Common use of Service Failure Clause in Contracts

Service Failure. If there is a Service Failure, or if the Supplier believes that there will be a Service Failure, the Supplier shall notify the Commissioner promptly of the Service Failure or likely Service Failure, and, at the request of the Commissioner, shall: submit to the Commissioner for approval a plan detailing the action that the Supplier proposes to take to rectify the Service Failure or to prevent the Service Failure from taking place or recurring ("Correction Plan"), within 10 Working Days of the Commissioner's notification; take all remedial action that is reasonable to rectify or to prevent the Service Failure from taking place or recurring; and implement the Correction Plan in accordance with its terms following approval by the Commissioner pursuant to clause 4.1.1. Without prejudice to its rights under clause 7, where a Service Failure occurs, the Commissioner may, on written notice to the Supplier, withhold a proportionate amount of the Contract Price in respect of such Services until such time as the relevant Service Failure is remedied. Provided that the relevant Service Failure is remedied, the Commissioner shall resume payment of the relevant part of the Contract Price, including payment of the amount retained. EFFECT OF commissioner CAUSE To the extent that a Service Failure has occurred as a result of a Commissioner Cause, the Supplier will have the rights and relief set out in clause 5.2. The Supplier shall: (in measuring the performance of any affected Service) be treated as though the relevant Service had met the relevant requirements of this Agreement to the extent that the Service Failure is due to any Commissioner Cause; and not be treated as being in breach of this Agreement to the extent that non‑performance or breach is due to any Commissioner Cause; and be entitled to the Contract Price in respect of the relevant Services affected by the Commissioner Cause as if it had not occurred. If the Supplier claims that clause 5.1 applies, and in order to claim the rights and reliefs in clause 5.2, it shall provide the Commissioner with details of the Commissioner Cause within 10 Working Days of the event which the Supplier alleges to have given rise to the Commissioner Cause. Any disputes about or arising out of whether a Commissioner Cause applies to the Supplier's failure to provide the Services in accordance with this Agreement shall be resolved in accordance with the provisions of clause 19 (Dispute Resolution). Pending the resolution of the dispute both parties shall continue to resolve the causes of, and mitigate the effects of, such failure.

Service Failure. If there is a Service Failure, or if the Supplier believes that there will be a Service Failure, the Supplier shall notify the Commissioner promptly of the Service Failure or likely Service Failure, and, at the request of the Commissioner, shall: submit to the Commissioner for approval a plan detailing the action that the Supplier proposes to take to rectify the Service Failure or to prevent the Service Failure from taking place or recurring ("Correction Plan"), within 10 7 Working Days of the Commissioner's notification; take all remedial action that is reasonable to rectify or to prevent the Service Failure from taking place or recurring; and implement the Correction Plan in accordance with its terms following approval by the Commissioner pursuant to clause 4.1.1. Without prejudice to its rights under clause 7, where a Service Failure occurs, the Commissioner may, on written notice to the Supplier, withhold a proportionate amount of the Contract Price in respect of such Services until such time as the relevant Service Failure is remedied. Provided that the relevant Service Failure is remedied, the Commissioner shall resume payment of the relevant part of the Contract Price, including payment of the amount retained. EFFECT OF commissioner CAUSE To the extent that a Service Failure has occurred as a result of a Commissioner Cause, the Supplier will have the rights and relief set out in clause 5.2. The Supplier shall: (in measuring the performance of any affected Service) be treated as though the relevant Service had met the relevant requirements of this Agreement to the extent that the Service Failure is due to any Commissioner Cause; and not be treated as being in breach of this Agreement to the extent that non‑performance or breach is due to any Commissioner Cause; and be entitled to the Contract Price in respect of the relevant Services affected by the Commissioner Cause as if it had not occurred. If the Supplier claims that clause 5.1 applies, and in order to claim the rights and reliefs in clause 5.2, it shall provide the Commissioner with details of the Commissioner Cause within 10 7 Working Days of the event which the Supplier alleges to have given rise to the Commissioner Cause. Any disputes about or arising out of whether a Commissioner Cause applies to the Supplier's failure to provide the Services in accordance with this Agreement shall be resolved in accordance with the provisions of clause 19 20 (Dispute Resolution). Pending the resolution of the dispute both parties shall continue to resolve the causes of, and mitigate the effects of, such failure.

Service Failure. If there is a Service Failure, or if the Supplier believes that there will be a Service Failure, the Supplier shall notify the Commissioner promptly of the Service Failure or likely Service Failure, and, at the request of the Commissioner, shall: submit to the Commissioner for approval a plan detailing the action that the Supplier proposes to take to rectify the Service Failure or to prevent the Service Failure from taking place or recurring ("Correction Plan"), within 10 Working Days of the Commissioner's notification; take all remedial action that is reasonable to rectify or to prevent the Service Failure from taking place or recurring; and implement the Correction Plan in accordance with its terms following approval by the Commissioner pursuant to clause 4.1.1. Without prejudice to its rights under clause 7, where a Service Failure occurs, the Commissioner may, on written notice to the Supplier, withhold a proportionate amount of the Contract Price in respect of such Services until such time as the relevant Service Failure is remedied. Provided that the relevant Service Failure is remedied, the Commissioner shall resume payment of the relevant part of the Contract Price, including payment of the amount retained. The Supplier will have in place and will invoke in the event of an emergency, appropriate and timely business continuity procedures to ensure the Services are provided throughout the entire duration of the Agreement. The Supplier will use all reasonable endeavours to comply with any business continuity procedures that ICO may invoke in the event of an emergency. EFFECT OF commissioner CAUSE To the extent that a Service Failure has occurred as a result of a Commissioner Cause, the Supplier will have the rights and relief set out in clause 5.2. The Supplier shall: (in measuring the performance of any affected Service) be treated as though the relevant Service had met the relevant requirements of this Agreement to the extent that the Service Failure is due to any Commissioner Cause; and not be treated as being in breach of this Agreement to the extent that non‑performance or breach is due to any Commissioner Cause; and be entitled to the Contract Price in respect of the relevant Services affected by the Commissioner Cause as if it had not occurred. If the Supplier claims that clause 5.1 applies, and in order to claim the rights and reliefs in clause 5.2, it shall provide the Commissioner with details of the Commissioner Cause within 10 Working Days of the event which the Supplier alleges to have given rise to the Commissioner Cause. Any disputes about or arising out of whether a Commissioner Cause applies to the Supplier's failure to provide the Services in accordance with this Agreement shall be resolved in accordance with the provisions of clause 19 20 (Dispute Resolution). Pending the resolution of the dispute both parties shall continue to resolve the causes of, and mitigate the effects of, such failure.

Service Failure. If there is a Service Failure, or if the Supplier believes that there will be a Service Failure, the Supplier shall notify the Commissioner promptly of the Service Failure or likely Service Failure, and, at the request of the Commissioner, shall: submit to the Commissioner for approval a plan detailing the action that the Supplier proposes to take to rectify the Service Failure or to prevent the Service Failure from taking place or recurring ("Correction Plan"), within 10 Working Days of the Commissioner's notification; take all remedial action that is reasonable to rectify or to prevent the Service Failure from taking place or recurring; and implement the Correction Plan in accordance with its terms following approval by the Commissioner pursuant to clause 4.1.1. Without prejudice to its rights under clause 7, where a Service Failure occurs, the Commissioner may, on written notice to the Supplier, withhold a proportionate amount of the Contract Price in respect of such Services until such time as the relevant Service Failure is remedied. Provided that the relevant Service Failure is remedied, the Commissioner shall resume payment of the relevant part of the Contract Price, including payment of the amount retained. EFFECT OF commissioner CAUSE To the extent that a Service Failure has occurred as a result of a Commissioner Cause, the Supplier will have the rights and relief set out in clause 5.2. The Supplier shall: (in measuring the performance of any affected Service) be treated as though the relevant Service had met the relevant requirements of this Agreement to the extent that the Service Failure is due to any Commissioner Cause; and not be treated as being in breach of this Agreement to the extent that non‑performance or breach is due to any Commissioner Cause; and be entitled to the Contract Price in respect of the relevant Services affected by the Commissioner Cause as if it had not occurred. If the Supplier claims that clause 5.1 applies, and in order to claim the rights and reliefs in clause 5.2, it shall provide the Commissioner with details of the Commissioner Cause within 10 Working Days of the event which the Supplier alleges to have given rise to the Commissioner Cause. Any disputes about or arising out of whether a Commissioner Cause applies to the Supplier's failure to provide the Services in accordance with this Agreement shall be resolved in accordance with the provisions of clause 19 16 (Dispute Resolution). Pending the resolution of the dispute both parties shall continue to resolve the causes of, and mitigate the effects of, such failure.