Service Failure. 8.1 Notwithstanding its obligations under paragraph 8.2, the Provider shall notify the Company as soon as reasonably practicable upon becoming aware of the inability of the Provider to provide the Flexibility Services in all or any part of any contracted Service Window (if applicable) as set out in the Service Terms. 8.2 In the event of a Service Failure by the Provider, the Company may require the Provider to: 8.2.1 provide the Company with a written explanation as to the cause of the failure of service delivery; 8.2.2 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; 8.2.3 propose a variation to the Service Requirements as specified in the Service Terms; or 8.2.4 take any other action that may be agreed with the Company in order to alleviate a Service Failure (as reasonably required in the circumstances). 8.3 In the event that: 8.3.1 the Provider fails to comply with the terms of paragraph 8.2; 8.3.2 the Provider’s proposals are not accepted by the Company (acting reasonably); 8.3.3 the Parties (acting reasonably) fail to reach agreement on any rectification actions; or 8.3.4 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 the Agreement for the purposes of paragraph 7.1.1 of these General Terms and Conditions and paragraph 7.9 shall apply.
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Samples: Flexibility Services Standard Agreement, Flexibility Services Standard Agreement, Flexibility Services Standard Agreement
Service Failure. 8.1 Notwithstanding its obligations under paragraph 8.2, the Provider shall notify the Company as soon as reasonably practicable upon becoming aware of the inability of the Provider to provide the Flexibility Services in all or any part of any contracted Service Window (if applicable) as set out in the Service Terms.
8.2 In the event of a Service Failure by the Provider, the Company may require the Provider to:
8.2.1 provide the Company with a written explanation as to the cause of the failure of service delivery;
8.2.2 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;
8.2.3 propose a variation to the Service Requirements as specified in the Service Terms; or
8.2.4 take any other action that may be agreed with the Company in order to alleviate a Service Failure (as reasonably required in the circumstances).
8.3 In the event that:
8.3.1 the Provider fails to comply with the terms of paragraph 8.2;
8.3.2 the Provider’s proposals are not accepted by the Company (acting reasonably)Company;
8.3.3 the Parties (acting reasonably) fail to reach agreement on any rectification actions; or
8.3.4 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 the Agreement for the purposes of paragraph 7.1.1 of these General Terms and Conditions and paragraph 7.9 shall apply.
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Samples: Flexibility Services Standard Agreement, Flexibility Services Standard Agreement, Flexibility Services Standard Agreement
Service Failure. 8.1 Notwithstanding its obligations under paragraph 8.2Error! Reference source not found., the Provider shall notify the Company as soon as reasonably practicable upon becoming aware of the inability of the Provider to provide the Flexibility Services, and any inability of the Provider to provide the Flexibility Services in all or any part of any contracted Service Window (if applicable) as set out in the Service Terms.
8.2 In the event of a Service Failure by the Provider, the Company may require the Provider to:
8.2.1 provide the Company with a written explanation as to the cause of the failure of service delivery;
8.2.2 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;
8.2.3 propose a variation to the Service Requirements as specified in the Service Terms; or
8.2.4 take any other action that may be agreed with the Company in order to alleviate a Service Failure (as reasonably required in the circumstances).
8.3 In the event that:
8.3.1 the Provider fails to comply with the terms of paragraph 8.2Error! Reference source not found.;
8.3.2 the Provider’s proposals are not accepted by the Company (acting reasonably)Company;
8.3.3 the Parties (acting reasonably) fail to reach agreement on any rectification actions; or
8.3.4 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 the Agreement for the purposes of paragraph 7.1.1 of these General Terms and Conditions and paragraph 7.9 shall apply.
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Service Failure. 8.1 Notwithstanding its obligations under paragraph 8.2, the Provider shall notify the Company as soon as reasonably practicable upon becoming aware of the inability of the Provider to provide the Flexibility Services in all or any part of any contracted Service Window (if applicable) as set out in the Service Terms.
8.2 In the event of a Service Failure by the Provider, the Company may require the Provider to:
8.2.1 provide the Company with a written explanation as to the cause of the failure of service delivery;
8.2.2 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;
8.2.3 propose a variation to the Service Requirements as specified in the Service Terms; or
8.2.4 take any other action that may be agreed with the Company in order to alleviate a Service Failure (as reasonably required in the circumstances).
8.3 In the event that:
8.3.1 the Provider fails to comply with the terms of paragraph 8.2;
8.3.2 the Provider’s proposals are not accepted by the Company (acting reasonably);
8.3.3 acting reasonably, the Parties (acting reasonably) fail to reach agreement on any rectification actions; or
8.3.4 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 the Framework Agreement for the purposes of paragraph 7.1.1 of these General Terms and Conditions and paragraph 7.9 shall apply.
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Service Failure. 8.1 Notwithstanding its obligations under paragraph 8.2, the Provider shall notify the Company as soon as reasonably practicable upon becoming aware of the inability of the Provider to provide the Flexibility Services in all or any part of any contracted Service Window (if applicable) as set out in the Service Terms.
8.2 In the event of a Service Failure by the Provider, the Company may require the Provider to:to:
8.2.1 provide the Company with a written explanation as to the cause of the failure of service delivery;
8.2.2 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;
8.2.3 propose a variation to the Service Requirements as specified in the Service Terms; or
8.2.4 take any other action that may be agreed with the Company in order to alleviate a Service Failure (as reasonably required in the circumstances).
8.3 In the event that:that:
8.3.1 the Provider fails to comply with the terms of paragraph 8.2;
8.3.2 the Provider’s proposals are not accepted by the Company (acting reasonably);
8.3.3 the Parties (acting reasonably) fail to reach agreement on any rectification actions; or
8.3.4 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 the Agreement for the purposes of paragraph 7.1.1 of these General Terms and Conditions and paragraph 7.9 shall apply.,
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