SERVICE FAILURE AND MATERIAL BREACH. 13.1 Notwithstanding its obligations under Clause 13.2, the Provider shall notify the Company as soon as reasonably practicable upon becoming aware of the inability (howsoever caused) of the Provider to provide the Flexibility Services in all or any part of any Service Window. 13.2 In the event of a Service Failure by the Provider, the Company may require the Provider to: a) provide the Company with a written explanation as to the cause of the failure of service delivery; b) implement a rectification plan for improving performance and/or reducing the number of occurrences of Unavailability, which may include at the Company’s discretion, a repeat of any commissioning tests undertaken on initial installation and commissioning of the DER; c) propose a variation to the Service Requirements as specified in Schedule 1; or d) take any other action that may be specified by the Company in order to alleviate a Service Failure (as reasonably required in the circumstances). 13.3 If the Provider fails to comply with the terms of Clause 13.2, or the Provider’s performance in respect of the Service Failure notified by the Company does not significantly improve within thirty (30) days of the date of the notice, such failure will be deemed a material breach of this Agreement for the purposes of Clause 12.1. 13.4 Where the Company terminates this Agreement as a result of a material and/or persistent breach by the Provider under Clause 12.1, the Company shall be entitled to recover from Provider the additional cost, Loss and expense reasonably incurred by the Company as a result of the termination, including where relevant appointing a replacement Provider, the amount of this, Loss shall be a debt due and immediately payable by the Provider to the Company.
Appears in 8 contracts
Samples: Flexibility Services Agreement, Flexibility Services Agreement, Flexibility Services Agreement
SERVICE FAILURE AND MATERIAL BREACH. 13.1 11.1 Notwithstanding its obligations under Clause 13.211.2, the Provider shall notify the Company as soon as reasonably practicable upon becoming aware of the inability (howsoever caused) of the Provider to provide the Flexibility Services in all or any part of any contracted Service Window.
13.2 11.2 In the event of a Service Failure by the Provider, the Company may require the Provider to:
a) provide the Company with a written explanation as to the cause of the failure of service delivery;
b) implement a rectification plan for improving performance and/or reducing the number of occurrences of Unavailability, which may include at the Company’s discretion, a repeat of any commissioning tests undertaken on initial installation and commissioning of the DER;
c) propose a variation to the Service Requirements as specified in Schedule 1; or
d) take any other action that may be specified by agreed with the Company in order to alleviate a Service Failure (as reasonably required in the circumstances).
13.3 11.3 If the Provider fails to comply with the terms of Clause 13.211.2, the Provider’s proposals are not accepted by the Company, the Parties fail to reach agreement on actions or the Provider’s performance in respect of the Service Failure notified by the Company does not significantly improve within thirty (30) days of the date of the notice, such failure will be deemed a material breach of this Agreement for the purposes of Clause 12.110.1.
13.4 11.4 Where the Company terminates this Agreement as a result of a material and/or persistent breach by the Provider under Clause 12.110.1, the Company shall be entitled to recover from the Provider the additional cost, Loss loss and expense expenses reasonably incurred by the Company as a result of the termination, including where relevant appointing a replacement Provider. Such costs, the amount of this, Loss losses and expenses shall be a debt due and immediately payable by the Provider to the CompanyCompany subject to the cap of liabilities across this Agreement as stated in clause 13.
Appears in 6 contracts
Samples: Flexibility Services Agreement, Flexibility Services Agreement, Flexibility Services Agreement
SERVICE FAILURE AND MATERIAL BREACH. 13.1 Notwithstanding its obligations under Clause 13.211.2, the Provider shall notify the Company as soon as reasonably practicable upon becoming aware of the inability (howsoever caused) of the Provider to provide the Flexibility Services in all or any part of any contracted Service Window.
13.2 . In the event of a Service Failure by the Provider, the Company may require the Provider to:
a) : provide the Company with a written explanation as to the cause of the failure of service delivery;
b) ; implement a rectification plan for improving performance and/or reducing the number of occurrences of Unavailability, which may include at the Company’s discretion, a repeat of any commissioning tests undertaken on initial installation and commissioning of the DER;
c) ; propose a variation to the Service Requirements as specified in Schedule 1; or
d) or take any other action that may be specified by agreed with the Company in order to alleviate a Service Failure (as reasonably required in the circumstances).
13.3 . If the Provider fails to comply with the terms of Clause 13.211.2, the Providers proposals are not accepted by the Company, the Parties fail to reach agreement on actions or the Provider’s performance in respect of the Service Failure notified by the Company does not significantly improve within thirty (30) days of the date of the notice, such failure will be deemed a material breach of this Agreement for the purposes of Clause 12.1.
13.4 10.1. Where the Company terminates this Agreement as a result of a material and/or persistent breach by the Provider under Clause 12.110.1, the Company shall be entitled to recover from the Provider the additional cost, Loss loss and expense expenses reasonably incurred by the Company as a result of the termination, including where relevant appointing a replacement Provider. Such costs, the amount of this, Loss losses and expenses shall be a debt due and immediately payable by the Provider to the CompanyCompany subject to the cap of liabilities across this Agreement as stated in clause 13.
Appears in 4 contracts
Samples: Flexibility Services Agreement, Flexibility Services Agreement, Flexibility Services Agreement
SERVICE FAILURE AND MATERIAL BREACH. 13.1 11.1 Notwithstanding its obligations under Clause 13.211.2, the Provider shall notify the Company as soon as reasonably practicable upon becoming aware of the inability (howsoever caused) of the Provider to provide the Flexibility Services in all or any part of any contracted Service Window.
13.2 11.2 In the event of a Service Failure by the Provider, the Company may require the Provider to:
a) provide the Company with a written explanation as to the cause of the failure of service delivery;
b) implement a rectification plan for improving performance and/or reducing the number of occurrences of Unavailability, which may include at the Company’s discretion, a repeat of any commissioning tests undertaken on initial installation and commissioning of the DER;
c) propose a variation to the Service Requirements as specified in Schedule 1; or
d) take any other action that may be specified by agreed with the Company in order to alleviate a Service Failure (as reasonably required in the circumstances).
13.3 11.3 If the Provider fails to comply with the terms of Clause 13.211.2, the Providers proposals are not accepted by the Company, the Parties fail to reach agreement on actions or the Provider’s performance in respect of the Service Failure notified by the Company does not significantly improve within thirty (30) days of the date of the notice, such failure will be deemed a material breach of this Agreement for the purposes of Clause 12.110.1.
13.4 11.4 Where the Company terminates this Agreement as a result of a material and/or persistent breach by the Provider under Clause 12.110.1, the Company shall be entitled to recover from the Provider the additional cost, Loss loss and expense expenses reasonably incurred by the Company as a result of the termination, including where relevant appointing a replacement Provider. Such costs, the amount of this, Loss losses and expenses shall be a debt due and immediately payable by the Provider to the CompanyCompany subject to the cap of liabilities across this Agreement as stated in clause 13.
Appears in 3 contracts
Samples: Flexibility Services Agreement, Flexibility Services Agreement, Flexibility Services Agreement
SERVICE FAILURE AND MATERIAL BREACH. 13.1 11.1 Notwithstanding its obligations under Clause 13.211.2, the Provider shall notify the Company as soon as reasonably practicable upon becoming aware of the inability (howsoever caused) of the Provider to provide the Flexibility Services in all or any part of any contracted Service Window.
13.2 11.2 In the event of a Service Failure by the Provider, the Company may require the Provider to:
a) provide the Company with a written explanation as to the cause of the failure of service delivery;
b) implement a rectification plan for improving performance and/or reducing the number of occurrences of Unavailability, which may include at the Company’s discretiondiscretion (not acting unreasonably), a repeat of any commissioning tests undertaken on initial installation and commissioning of the DER;
c) propose a variation to the Service Requirements as specified in Schedule 1; or
d) take any other action that may be specified by agreed with the Company in order to alleviate a Service Failure (as reasonably required in the circumstances).
13.3 11.3 If the Provider fails to comply with the terms of Clause 13.211.2, the Provider’s proposals are not accepted by the Company, the Parties fail to reach agreement on actions or the Provider’s performance in respect of the Service Failure notified by the Company does not significantly improve within thirty (30) days of the date of the notice, such failure will be deemed a material breach of this Agreement for the purposes of Clause 12.110.1.
13.4 Where 11.4 After ten (10) Utilisation Instructions have been issued the Company terminates reserves the right to claim material breach of this Agreement as a result of a material and/or persistent breach in accordance with Clause
10.1 if the Provider has failed to;
11.4.1 respond to more than two (2) Utilisation Instructions issued by the Provider under Clause 12.1, the Company shall be entitled to recover from Provider the additional cost, Loss and expense reasonably incurred by the Company as a result Company; or
11.4.2 deliver Utilisation Instructions using more than 25% of the termination, including where relevant appointing a replacement Provider, the amount of this, Loss shall be a debt due and immediately payable by the Provider to the Companyrequested Contracted Service Capacity.
Appears in 2 contracts
Samples: Flexibility Services Agreement, Flexibility Services Agreement
SERVICE FAILURE AND MATERIAL BREACH. 13.1 Notwithstanding its obligations under Clause 13.2, the Provider shall notify the Company as soon as reasonably practicable upon becoming aware of the inability (howsoever caused) of the Provider to provide the Flexibility Services in all or any part of any Service Window.
13.2 . In the event of a Service Failure by the Provider, the Company may require the Provider to:
a) : provide the Company with a written explanation as to the cause of the failure of service delivery;
b) ; implement a rectification plan for improving performance and/or reducing the number of occurrences of Unavailability, which may include at the Company’s discretion, a repeat of any commissioning tests undertaken on initial installation and commissioning of the DER;
c) ; propose a variation to the Service Requirements as specified in Schedule 1; or
d) or take any other action that may be specified by the Company in order to alleviate a Service Failure (as reasonably required in the circumstances).
13.3 . If the Provider fails to comply with the terms of Clause 13.2, or the Provider’s performance in respect of the Service Failure notified by the Company does not significantly improve within thirty (30) days of the date of the notice, such failure will be deemed a material breach of this Agreement for the purposes of Clause 12.1.
13.4 . Where the Company terminates this Agreement as a result of a material and/or persistent breach by the Provider under Clause 12.1, the Company shall be entitled to recover from Provider the additional cost, Loss and expense reasonably incurred by the Company as a result of the termination, including where relevant appointing a replacement Provider, the amount of this, Loss shall be a debt due and immediately payable by the Provider to the Company.
Appears in 1 contract
Samples: Flexibility Services Agreement
SERVICE FAILURE AND MATERIAL BREACH. 13.1 11.1 Notwithstanding its obligations under Clause 13.211.2, the Provider shall notify the Company as soon as reasonably practicable upon becoming aware of the inability (howsoever caused) of the Provider to provide the Flexibility Services in all or any part of any contracted Service Window.
13.2 11.2 In the event of a Service Failure by the Provider, the Company may require the Provider to:
a) provide the Company with a written explanation as to the cause of the failure of service delivery;
b) implement a rectification plan for improving performance and/or reducing the number of occurrences of Unavailability, which may include at the Company’s discretion, a repeat of any commissioning tests undertaken on initial installation and commissioning of the DER;
c) propose a variation to the Service Requirements as specified in Schedule 1; or
d) take any other action that may be specified by agreed with the Company in order to alleviate a Service Failure (as reasonably required in the circumstances).
13.3 11.3 If the Provider fails to comply with the terms of Clause 13.211.2, the Provider’s proposals are not accepted by the Company, the Parties fail to reach agreement on actions or the Provider’s performance in respect of the Service Failure notified by the Company does not significantly improve within thirty (30) days of the date of the notice, such failure will be deemed a material breach of this Agreement for the purposes of Clause 12.110.1.
13.4 Where 11.4 After ten (10) Utilisation Instructions have been issued the Company terminates reserves the right to claim material breach of this Agreement as a result of a material and/or persistent breach in accordance with Clause
10.1 if the Provider has failed to;
11.4.1 respond to more than two (2) Utilisation Instructions issued by the Provider under Clause 12.1, the Company shall be entitled to recover from Provider the additional cost, Loss and expense reasonably incurred by the Company as a result Company; or
11.4.2 deliver Utilisation Instructions using more than 25% of the termination, including where relevant appointing a replacement Provider, the amount of this, Loss shall be a debt due and immediately payable by the Provider to the Companyrequested Contracted Service Capacity.
Appears in 1 contract
Samples: Flexibility Services Agreement
SERVICE FAILURE AND MATERIAL BREACH. 13.1 Notwithstanding its obligations under Clause 13.211.2, the Provider shall notify the Company as soon as reasonably practicable upon becoming aware of the inability (howsoever caused) of the Provider to provide the Flexibility Services in all or any part of any contracted Service Window.
13.2 . In the event of a Service Failure by the Provider, the Company may require the Provider to:
a) : provide the Company with a written explanation as to the cause of the failure of service delivery;
b) ; implement a rectification plan for improving performance and/or reducing the number of occurrences of Unavailability, which may include at the Company’s discretion, a repeat of any commissioning tests undertaken on initial installation and commissioning of the DER;
c) ; propose a variation to the Service Requirements as specified in Schedule 1; or
d) or take any other action that may be specified by agreed with the Company in order to alleviate a Service Failure (as reasonably required in the circumstances).
13.3 . If the Provider fails to comply with the terms of Clause 13.211.2, the Provider’s proposals are not accepted by the Company, the Parties fail to reach agreement on actions or the Provider’s performance in respect of the Service Failure notified by the Company does not significantly improve within thirty (30) days of the date of the notice, such failure will be deemed a material breach of this Agreement for the purposes of Clause 12.1.
13.4 10.1. Where the Company terminates this Agreement as a result of a material and/or persistent breach by the Provider under Clause 12.110.1, the Company shall be entitled to recover from the Provider the additional cost, Loss loss and expense expenses reasonably incurred by the Company as a result of the termination, including where relevant appointing a replacement Provider. Such costs, the amount of this, Loss losses and expenses shall be a debt due and immediately payable by the Provider to the CompanyCompany subject to the cap of liabilities across this Agreement as stated in clause 13.
Appears in 1 contract
Samples: Flexibility Services Agreement
SERVICE FAILURE AND MATERIAL BREACH. 13.1 11.1 Notwithstanding its obligations under Clause 13.211.2, the Flexible Service Provider shall notify the Company as soon as reasonably practicable upon becoming aware of the inability (howsoever caused) of the Flexible Service Provider to provide the Flexibility Services in all or any part of any contracted Service Window.
13.2 11.2 In the event of a Service Failure by the Flexible Service Provider, the Company may require the Flexible Service Provider to:
a) provide the Company with a written explanation as to the cause of the failure of service delivery;
b) implement a rectification plan for improving performance and/or reducing the number of occurrences of Unavailability, which may include at the Company’s discretion, a repeat of any commissioning tests Proving Tests undertaken on initial installation and commissioning of by the DERFSU/FSA;
c) propose a variation to the Service Requirements as specified in Schedule 1; or
d) take any other action that may be specified by agreed with the Company in order to alleviate a Service Failure (as reasonably required in the circumstances).
13.3 11.3 If the Flexible Service Provider fails to comply with the terms of Clause 13.211.2, the Flexible Service Provider’s proposals are not accepted by the Company, the Parties fail to reach agreement on actions or the Flexible Service Provider’s performance in respect of the Service Failure notified by the Company does not significantly improve within thirty (30) days of the date of the notice, such failure will be deemed a material breach of this Agreement for the purposes of Clause 12.110.1.
13.4 11.4 Where the Company terminates this Agreement as a result of a material and/or persistent breach by the Flexible Service Provider under Clause 12.110.1, the Company shall be entitled to recover from the Flexible Service Provider the additional cost, Loss loss and expense expenses reasonably incurred by the Company as a result of the termination, including where relevant appointing a replacement Flexible Service Provider, the amount of this, Loss shall be a debt due and immediately payable by the Provider to the Company.
Appears in 1 contract
Samples: Flexibility Services Agreement
SERVICE FAILURE AND MATERIAL BREACH. 13.1 Notwithstanding its obligations under Clause 13.2, the Provider shall notify the Company as soon as reasonably practicable upon becoming aware of the inability (howsoever caused) of the Provider to provide the Flexibility Services in all or any part of any Service Window.
13.2 In the event of a Service Failure by the Provider, the Company may require the Provider to:
a) provide the Company with a written explanation as to the cause of the failure of service delivery;
b) implement a rectification plan for improving performance and/or reducing the number of occurrences of Unavailability, which may include at the Company’s discretion, a repeat of any commissioning tests undertaken on initial installation and commissioning of the DER;
c) propose a variation to the Service Requirements as specified in Schedule 1Schedule 1; or
d) take any other action that may be specified by the Company in order to alleviate a Service Failure (as reasonably required in the circumstances).
13.3 If the Provider fails to comply with the terms of Clause 13.2, or the Provider’s performance in respect of the Service Failure notified by the Company does not significantly improve within thirty (30) days of the date of the notice, such failure will be deemed a material breach of this Agreement for the purposes of Clause 12.1.
13.4 Where the Company terminates this Agreement as a result of a material and/or persistent breach by the Provider under Clause 12.1, the Company shall be entitled to recover from Provider the additional cost, Loss and expense reasonably incurred by the Company as a result of the termination, including where relevant appointing a replacement Provider, the amount of this, Loss shall be a debt due and immediately payable by the Provider to the Company.
Appears in 1 contract
Samples: Flexibility Services Agreement
SERVICE FAILURE AND MATERIAL BREACH. 13.1 11.1 Notwithstanding its obligations under Clause 13.28.2, the Provider shall notify the Company as soon as reasonably practicable upon becoming aware of the inability (howsoever caused) of the Provider to provide the Flexibility Services in all or any part of any contracted Service Window.
13.2 11.2 In the event of a Service Failure by the Provider, the Company may require the Provider to:
a) provide the Company with a written explanation as to the cause of the failure of service delivery;
b) implement a rectification plan for improving performance and/or reducing the number of occurrences of Unavailability, which may include at the Company’s discretion, a repeat of any commissioning tests undertaken on initial installation and commissioning of the DER;
c) propose a variation to the Service Requirements as specified in Schedule 1; or
d) take any other action that may be specified by agreed with the Company in order to alleviate a Service Failure (as reasonably required in the circumstances).
13.3 11.3 If the Provider fails to comply with the terms of Clause 13.211.2, the providers proposals are not accepted by the company, or the Provider’s performance in respect of the Service Failure notified by the Company does not significantly improve within thirty (30) days of the date of the notice, such failure will be deemed a material breach of this Agreement for the purposes of Clause 12.110.1.
13.4 11.4 Where the Company terminates this Agreement as a result of a material and/or persistent breach by the Provider under Clause 12.110.1, the Company shall be entitled to recover from the Provider the additional cost, Loss and expense reasonably incurred by the Company as a result of the termination, including where relevant appointing a replacement Provider, the amount of this, Loss shall be a debt due and immediately payable by the Provider to the CompanyCompany subject to the cap of liabilities across this Agreement as stated in clause 13.
Appears in 1 contract
Samples: Flexibility Services Agreement
SERVICE FAILURE AND MATERIAL BREACH. 13.1 Notwithstanding its obligations under Clause 13.2, the Provider shall notify the Company as soon as reasonably practicable upon becoming aware of the inability (howsoever caused) of the Provider to provide the Flexibility Services in all or any part of any Service Window.
13.2 In the event of a Service Failure by the Provider, the Company may require the Provider to:to:
a) provide the Company with a written explanation as to the cause of the failure of service delivery;
b) implement a rectification plan for improving performance and/or reducing the number of occurrences of Unavailability, which may include at the Company’s discretion, a repeat of any commissioning tests undertaken on initial installation and commissioning of the DER;
c) propose a variation to the Service Requirements as specified in Schedule 1; or
d) take any other action that may be specified by the Company in order to alleviate a Service Failure (as reasonably required in the circumstances).
13.3 If the Provider fails to comply with the terms of Clause 13.2, or the Provider’s performance in respect of the Service Failure notified by the Company does not significantly improve within thirty (30) days of the date of the notice, such failure will be deemed a material breach of this Agreement for the purposes of Clause 12.1.
13.4 Where the Company terminates this Agreement as a result of a material and/or persistent breach by the Provider under Clause 12.1, the Company shall be entitled to recover from Provider the additional cost, Loss and expense reasonably incurred by the Company as a result of the termination, including where relevant appointing a replacement Provider, the amount of this, Loss shall be a debt due and immediately payable by the Provider to the Company.Company.
Appears in 1 contract
Samples: Flexibility Services Agreement
