 40.4 above, the Council may terminate the Contract with immediate effect by notice in writing.

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.direct.‌ 39.5 In the event that: 39.5.1 the Supplier fails to comply with clause 39.4 above and the failure is materially adverse to the interests of the Council or prevents the Council from discharging a statutory duty; or 39.5.2 the Supplier persistently fails to comply with clause 39.4 above, the Council may terminate the Contract with immediate effect by notice in writing.