Remedying Sample Clauses

Remedying. ‌ For the parts of the Delivery which are covered by the maintenance plan, the Supplier shall remedy any Faults in the Delivery in pursuance of the said plan as specified in clauses 12 and 13 and Appendix 5. For the other services, the Supplier shall arrange for any Faults to be remedied if necessary to pass the service level test, or if notice of a Fault is given within the warranty period. Upon completion of corrective action, the Supplier must notify the Customer accordingly. Any disagreement as to whether the Supplier’s corrective action is adequate must be re- solved in accordance with clause 27.2. In addition, reference is made to the limitations of the Suppl ier’s duty to undertake correc- tive action in relation to third-party products as set out in clause 17.5.

Remedying. The customer may demand remedial action or supplementary delivery. Remedial action or supplementary delivery must take place as soon as possible after the customer has made the demand and no later than the agreed date hereof. Upon completion of corrective action, the service provider must notify the customer accordingly. Penalty for not achieving service levels If the service levels in annex 8 are not achieved, the service provider must pay a penalty in accordance with the principles set out in annex 8. The total penalty for failure to achieve service levels for any one month shall not exceed 500 EUR per month. Accrued penalty will be payable monthly upon demand submitted by notice from the customer. If the service provider does not receive such notice from the customer within 12 months from the end of a month, the customer’s penalty entitlement for that month will lapse. Other remedies available to customer The customer may terminate the agreement, if the services delivered possess such material defects that the services are of considerably reduced or no value to the customer, and the service provider either does not carry out the sufficient corrective actions, has tried remedial actions in vain in more than 30 working days after receiving the customer's notice of the defect, or acknowledges that further corrective actions are futile. The customer is entitled to limit such termination to a part of the agreement. Furthermore, the customer is entitled to fully or partially terminate the agreement if the service provider’s deliveries are repeatedly defective during the contractual period. Other material breaches The customer may terminate the agreement for material breach. The customer may limit termination to a part of the agreement. The following circumstances shall always be deemed to constitute material breach: The service provider’s bankruptcy, unless the bankrupt estate announces, without undue delay following a written application from the customer, that the estate will become a party to the agreement. The service provider's suspension of payments, opening of composition negotiations or a substantial deterioration of the service provider’s financial position in general, endangering the proper performance of the agreement. The service provider's discontinuance of the business to which the agreement relates, or the occurrence of any other circumstances seriously endangering the proper performance of the agreement. The service provider's breach of the ru...