Common use of SUPPLIER RELIEF DUE TO CUSTOMER CAUSE Clause in Contracts

SUPPLIER RELIEF DUE TO CUSTOMER CAUSE. If the Supplier has failed to: Achieve a Milestone by its Milestone Date; provide the Goods and/or Services in accordance with the Service Levels; comply with its obligations under this Call Off Contract, (each a Supplier Non-Performance), and can demonstrate that the Supplier Non-Performance would not have occurred but for a Customer Cause, then (subject to the Supplier fulfilling its obligations in Clause 16 (Supplier Notification of Customer Cause)): the Supplier shall not be treated as being in breach of this Call Off Contract to the extent the Supplier can demonstrate that the Supplier Non-Performance was caused by the Customer Cause; the Customer shall not be entitled to exercise any rights that may arise as a result of that Supplier Non-Performance to terminate this Call Off Contract pursuant to Clause 41 (Customer Termination Rights) except Clause 41.6 (Termination Without Cause); where the Supplier Non-Performance constitutes the failure to Achieve a Milestone by its Milestone Date: the Milestone Date shall be postponed by a period equal to the period of Delay that the Supplier can demonstrate was caused by the Customer Cause; if the Customer, acting reasonably, considers it appropriate, the Implementation Plan shall be amended to reflect any consequential revisions required to subsequent Milestone Dates resulting from the Customer Cause; if failure to Achieve a Milestone attracts a Delay Payment, the Supplier shall have no liability to pay any such Delay Payment associated with the Milestone to the extent that the Supplier can demonstrate that such failure was caused by the Customer Cause; and/or where the Supplier Non-Performance constitutes a Service Level Failure: the Supplier shall not be liable to accrue Service Credits; the Customer shall not be entitled to any Compensation for Critical Service Level Failure pursuant to Clause 13 (Critical Service Level Failure); and the Supplier shall be entitled to invoice for the Call Off Contract Charges for the provision of the relevant Goods and/or Services affected by the Customer Cause, in each case, to the extent that the Supplier can demonstrate that the Service Level Failure was caused by the Customer Cause. In order to claim any of the rights and/or relief referred to in Clause 39.1, the Supplier shall: comply with its obligations under Clause 16 (Notification of Customer Cause); and within ten (10) Working Days of becoming aware that a Customer Cause has caused, or is likely to cause, a Supplier Non-Performance, give the Customer notice (a Relief Notice) setting out details of: the Supplier Non-Performance; the Customer Cause and its effect on the Supplier’s ability to meet its obligations under this Call Off Contract; and the relief claimed by the Supplier. Following the receipt of a Relief Notice, the Customer shall as soon as reasonably practicable consider the nature of the Supplier Non-Performance and the alleged Customer Cause and whether it agrees with the Supplier’s assessment set out in the Relief Notice as to the effect of the relevant Customer Cause and its entitlement to relief, consulting with the Supplier where necessary. Without prejudice to Clauses 7.7 (Continuing obligation to provide the Goods and/or Services) if a Dispute arises as to: whether a Supplier Non-Performance would not have occurred but for a Customer Cause; and/or the nature and/or extent of the relief claimed by the Supplier, either Party may refer the Dispute to the Dispute Resolution Procedure. Pending the resolution of the Dispute, both Parties shall continue to resolve the causes of, and mitigate the effects of, the Supplier Non-Performance. Any Variation that is required to the Implementation Plan or to the Call Off Contract Charges pursuant to this Clause 39 shall be implemented in accordance with the Variation Procedure.

SUPPLIER RELIEF DUE TO CUSTOMER CAUSE. If the Supplier has failed to: Achieve a Milestone by its Milestone Date; provide the Goods and/or Services in accordance with the Service Levels; comply with its obligations under this Call Off Contract, (each a “Supplier Non-Performance”), and can demonstrate that the Supplier Non-Performance would not have occurred but for a Customer Cause, then (subject to the Supplier fulfilling its obligations in Clause 16 17 (Supplier Notification of Customer Cause)): the Supplier shall not be treated as being in breach of this Call Off Contract to the extent the Supplier can demonstrate that the Supplier Non-Performance was caused by the Customer Cause; the Customer shall not be entitled to exercise any rights that may arise as a result of that Supplier Non-Performance to terminate this Call Off Contract pursuant to Clause 41 45 (Customer Termination Rights) except Clause 41.6 45.6 (Termination Without Cause); where the Supplier Non-Performance constitutes the failure to Achieve a Milestone by its Milestone Date: the Milestone Date shall be postponed by a period equal to the period of Delay that the Supplier can demonstrate was caused by the Customer Cause; if the Customer, acting reasonably, considers it appropriate, the Implementation Plan shall be amended to reflect any consequential revisions required to subsequent Milestone Dates resulting from the Customer Cause; if failure to Achieve a Milestone attracts a Delay Payment, the Supplier shall have no liability to pay any such Delay Payment associated with the Milestone to the extent that the Supplier can demonstrate that such failure was caused by the Customer Cause; and/or where the Supplier Non-Performance constitutes a Service Level Failure: the Supplier shall not be liable to accrue Service Credits; the Customer shall not be entitled to any Compensation for Critical Service Level Failure pursuant to Clause 13 14 (Critical Service Level Failure); and the Supplier shall be entitled to invoice for the Call Off Contract Charges for the provision of the relevant Goods and/or Services affected by the Customer Cause, in each case, to the extent that the Supplier can demonstrate that the Service Level Failure was caused by the Customer Cause. In order to claim any of the rights and/or relief referred to in Clause 39.143.1, the Supplier shall: comply with its obligations under Clause 16 17 (Notification of Customer Cause); and within ten (10) Working Days of becoming aware that a Customer Cause has caused, or is likely to cause, a Supplier Non-Performance, give the Customer notice (a “Relief Notice”) setting out details of: the Supplier Non-Performance; the Customer Cause and its effect on the Supplier’s ability to meet its obligations under this Call Off Contract; and the relief claimed by the Supplier. Following the receipt of a Relief Notice, the Customer shall as soon as reasonably practicable consider the nature of the Supplier Non-Performance and the alleged Customer Cause and whether it agrees with the Supplier’s assessment set out in the Relief Notice as to the effect of the relevant Customer Cause and its entitlement to relief, consulting with the Supplier where necessary. Without prejudice to Clauses 7.7 8.5 (Continuing obligation to provide the Goods and/or Services) if a Dispute arises as to: whether a Supplier Non-Performance would not have occurred but for a Customer Cause; and/or the nature and/or extent of the relief claimed by the Supplier, either Party may refer the Dispute to the Dispute Resolution Procedure. Pending the resolution of the Dispute, both Parties shall continue to resolve the causes of, and mitigate the effects of, the Supplier Non-Performance. Any Variation that is required to the Implementation Plan or to the Call Off Contract Charges pursuant to this Clause 39 43 shall be implemented in accordance with the Variation Procedure.

SUPPLIER RELIEF DUE TO CUSTOMER CAUSE. If the Supplier has failed to: Achieve a Milestone by its Milestone Date; provide the Goods and/or Services in accordance with the Service Levels; comply with its obligations under this Call Off Contract, (each a “Supplier Non-Performance”), and can demonstrate that the Supplier Non-Performance would not have occurred but for a Customer Cause, then (subject to the Supplier fulfilling its obligations in Clause 16 17 (Supplier Notification of Customer Cause)): the Supplier shall not be treated as being in breach of this Call Off Contract to the extent the Supplier can demonstrate that the Supplier Non-Performance was caused by the Customer Cause; the Customer shall not be entitled to exercise any rights that may arise as a result of that Supplier Non-Performance to terminate this Call Off Contract pursuant to Clause 41 (Customer Termination Rights) except Clause 41.6 41.7 (Termination Without Cause); where the Supplier Non-Performance constitutes the failure to Achieve a Milestone by its Milestone Date: the Milestone Date shall be postponed by a period equal to the period of Delay that the Supplier can demonstrate was caused by the Customer Cause; if the Customer, acting reasonably, considers it appropriate, the Implementation Plan shall be amended to reflect any consequential revisions required to subsequent Milestone Dates resulting from the Customer Cause; if failure to Achieve a Milestone attracts a Delay Payment, the Supplier shall have no liability to pay any such Delay Payment associated with the Milestone to the extent that the Supplier can demonstrate that such failure was caused by the Customer Cause; and/or where the Supplier Non-Performance constitutes a Service Level Failure: the Supplier shall not be liable to accrue Service Credits; the Customer shall not be entitled to any Compensation for Critical Service Level Failure pursuant to Clause 13 14 (Critical Service Level Failure); and the Supplier shall be entitled to invoice for the Call Off Contract Charges for the provision of the relevant Goods and/or Services affected by the Customer Cause, in each case, to the extent that the Supplier can demonstrate that the Service Level Failure was caused by the Customer Cause. In order to claim any of the rights and/or relief referred to in Clause 39.1, the Supplier shall: comply with its obligations under Clause 16 17 (Notification of Customer Cause); and within ten (10) Working Days of becoming aware that a Customer Cause has caused, or is likely to cause, a Supplier Non-Performance, give the Customer notice (a “Relief Notice”) setting out details of: the Supplier Non-Performance; the Customer Cause and its effect on the Supplier’s ability to meet its obligations under this Call Off Contract; and the relief claimed by the Supplier. Following the receipt of a Relief Notice, the Customer shall as soon as reasonably practicable consider the nature of the Supplier Non-Performance and the alleged Customer Cause and whether it agrees with the Supplier’s assessment set out in the Relief Notice as to the effect of the relevant Customer Cause and its entitlement to relief, consulting with the Supplier where necessary. Without prejudice to Clauses 7.7 8.6 (Continuing obligation to provide the Goods and/or Services) and 9.11 (Continuing obligation to provide the Goods), if a Dispute arises as to: whether a Supplier Non-Performance would not have occurred but for a Customer Cause; and/or the nature and/or extent of the relief claimed by the Supplier, either Party may refer the Dispute to the Dispute Resolution Procedure. Pending the resolution of the Dispute, both Parties shall continue to resolve the causes of, and mitigate the effects of, the Supplier Non-Performance. Any Variation that is required to the Implementation Plan or to the Call Off Contract Charges pursuant to this Clause 39 shall be implemented in accordance with the Variation Procedure.

SUPPLIER RELIEF DUE TO CUSTOMER CAUSE. If the Supplier has failed to: Achieve a Milestone by its Milestone Date; provide the Goods and/or Services in accordance with the Service Levels; comply with its obligations under this Call Off Contract, (each a “Supplier Non-Performance”), and can demonstrate that the Supplier Non-Performance would not have occurred but for a Customer Cause, then (subject to the Supplier fulfilling its obligations in Clause 16 17. (Supplier Notification of Customer Cause)): the Supplier shall not be treated as being in breach of this Call Off Contract to the extent the Supplier can demonstrate that the Supplier Non-Performance was caused by the Customer Cause; the Customer shall not be entitled to exercise any rights that may arise as a result of that Supplier Non-Performance to terminate this Call Off Contract pursuant to Clause 41 41. (Customer Termination Rights) except Clause 41.6 41.7 (Termination Without Cause); where the Supplier Non-Performance constitutes the failure to Achieve a Milestone by its Milestone Date: the Milestone Date shall be postponed by a period equal to the period of Delay that the Supplier can demonstrate was caused by the Customer Cause; if the Customer, acting reasonably, considers it appropriate, the Implementation Plan shall be amended to reflect any consequential revisions required to subsequent Milestone Dates resulting from the Customer Cause; if failure to Achieve a Milestone attracts a Delay Payment, the Supplier shall have no liability to pay any such Delay Payment associated with the Milestone to the extent that the Supplier can demonstrate that such failure was caused by the Customer Cause; and/or where the Supplier Non-Performance constitutes a Service Level Failure: the Supplier shall not be liable to accrue Service CreditsNot used; the Customer shall not be entitled to any Compensation for Critical Service Level Failure pursuant to Clause 13 14. (Critical Service Level Failure); and the Supplier shall be entitled to invoice for the Call Off Contract Charges for the provision of the relevant Goods and/or Services affected by the Customer Cause, in each case, to the extent that the Supplier can demonstrate that the Service Level Failure was caused by the Customer Cause. In order to claim any of the rights and/or relief referred to in Clause 39.1, the Supplier shall: comply with its obligations under Clause 16 17. (Notification of Customer Cause); and within ten (10) Working Days of becoming aware that a Customer Cause has caused, or is likely to cause, a Supplier Non-Performance, give the Customer notice (a “Relief Notice”) setting out details of: the Supplier Non-Performance; the Customer Cause and its effect on the Supplier’s ability to meet its obligations under this Call Off Contract; and the relief claimed by the Supplier. Following the receipt of a Relief Notice, the Customer shall as soon as reasonably practicable consider the nature of the Supplier Non-Performance and the alleged Customer Cause and whether it agrees with the Supplier’s assessment set out in the Relief Notice as to the effect of the relevant Customer Cause and its entitlement to relief, consulting with the Supplier where necessary. Without prejudice to Clauses 7.7 8.6 (Continuing obligation to provide the Goods and/or Services) if a Dispute arises as to: whether a Supplier Non-Performance would not have occurred but for a Customer Cause; and/or the nature and/or extent of the relief claimed by the Supplier, either Party may refer the Dispute to the Dispute Resolution Procedure. Pending the resolution of the Dispute, both Parties shall continue to resolve the causes of, and mitigate the effects of, the Supplier Non-Performance. Any Variation that is required to the Implementation Plan or to the Call Off Contract Charges pursuant to this Clause 39 39. shall be implemented in accordance with the Variation Procedure.

SUPPLIER RELIEF DUE TO CUSTOMER CAUSE. If the Supplier has failed to: Achieve a Milestone by its Milestone Date; provide the Goods and/or Services in accordance with the Service Levels; comply with its obligations under this Call Off Contract, (each a “Supplier Non-Performance”), and can demonstrate that the Supplier Non-Performance would not have occurred but for a Customer Cause, then (subject to the Supplier fulfilling its obligations in Clause 16 17 (Supplier Notification of Customer Cause)): the Supplier shall not be treated as being in breach of this Call Off Contract to the extent the Supplier can demonstrate that the Supplier Non-Performance was caused by the Customer Cause; the Customer shall not be entitled to exercise any rights that may arise as a result of that Supplier Non-Performance to terminate this Call Off Contract pursuant to Clause 41 (Customer Termination Rights) except Clause 41.6 41.7 (Termination Without Cause); where the Supplier Non-Performance constitutes the failure to Achieve a Milestone by its Milestone Date: the Milestone Date shall be postponed by a period equal to the period of Delay that the Supplier can demonstrate was caused by the Customer Cause; if the Customer, acting reasonably, considers it appropriate, the Implementation Plan shall be amended to reflect any consequential revisions required to subsequent Milestone Dates resulting from the Customer Cause; if failure to Achieve a Milestone attracts a Delay Payment, the Supplier shall have no liability to pay any such Delay Payment associated with the Milestone to the extent that the Supplier can demonstrate that such failure was caused by the Customer Cause; and/or where the Supplier Non-Performance constitutes a Service Level Failure: the Supplier shall not be liable to accrue Service Credits; the Customer shall not be entitled to any Compensation for Critical Service Level Failure pursuant to Clause 13 14 (Critical Service Level Failure); and the Supplier shall be entitled to invoice for the Call Off Contract Charges for the provision of the relevant Goods and/or Services affected by the Customer Cause, in each case, to the extent that the Supplier can demonstrate that the Service Level Failure was caused by the Customer Cause. In order to claim any of the rights and/or relief referred to in Clause 39.1, the Supplier shall: comply with its obligations under Clause 16 17 (Notification of Customer Cause); and within ten (10) Working Days of becoming aware that a Customer Cause has caused, or is likely to cause, a Supplier Non-Performance, give the Customer notice (a “Relief Notice”) setting out details of: the Supplier Non-Performance; the Customer Cause and its effect on the Supplier’s Suppliers ability to meet its obligations under this Call Off Contract; and the relief claimed by the Supplier. Following the receipt of a Relief Notice, the Customer shall as soon as reasonably practicable consider the nature of the Supplier Non-Performance and the alleged Customer Cause and whether it agrees with the Supplier’s Suppliers assessment set out in the Relief Notice as to the effect of the relevant Customer Cause and its entitlement to relief, consulting with the Supplier where necessary. Without prejudice to Clauses 7.7 8.6 (Continuing obligation to provide the Goods and/or Services) and 9.11 (Continuing obligation to provide the Goods), if a Dispute arises as to: whether a Supplier Non-Performance would not have occurred but for a Customer Cause; and/or the nature and/or extent of the relief claimed by the Supplier, either Party may refer the Dispute to the Dispute Resolution Procedure. Pending the resolution of the Dispute, both Parties shall continue to resolve the causes of, and mitigate the effects of, the Supplier Non-Performance. Any Variation that is required to the Implementation Plan or to the Call Off Contract Charges pursuant to this Clause 39 shall be implemented in accordance with the Variation Procedure.

SUPPLIER RELIEF DUE TO CUSTOMER CAUSE. If the Supplier has failed to: Achieve a Milestone by its Milestone Date; provide the Goods and/or Services in accordance with the Service Levels; comply with its obligations under this Call Off Contract, (each a “Supplier Non-Performance”), and can demonstrate that the Supplier Non-Performance would not have occurred but for a Customer Cause, then (subject to the Supplier fulfilling its obligations in Clause 16 17 (Supplier Notification of Customer Cause)): the Supplier shall not be treated as being in breach of this Call Off Contract to the extent the Supplier can demonstrate that the Supplier Non-Performance was caused by the Customer Cause; the Customer shall not be entitled to exercise any rights that may arise as a result of that Supplier Non-Performance to terminate this Call Off Contract pursuant to Clause 41 (Customer Termination Rights) except Clause 41.6 (Termination Without Cause); where the Supplier Non-Performance constitutes the failure to Achieve a Milestone by its Milestone Date: the Milestone Date shall be postponed by a period equal to the period of Delay that the Supplier can demonstrate was caused by the Customer Cause; if the Customer, acting reasonably, considers it appropriate, the Implementation Plan shall be amended to reflect any consequential revisions required to subsequent Milestone Dates resulting from the Customer Cause; if failure to Achieve a Milestone attracts a Delay Payment, the Supplier shall have no liability to pay any such Delay Payment associated with the Milestone to the extent that the Supplier can demonstrate that such failure was caused by the Customer Cause; and/or where the Supplier Non-Performance constitutes a Service Level Failure: the Supplier shall not be liable to accrue Service Credits; the Customer shall not be entitled to any Compensation for Critical Service Level Failure pursuant to Clause 13 14 (Critical Service Level Failure); and the Supplier shall be entitled to invoice for the Call Off Contract Charges for the provision of the relevant Goods and/or Services affected by the Customer Cause, in each case, to the extent that the Supplier can demonstrate that the Service Level Failure was caused by the Customer Cause. In order to claim any of the rights and/or relief referred to in Clause 39.1, the Supplier shall: comply with its obligations under Clause 16 17 (Notification of Customer Cause); and within ten (10) Working Days of becoming aware that a Customer Cause has caused, or is likely to cause, a Supplier Non-Performance, give the Customer notice (a “Relief Notice”) setting out details of: the Supplier Non-Performance; the Customer Cause and its effect on the Supplier’s ability to meet its obligations under this Call Off Contract; and the relief claimed by the Supplier. Following the receipt of a Relief Notice, the Customer shall as soon as reasonably practicable consider the nature of the Supplier Non-Performance and the alleged Customer Cause and whether it agrees with the Supplier’s assessment set out in the Relief Notice as to the effect of the relevant Customer Cause and its entitlement to relief, consulting with the Supplier where necessary. Without prejudice to Clauses 7.7 8.5 (Continuing obligation to provide the Goods and/or Services) and 9.10 (Continuing obligation to provide the Goods), if a Dispute arises as to: whether a Supplier Non-Performance would not have occurred but for a Customer Cause; and/or the nature and/or extent of the relief claimed by the Supplier, either Party may refer the Dispute to the Dispute Resolution Procedure. Pending the resolution of the Dispute, both Parties shall continue to resolve the causes of, and mitigate the effects of, the Supplier Non-Performance. Any Variation that is required to the Implementation Plan or to the Call Off Contract Charges pursuant to this Clause 39 shall be implemented in accordance with the Variation Procedure.

SUPPLIER RELIEF DUE TO CUSTOMER CAUSE. If the Supplier has failed to: Achieve a Milestone by its Milestone Date; provide the Goods and/or Services in accordance with the Service Levels; comply with its obligations under this Call Off Contract, (each a “Supplier Non-Performance”), and can demonstrate that the Supplier Non-Performance would not have occurred but for a Customer Cause, then (subject to the Supplier fulfilling its obligations in Clause 16 17 (Supplier Notification of Customer Cause)): the Supplier shall not be treated as being in breach of this Call Off Contract to the extent the Supplier can demonstrate that the Supplier Non-Performance was caused by the Customer Cause; the Customer shall not be entitled to exercise any rights that may arise as a result of that Supplier Non-Performance to terminate this Call Off Contract pursuant to Clause 41 (Customer Termination Rights) except Clause 41.6 41.7 (Termination Without Cause); where the Supplier Non-Performance constitutes the failure to Achieve a Milestone by its Milestone Date: the Milestone Date shall be postponed by a period equal to the period of Delay that the Supplier can demonstrate was caused by the Customer Cause; if the Customer, acting reasonably, considers it appropriate, the Implementation Plan shall be amended to reflect any consequential revisions required to subsequent Milestone Dates resulting from the Customer Cause; if failure to Achieve a Milestone attracts a Delay Payment, the Supplier shall have no liability to pay any such Delay Payment associated with the Milestone to the extent that the Supplier can demonstrate that such failure was caused by the Customer Cause; and/or where the Supplier Non-Performance constitutes a Service Level Failure: the Supplier shall not be liable to accrue Service CreditsNot used; the Customer shall not be entitled to any Compensation for Critical Service Level Failure pursuant to Clause 13 14 (Critical Service Level Failure); and the Supplier shall be entitled to invoice for the Call Off Contract Charges for the provision of the relevant Goods and/or Services affected by the Customer Cause, in each case, to the extent that the Supplier can demonstrate that the Service Level Failure was caused by the Customer Cause. In order to claim any of the rights and/or relief referred to in Clause 39.1, the Supplier shall: comply with its obligations under Clause 16 17 (Notification of Customer Cause); and within ten (10) Working Days of becoming aware that a Customer Cause has caused, or is likely to cause, a Supplier Non-Performance, give the Customer notice (a “Relief Notice”) setting out details of: the Supplier Non-Performance; the Customer Cause and its effect on the Supplier’s ability to meet its obligations under this Call Off Contract; and the relief claimed by the Supplier. Following the receipt of a Relief Notice, the Customer shall as soon as reasonably practicable consider the nature of the Supplier Non-Performance and the alleged Customer Cause and whether it agrees with the Supplier’s assessment set out in the Relief Notice as to the effect of the relevant Customer Cause and its entitlement to relief, consulting with the Supplier where necessary. Without prejudice to Clauses 7.7 8.6 (Continuing obligation to provide the Goods and/or Services) if a Dispute arises as to: whether a Supplier Non-Performance would not have occurred but for a Customer Cause; and/or the nature and/or extent of the relief claimed by the Supplier, either Party may refer the Dispute to the Dispute Resolution Procedure. Pending the resolution of the Dispute, both Parties shall continue to resolve the causes of, and mitigate the effects of, the Supplier Non-Performance. Any Variation that is required to the Implementation Plan or to the Call Off Contract Charges pursuant to this Clause 39 shall be implemented in accordance with the Variation Procedure.

SUPPLIER RELIEF DUE TO CUSTOMER CAUSE. If the Supplier has failed to: Achieve a Milestone by its Milestone Date; provide the Goods Products and/or Services in accordance with the Service Levels; comply with its obligations under this Call Off Contract, (each a “Supplier Non-Performance”), and can demonstrate that the Supplier Non-Performance would not have occurred but for a Customer Cause, then (subject to the Supplier fulfilling its obligations in Clause 16 19 (Supplier Notification of Customer Cause)): the Supplier shall not be treated as being in breach of this Call Off Contract to the extent the Supplier can demonstrate that the Supplier Non-Performance was caused by the Customer Cause; the Customer shall not be entitled to exercise any rights that may arise as a result of that Supplier Non-Performance to terminate this Call Off Contract pursuant to Clause 41 44 (Customer Termination Rights) except Clause 41.6 44.7 (Termination Without Cause); where the Supplier Non-Performance constitutes the failure to Achieve a Milestone by its Milestone Date: the Milestone Date shall be postponed by a period equal to the period of Delay that the Supplier can demonstrate was caused by the Customer Cause; if the Customer, acting reasonably, considers it appropriate, the Implementation Plan shall be amended to reflect any consequential revisions required to subsequent Milestone Dates resulting from the Customer Cause; if failure to Achieve a Milestone attracts a Delay Payment, the Supplier shall have no liability to pay any such Delay Payment associated with the Milestone to the extent that the Supplier can demonstrate that such failure was caused by the Customer Cause; and/or where the Supplier Non-Performance constitutes a Service Level Failure: the Supplier shall not be liable to accrue Service Credits; the Customer shall not be entitled to any Compensation for Critical Service Level Failure pursuant to Clause 13 16 (Critical Service Level Failure); and the Supplier shall be entitled to invoice for the Call Off Contract Charges for the provision of the relevant Goods Products and/or Services affected Servicesaffected by the Customer Cause, in each case, to the extent that the Supplier can demonstrate that the Service Level Failure was caused by the Customer Cause. In order to claim any of the rights and/or relief referred to in Clause 39.142.1, the Supplier shall: comply with its obligations under Clause 16 19 (Notification of Customer Cause); and within ten (10) Working Days of becoming aware that a Customer Cause has caused, or is likely to cause, a Supplier Non-Performance, give the Customer notice (a “Relief Notice”) setting out details of: the Supplier Non-Performance; the Customer Cause and its effect on the Supplier’s ability to meet its obligations under this Call Off Contract; and the relief claimed by the Supplier. Following the receipt of a Relief Notice, the Customer shall as soon as reasonably practicable consider the nature of the Supplier Non-Performance and the alleged Customer Cause and whether it agrees with the Supplier’s assessment set out in the Relief Notice as to the effect of the relevant Customer Cause and its entitlement to relief, consulting with the Supplier where necessary. Without prejudice to Clauses 7.7 9.6 (Continuing obligation to provide the Goods and/or Services) and 10.13 (Continuing obligation to provide the Products), if a Dispute arises as to: whether a Supplier Non-Performance would not have occurred but for a Customer Cause; and/or the nature and/or extent of the relief claimed by the Supplier, either Party may refer the Dispute to the Dispute Resolution Procedure. Pending the resolution of the Dispute, both Parties shall continue to resolve the causes of, and mitigate the effects of, the Supplier Non-Performance. Any Variation that is required to the Implementation Plan or to the Call Off Contract Charges pursuant to this Clause 39 42 shall be implemented in accordance with the Variation Procedure.

SUPPLIER RELIEF DUE TO CUSTOMER CAUSE. If the Supplier has failed to: Achieve a Milestone by its Milestone Date; provide the Goods and/or Services in accordance with the Service Levels; comply with its obligations under this Call Off Contract, (each a “Supplier Non-Performance”), and can demonstrate that the Supplier Non-Performance would not have occurred but for a Customer Cause, then (subject to the Supplier fulfilling its obligations in Clause 16 17 (Supplier Notification of Customer Cause)): the Supplier shall not be treated as being in breach of this Call Off Contract to the extent the Supplier can demonstrate that the Supplier Non-Performance was caused by the Customer Cause; the Customer shall not be entitled to exercise any rights that may arise as a result of that Supplier Non-Performance to terminate this Call Off Contract pursuant to Clause 41 (Customer Termination Rights) except Clause 41.6 41.7 (Termination Without Cause); where the Supplier Non-Performance constitutes the failure to Achieve a Milestone by its Milestone Date: the Milestone Date shall be postponed by a period equal to the period of Delay that the Supplier can demonstrate was caused by the Customer Cause; if the Customer, acting reasonably, considers it appropriate, the Implementation Plan shall be amended to reflect any consequential revisions required to subsequent Milestone Dates resulting from the Customer Cause; if failure to Achieve a Milestone attracts a Delay Payment, the Supplier shall have no liability to pay any such Delay Payment associated with the Milestone to the extent that the Supplier can demonstrate that such failure was caused by the Customer Cause; and/or where the Supplier Non-Performance constitutes a Service Level Failure: the Supplier shall not be liable to accrue Service Credits; the Customer shall not be entitled to any Compensation for Critical Service Level Failure pursuant to Clause 13 14 (Critical Service Level Failure); and the Supplier shall be entitled to invoice for the Call Off Contract Charges for the provision of the relevant Goods and/or Services affected by the Customer Cause, in each case, to the extent that the Supplier can demonstrate that the Service Level Failure was caused by the Customer Cause. In order to claim any of the rights and/or relief referred to in Clause 39.1, the Supplier shall: comply with its obligations under Clause 16 17 (Notification of Customer Cause); and within ten (10) Working Days of becoming aware that a Customer Cause has caused, or is likely to cause, a Supplier Non-Performance, give the Customer notice (a “Relief Notice”) setting out details of: the Supplier Non-Performance; the Customer Cause and its effect on the Supplier’s Suppliers ability to meet its obligations under this Call Off Contract; and the relief claimed by the Supplier. Following the receipt of a Relief Notice, the Customer shall as soon as reasonably practicable consider the nature of the Supplier Non-Performance and the alleged Customer Cause and whether it agrees with the Supplier’s Suppliers assessment set out in the Relief Notice as to the effect of the relevant Customer Cause and its entitlement to relief, consulting with the Supplier where necessary. Without prejudice to Clauses 7.7 8.6 (Continuing obligation to provide the Goods and/or Services) and Error: Reference source not found (Continuing obligation to provide the Goods), if a Dispute arises as to: whether a Supplier Non-Performance would not have occurred but for a Customer Cause; and/or the nature and/or extent of the relief claimed by the Supplier, either Party may refer the Dispute to the Dispute Resolution Procedure. Pending the resolution of the Dispute, both Parties shall continue to resolve the causes of, and mitigate the effects of, the Supplier Non-Performance. Any Variation that is required to the Implementation Plan or to the Call Off Contract Charges pursuant to this Clause 39 shall be implemented in accordance with the Variation Procedure.

SUPPLIER RELIEF DUE TO CUSTOMER CAUSE. If the Supplier has failed to: Achieve a Milestone by its Milestone Date; provide the Goods and/or Services in accordance with the Service LevelsNot Used; comply with its obligations under this Call Off Contract, (each a “Supplier Non-Performance”), and can demonstrate that the Supplier Non-Performance would not have occurred but for a Customer Cause, then (subject to the Supplier fulfilling its obligations in Clause 16 18 (Supplier Notification of Customer Cause)): the Supplier shall not be treated as being in breach of this Call Off Contract to the extent the Supplier can demonstrate that the Supplier Non-Performance was caused by the Customer Cause; the Customer shall not be entitled to exercise any rights that may arise as a result of that Supplier Non-Performance to terminate this Call Off Contract pursuant to Clause 41 42 (Customer Termination Rights) except Clause 41.6 42.7 (Termination Without Cause); where the Supplier Non-Performance constitutes the failure to Achieve a Milestone by its Milestone Date: the Milestone Date shall be postponed by a period equal to the period of Delay that the Supplier can demonstrate was caused by the Customer Cause; if the Customer, acting reasonably, considers it appropriate, the Implementation Project Plan shall be amended to reflect any consequential revisions required to subsequent Milestone Dates resulting from the Customer Cause; if failure to Achieve a Milestone attracts a Delay Payment, the Supplier shall have no liability to pay any such Delay Payment associated with the Milestone to the extent that the Supplier can demonstrate that such failure was caused by the Customer Cause; and/or where the Supplier Non-Performance constitutes a Service Level Failure: the Supplier shall not be liable to accrue Service Credits; the Customer shall not be entitled to any Compensation for Critical Service Level Failure pursuant to Clause 13 (Critical Service Level Failure); and the Supplier shall be entitled to invoice for the Call Off Contract Charges for the provision of the relevant Goods and/or Services affected by the Customer Cause, in each case, to the extent that the Supplier can demonstrate that the Service Level Failure was caused by the Customer CauseNot used. In order to claim any of the rights and/or relief referred to in Clause 39.140.1, the Supplier shall: comply with its obligations under Clause 16 18 (Notification of Customer Cause); and within ten (10) Working Days of becoming aware that a Customer Cause has caused, or is likely to cause, a Supplier Non-Performance, give the Customer notice (a “Relief Notice”) setting out details of: the Supplier Non-Performance; the Customer Cause and its effect on the Supplier’s ability to meet its obligations under this Call Off Contract; and the relief claimed by the Supplier. Following the receipt of a Relief Notice, the Customer shall as soon as reasonably practicable consider the nature of the Supplier Non-Performance and the alleged Customer Cause and whether it agrees with the Supplier’s assessment set out in the Relief Notice as to the effect of the relevant Customer Cause and its entitlement to relief, consulting with the Supplier where necessary. Without prejudice to Clauses 7.7 8.6 (Continuing obligation to provide the Goods and/or Services) , if a Dispute arises as to: whether a Supplier Non-Performance would not have occurred but for a Customer Cause; and/or the nature and/or extent of the relief claimed by the Supplier, either Party may refer the Dispute to the Dispute Resolution Procedure. Pending the resolution of the Dispute, both Parties shall continue to resolve the causes of, and mitigate the effects of, the Supplier Non-Performance. Any Variation that is required to the Implementation theProject Plan or to the Call Off Contract Charges pursuant to this Clause 39 40 shall be implemented in accordance with the Variation Procedure.

SUPPLIER RELIEF DUE TO CUSTOMER CAUSE. If the Supplier has failed to: Achieve a Milestone by its Milestone Date; provide the Goods and/or Services in accordance with the Service Levels; comply with its obligations under this Call Off Contract, (each a Supplier Non-Performance), and can demonstrate that the Supplier Non-Performance would not have occurred but for a Customer Cause, then (subject to the Supplier fulfilling its obligations in Clause 16 16. (Supplier Notification of Customer Cause)): the Supplier shall not be treated as being in breach of this Call Off Contract to the extent the Supplier can demonstrate that the Supplier Non-Performance was caused by the Customer Cause; the Customer shall not be entitled to exercise any rights that may arise as a result of that Supplier Non-Performance to terminate this Call Off Contract pursuant to Clause 41 41. (Customer Termination Rights) except Clause 41.6 (Termination Without Cause); where the Supplier Non-Performance constitutes the failure to Achieve a Milestone by its Milestone Date: the Milestone Date shall be postponed by a period equal to the period of Delay that the Supplier can demonstrate was caused by the Customer Cause; if the Customer, acting reasonably, considers it appropriate, the Implementation Plan shall be amended to reflect any consequential revisions required to subsequent Milestone Dates resulting from the Customer Cause; if failure to Achieve a Milestone attracts a Delay Payment, the Supplier shall have no liability to pay any such Delay Payment associated with the Milestone to the extent that the Supplier can demonstrate that such failure was caused by the Customer Cause; and/or where the Supplier Non-Performance constitutes a Service Level Failure: the Supplier shall not be liable to accrue Service Credits; the Customer shall not be entitled to any Compensation for Critical Service Level Failure pursuant to Clause 13 13. (Critical Service Level Failure); and the Supplier shall be entitled to invoice for the Call Off Contract Charges for the provision of the relevant Goods and/or Services affected by the Customer Cause, in each case, to the extent that the Supplier can demonstrate that the Service Level Failure was caused by the Customer Cause. In order to claim any of the rights and/or relief referred to in Clause 39.1, the Supplier shall: comply with its obligations under Clause 16 16. (Notification of Customer Cause); and within ten (10) Working Days of becoming aware that a Customer Cause has caused, or is likely to cause, a Supplier Non-Performance, give the Customer notice (a Relief Notice) setting out details of: the Supplier Non-Performance; the Customer Cause and its effect on the Supplier’s ability to meet its obligations under this Call Off Contract; and the relief claimed by the Supplier. Following the receipt of a Relief Notice, the Customer shall as soon as reasonably practicable consider the nature of the Supplier Non-Performance and the alleged Customer Cause and whether it agrees with the Supplier’s assessment set out in the Relief Notice as to the effect of the relevant Customer Cause and its entitlement to relief, consulting with the Supplier where necessary. Without prejudice to Clauses 7.7 (Continuing obligation to provide the Goods and/or Services) if a Dispute arises as to: whether a Supplier Non-Performance would not have occurred but for a Customer Cause; and/or the nature and/or extent of the relief claimed by the Supplier, either Party may refer the Dispute to the Dispute Resolution Procedure. Pending the resolution of the Dispute, both Parties shall continue to resolve the causes of, and mitigate the effects of, the Supplier Non-Performance. Any Variation that is required to the Implementation Plan or to the Call Off Contract Charges pursuant to this Clause 39 39. shall be implemented in accordance with the Variation Procedure.

SUPPLIER RELIEF DUE TO CUSTOMER CAUSE. If the Supplier has failed to: Achieve a Milestone by its Milestone Date; provide the Goods and/or Services in accordance with the Service Levels; comply with its obligations under this Call Off Contract, (each a “Supplier Non-Performance”), and can demonstrate that the Supplier Non-Performance would not have occurred but for a Customer Cause, then (subject to the Supplier fulfilling its obligations in Clause 16 15 (Supplier Notification of Customer Cause)): the Supplier shall not be treated as being in breach of this Call Off Contract to the extent the Supplier can demonstrate that the Supplier Non-Performance was caused by the Customer Cause; the Customer shall not be entitled to exercise any rights that may arise as a result of that Supplier Non-Performance to terminate this Call Off Contract pursuant to Clause 41 39 (Customer Termination Rights) except Clause 41.6 39.6 (Termination Without Cause); where the Supplier Non-Performance constitutes the failure to Achieve a Milestone by its Milestone Date: the Milestone Date shall be postponed by a period equal to the period of Delay that the Supplier can demonstrate was caused by the Customer Cause; if the Customer, acting reasonably, considers it appropriate, the Implementation Plan shall be amended to reflect any consequential revisions required to subsequent Milestone Dates resulting from the Customer Cause; if failure to Achieve a Milestone attracts a Delay Payment, the Supplier shall have no liability to pay any such Delay Payment associated with the Milestone to the extent that the Supplier can demonstrate that such failure was caused by the Customer Cause; and/or where the Supplier Non-Performance constitutes a Service Level Failure: the Supplier shall not be liable to accrue Service Credits; the Customer shall not be entitled to any Compensation for Critical Service Level Failure pursuant to Clause 13 12 (Critical Service Level Failure); and the Supplier shall be entitled to invoice for the Call Off Contract Charges for the provision of the relevant Goods and/or Services affected by the Customer Cause, in each case, to the extent that the Supplier can demonstrate that the Service Level Failure was caused by the Customer Cause. In order to claim any of the rights and/or relief referred to in Clause 39.137.1, the Supplier shall: comply with its obligations under Clause 16 15 (Supplier Notification of Customer Cause); and within ten (10) Working Days of becoming aware that a Customer Cause has caused, or is likely to cause, a Supplier Non-Performance, give the Customer notice (a “Relief Notice”) setting out details of: the Supplier Non-Performance; the Customer Cause and its effect on the Supplier’s ability to meet its obligations under this Call Off Contract; and the relief claimed by the Supplier. Following the receipt of a Relief Notice, the Customer shall as soon as reasonably practicable consider the nature of the Supplier Non-Performance and the alleged Customer Cause and whether it agrees with the Supplier’s assessment set out in the Relief Notice as to the effect of the relevant Customer Cause and its entitlement to relief, consulting with the Supplier where necessary. Without prejudice to Clauses 7.7 Clause 8.5 (Continuing obligation to provide the Goods and/or Services) ), if a Dispute arises as to: whether a Supplier Non-Performance would not have occurred but for a Customer Cause; and/or the nature and/or extent of the relief claimed by the Supplier, either Party may refer the Dispute to the Dispute Resolution Procedure. Pending the resolution of the Dispute, both Parties shall continue to resolve the causes of, and mitigate the effects of, the Supplier Non-Performance. Any Variation that is required to the Implementation Plan or to the Call Off Contract Charges pursuant to this Clause 39 37 shall be implemented in accordance with the Variation Procedure.

SUPPLIER RELIEF DUE TO CUSTOMER CAUSE. If the Supplier has failed to: Achieve a Milestone by its Milestone Date; provide the Goods and/or Services in accordance with the Service Levels; comply with its obligations under this Call Off ContractContract , (each a “Supplier Non-Performance”), and can demonstrate that the Supplier Non-Performance would not have occurred but for a Customer Cause, then (subject to the Supplier fulfilling its obligations in Clause 16 17 (Supplier Notification of Customer Cause)): the Supplier shall not be treated as being in breach of this Call Off Contract to the extent the Supplier can demonstrate that the Supplier Non-Performance was caused by the Customer Cause; the Customer shall not be entitled to exercise any rights that may arise as a result of that Supplier Non-Performance to terminate this Call Off Contract pursuant to Clause 41 (Customer Termination Rights) except Clause 41.6 41.7 (Termination Without Cause); where the Supplier Non-Performance constitutes the failure to Achieve a Milestone by its Milestone Date: the Milestone Date shall be postponed by a period equal to the period of Delay that the Supplier can demonstrate was caused by the Customer Cause; if the Customer, acting reasonably, considers it appropriate, the Implementation Plan shall be amended to reflect any consequential revisions required to subsequent Milestone Dates resulting from the Customer Cause; if failure to Achieve a Milestone attracts a Delay Payment, the Supplier shall have no liability to pay any such Delay Payment associated with the Milestone to the extent that the Supplier can demonstrate that such failure was caused by the Customer Cause; and/or where the Supplier Non-Performance constitutes a Service Level Failure: the Supplier shall not be liable to accrue Service Credits; the Customer shall not be entitled to any Compensation for Critical Service Level Failure pursuant to Clause 13 14 (Critical Service Level Failure); and the Supplier shall be entitled to invoice for the Call Off Contract Charges for the provision of the relevant Goods and/or Services affected by the Customer Cause, in each case, to the extent that the Supplier can demonstrate that the Service Level Failure was caused by the Customer Cause. In order to claim any of the rights and/or relief referred to in Clause 39.1, the Supplier shall: comply with its obligations under Clause 16 17 (Notification of Customer Cause); and within ten (10) Working Days of becoming aware that a Customer Cause has caused, or is likely to cause, a Supplier Non-Performance, give the Customer notice (a “Relief Notice”) setting out details of: the Supplier Non-Performance; the Customer Cause and its effect on the Supplier’s Suppliers ability to meet its obligations under this Call Off ContractContract ; and the relief claimed by the Supplier. Following the receipt of a Relief Notice, the Customer shall as soon as reasonably practicable consider the nature of the Supplier Non-Performance and the alleged Customer Cause and whether it agrees with the Supplier’s Suppliers assessment set out in the Relief Notice as to the effect of the relevant Customer Cause and its entitlement to relief, consulting with the Supplier where necessary. Without prejudice to Clauses 7.7 8.6 (Continuing obligation to provide the Goods and/or Services) and 9.11 (Continuing obligation to provide the Goods), if a Dispute arises as to: whether a Supplier Non-Performance would not have occurred but for a Customer Cause; and/or the nature and/or extent of the relief claimed by the Supplier, either Party may refer the Dispute to the Dispute Resolution Procedure. Pending the resolution of the Dispute, both Parties shall continue to resolve the causes of, and mitigate the effects of, the Supplier Non-Performance. Any Variation that is required to the Implementation Plan or to the Call Off Contract Charges pursuant to this Clause 39 shall be implemented in accordance with the Variation Procedure.

SUPPLIER RELIEF DUE TO CUSTOMER CAUSE. If the Supplier has failed to: Achieve a Milestone by its Milestone Date; provide the Goods and/or Services in accordance with the Service Levels; comply with its obligations under this Call Off Contract, (each a “Supplier Non-Performance”), and can demonstrate that the Supplier Non-Performance would not have occurred but for a Customer Cause, then (subject to the Supplier fulfilling its obligations in Clause 16 17 (Supplier Notification of Customer Cause)): the Supplier shall not be treated as being in breach of this Call Off Contract to the extent the Supplier can demonstrate that the Supplier Non-Performance was caused by the Customer Cause; the Customer shall not be entitled to exercise any rights that may arise as a result of that Supplier Non-Performance to terminate this Call Off Contract pursuant to Clause 41 (Customer Termination Rights) except Clause 41.6 41.7 (Termination Without Cause); where the Supplier Non-Performance constitutes the failure to Achieve a Milestone by its Milestone Date: the Milestone Date shall be postponed by a period equal to the period of Delay that the Supplier can demonstrate was caused by the Customer Cause; if the Customer, acting reasonably, considers it appropriate, the Implementation Plan shall be amended to reflect any consequential revisions required to subsequent Milestone Dates resulting from the Customer Cause; if failure to Achieve a Milestone attracts a Delay Payment, the Supplier shall have no liability to pay any such Delay Payment associated with the Milestone to the extent that the Supplier can demonstrate that such failure was caused by the Customer Cause; and/or where the Supplier Non-Performance constitutes a Service Level Failure: the Supplier shall not be liable to accrue Service CreditsNot used; the Customer shall not be entitled to any Compensation for Critical Service Level Failure pursuant to Clause 13 Error: Reference source not found (Critical Service Level Failure); and the Supplier shall be entitled to invoice for the Call Off Contract Charges for the provision of the relevant Goods and/or Services affected by the Customer Cause, in each case, to the extent that the Supplier can demonstrate that the Service Level Failure was caused by the Customer Cause. In order to claim any of the rights and/or relief referred to in Clause 39.1, the Supplier shall: comply with its obligations under Clause 16 17 (Notification of Customer Cause); and within ten (10) Working Days of becoming aware that a Customer Cause has caused, or is likely to cause, a Supplier Non-Performance, give the Customer notice (a “Relief Notice”) setting out details of: the Supplier Non-Performance; the Customer Cause and its effect on the Supplier’s ability to meet its obligations under this Call Off Contract; and the relief claimed by the Supplier. Following the receipt of a Relief Notice, the Customer shall as soon as reasonably practicable consider the nature of the Supplier Non-Performance and the alleged Customer Cause and whether it agrees with the Supplier’s assessment set out in the Relief Notice as to the effect of the relevant Customer Cause and its entitlement to relief, consulting with the Supplier where necessary. Without prejudice to Clauses 7.7 8.6 (Continuing obligation to provide the Goods and/or Services) if a Dispute arises as to: whether a Supplier Non-Performance would not have occurred but for a Customer Cause; and/or the nature and/or extent of the relief claimed by the Supplier, either Party may refer the Dispute to the Dispute Resolution Procedure. Pending the resolution of the Dispute, both Parties shall continue to resolve the causes of, and mitigate the effects of, the Supplier Non-Performance. Any Variation that is required to the Implementation Plan or to the Call Off Contract Charges pursuant to this Clause 39 shall be implemented in accordance with the Variation Procedure.

SUPPLIER RELIEF DUE TO CUSTOMER CAUSE. If the Supplier has failed to: Achieve a Milestone by its Milestone Date; provide the Goods and/or Services in accordance with the Service Levels; comply with its obligations under this Call Off Contract, (each a “Supplier Non-Performance”), and can demonstrate that the Supplier Non-Performance would not have occurred but for a Customer Cause, then (subject to the Supplier fulfilling its obligations in Clause 16 19 (Supplier Notification of Customer Cause)): the Supplier shall not be treated as being in breach of this Call Off Contract to the extent the Supplier can demonstrate that the Supplier Non-Performance was caused by the Customer Cause; the Customer shall not be entitled to exercise any rights that may arise as a result of that Supplier Non-Performance to terminate this Call Off Contract pursuant to Clause 41 52 (Customer Termination Rights) except Clause 41.6 52.7 (Termination Without Cause); where the Supplier Non-Performance constitutes the failure to Achieve a Milestone by its Milestone Date: the Milestone Date shall be postponed by a period equal to the period of Delay that the Supplier can demonstrate was caused by the Customer Cause; if the Customer, acting reasonably, considers it appropriate, the Implementation Plan shall be amended to reflect any consequential revisions required to subsequent Milestone Dates resulting from the Customer Cause; if failure to Achieve a Milestone attracts a Delay Payment, the Supplier shall have no liability to pay any such Delay Payment associated with the Milestone to the extent that the Supplier can demonstrate that such failure was caused by the Customer Cause; and/or where the Supplier Non-Performance constitutes a Service Level Failure: the Supplier shall not be liable to accrue Service Credits; the Customer shall not be entitled to any Compensation for Critical Service Level Failure pursuant to Clause 13 16 (Critical Service Level Failure); and the Supplier shall be entitled to invoice for the Call Off Contract Charges for the provision of the relevant Goods and/or Services affected by the Customer Cause, in each case, to the extent that the Supplier can demonstrate that the Service Level Failure was caused by the Customer Cause. In order to claim any of the rights and/or relief referred to in Clause 39.150.1, the Supplier shall: comply with its obligations under Clause 16 19 (Notification of Customer Cause); and within ten (10) Working Days of becoming aware that a Customer Cause has caused, or is likely to cause, a Supplier Non-Performance, give the Customer notice (a “Relief Notice”) setting out details of: the Supplier Non-Performance; the Customer Cause and its effect on the Supplier’s ability to meet its obligations under this Call Off Contract; and the relief claimed by the Supplier. Following the receipt of a Relief Notice, the Customer shall as soon as reasonably practicable consider the nature of the Supplier Non-Performance and the alleged Customer Cause and whether it agrees with the Supplier’s assessment set out in the Relief Notice as to the effect of the relevant Customer Cause and its entitlement to relief, consulting with the Supplier where necessary. Without prejudice to Clauses 7.7 10.1.11(c) (Continuing obligation to provide the Goods and/or Services) and Error: Reference source not found (Continuing obligation to provide the Goods), if a Dispute arises as to: whether a Supplier Non-Performance would not have occurred but for a Customer Cause; and/or the nature and/or extent of the relief claimed by the Supplier, either Party may refer the Dispute to the Dispute Resolution Procedure. Pending the resolution of the Dispute, both Parties shall continue to resolve the causes of, and mitigate the effects of, the Supplier Non-Performance. Any Variation that is required to the Implementation Plan or to the Call Off Contract Charges pursuant to this Clause 39 50 shall be implemented in accordance with the Variation Procedure.

SUPPLIER RELIEF DUE TO CUSTOMER CAUSE. If the Supplier has failed to: Achieve a Milestone by its Milestone Date; provide the Goods and/or Services and the delivery of purchased Goods in accordance with the Service Levels; comply with its obligations under this Call Off Contract, (each a “Supplier Non-Performance”), and can demonstrate that the Supplier Non-Performance would not have occurred but for a Customer Cause, then (subject to the Supplier fulfilling its obligations in Clause 16 20 (Supplier Notification of Customer Cause)): the Supplier shall not be treated as being in breach of this Call Off Contract to the extent the Supplier can demonstrate that the Supplier Non-Performance was caused by the Customer Cause; the Customer shall not be entitled to exercise any rights that may arise as a result of that Supplier Non-Performance to terminate this Call Off Contract pursuant to Clause 41 53 (Customer Termination Rights) except Clause 41.6 53.7 (Termination Without Cause); where the Supplier Non-Performance constitutes the failure to Achieve achieve a Milestone by its Milestone Date: the Milestone Date shall be postponed by a period equal to the period of Delay that the Supplier can demonstrate was caused by the Customer Cause; if the Customer, acting reasonably, considers it appropriate, the Implementation Plan shall be amended to reflect any consequential revisions required to subsequent Milestone Dates resulting from the Customer Cause; if failure to Achieve achieve a Milestone attracts a Delay Payment, the Supplier shall have no liability to pay any such Delay Payment associated with the Milestone to the extent that the Supplier can demonstrate that such failure was caused by the Customer Cause; and/or where the Supplier Non-Performance constitutes a Service Level Failure: the Supplier shall not be liable to accrue Service Credits; the Customer shall not be entitled to any Compensation for Critical Service Level Failure pursuant to Clause 13 17 (Critical Service Level Failure); and the Supplier shall be entitled to invoice for the Call Off Contract Charges for the provision of the relevant Goods and/or Services and the delivery of purchased Goods affected by the Customer Cause, in each case, to the extent that the Supplier can demonstrate that the Service Level Failure was caused by the Customer Cause. In order to claim any of the rights and/or relief referred to in Clause 39.151.1, the Supplier shall: comply with its obligations under Clause 16 20 (Notification of Customer Cause); and within ten (10) Working Days of becoming aware that a Customer Cause has caused, or is likely to cause, a Supplier Non-Performance, give the Customer notice (a “Relief Notice”) setting out details of: the Supplier Non-Performance; the Customer Cause and its effect on the Supplier’s ability to meet its obligations under this Call Off Contract; and the relief claimed by the Supplier. Following the receipt of a Relief Notice, the Customer shall as soon as reasonably practicable consider the nature of the Supplier Non-Performance and the alleged Customer Cause and whether it agrees with the Supplier’s assessment set out in the Relief Notice as to the effect of the relevant Customer Cause and its entitlement to relief, consulting with the Supplier where necessary. Without prejudice to Clauses 7.7 10.11 (Continuing obligation to provide the Goods and/or Services) Goods), if a Dispute arises as to: whether a Supplier Non-Performance would not have occurred but for a Customer Cause; and/or the nature and/or extent of the relief claimed by the Supplier, either Party may refer the Dispute to the Dispute Resolution Procedure. Pending the resolution of the Dispute, both Parties shall continue to resolve the causes of, and mitigate the effects of, the Supplier Non-Performance. Any Variation that is required to the Implementation Plan or to the Call Off Contract Charges pursuant to this Clause 39 51 shall be implemented in accordance with the Variation Procedure.

SUPPLIER RELIEF DUE TO CUSTOMER CAUSE. If the Supplier has failed to: Achieve a Milestone by its Milestone Date; provide the Goods and/or Services in accordance with the Service Levels; comply with its obligations under this Call Off Contract, (each a “Supplier Non-Performance”), and can demonstrate that the Supplier Non-Performance would not have occurred but for a Customer Cause, then (subject to the Supplier fulfilling its obligations in Clause 16 17 (Supplier Notification of Customer Cause)): the Supplier shall not be treated as being in breach of this Call Off Contract to the extent the Supplier can demonstrate that the Supplier Non-Performance was caused by the Customer Cause; the Customer shall not be entitled to exercise any rights that may arise as a result of that Supplier Non-Performance to terminate this Call Off Contract pursuant to Clause 41 (Customer Termination Rights) except Clause 41.6 41.3 (Termination Without Cause); where the Supplier Non-Performance constitutes the failure to Achieve a Milestone by its Milestone Date: the Milestone Date shall be postponed by a period equal to the period of Delay that the Supplier can demonstrate was caused by the Customer Cause; if the Customer, acting reasonably, considers it appropriate, the Implementation Plan shall be amended to reflect any consequential revisions required to subsequent Milestone Dates resulting from the Customer Cause; if failure to Achieve a Milestone attracts a Delay Payment, the Supplier shall have no liability to pay any such Delay Payment associated with the Milestone to the extent that the Supplier can demonstrate that such failure was caused by the Customer Cause; and/or where the Supplier Non-Performance constitutes a Service Level Failure: the Supplier shall not be liable to accrue Service Credits; the Customer shall not be entitled to any Compensation for Critical Service Level Failure pursuant to Clause 13 14 (Critical Service Level Failure); and the Supplier shall be entitled to invoice for the Call Off Contract Charges for the provision of the relevant Goods and/or Services affected by the Customer Cause, in each case, to the extent that the Supplier can demonstrate that the Service Level Failure was caused by the Customer Cause. In order to claim any of the rights and/or relief referred to in Clause 39.1, the Supplier shall: comply with its obligations under Clause 16 17 (Notification of Customer Cause); and within ten (10) Working Days of becoming aware that a Customer Cause has caused, or is likely to cause, a Supplier Non-Performance, give the Customer notice (a “Relief Notice”) setting out details of: the Supplier Non-Performance; the Customer Cause and its effect on the Supplier’s ability to meet its obligations under this Call Off Contract; and the relief claimed by the Supplier. Following the receipt of a Relief Notice, the Customer shall as soon as reasonably practicable consider the nature of the Supplier Non-Performance and the alleged Customer Cause and whether it agrees with the Supplier’s assessment set out in the Relief Notice as to the effect of the relevant Customer Cause and its entitlement to relief, consulting with the Supplier where necessary. Without prejudice to Clauses 7.7 8.5 (Continuing obligation to provide the Goods and/or Services) and 9.10 (Continuing obligation to provide the Goods), if a Dispute arises as to: whether a Supplier Non-Performance would not have occurred but for a Customer Cause; and/or the nature and/or extent of the relief claimed by the Supplier, either Party may refer the Dispute to the Dispute Resolution Procedure. Pending the resolution of the Dispute, both Parties shall continue to resolve the causes of, and mitigate the effects of, the Supplier Non-Performance. Any Variation that is required to the Implementation Plan or to the Call Off Contract Charges pursuant to this Clause 39 shall be implemented in accordance with the Variation Procedure.

SUPPLIER RELIEF DUE TO CUSTOMER CAUSE. If the Supplier has failed to: Achieve a Milestone by its Milestone Date; provide the Goods and/or Services in accordance with the Service Levels; comply with its obligations under this Call Off Contract, (each a “Supplier Non-Performance”), and can demonstrate that the Supplier Non-Performance would not have occurred but for a Customer Cause, then (subject to the Supplier fulfilling its obligations in Clause 16 20 (Supplier Notification of Customer Cause)): the Supplier shall not be treated as being in breach of this Call Off Contract to the extent the Supplier can demonstrate that the Supplier Non-Performance was caused by the Customer Cause; the Customer shall not be entitled to exercise any rights that may arise as a result of that Supplier Non-Performance to terminate this Call Off Contract pursuant to Clause 41 50 (Customer Termination Rights) except Clause 41.6 50.7 (Termination Without Cause); where the Supplier Non-Performance constitutes the failure to Achieve a Milestone by its Milestone Date: the Milestone Date shall be postponed by a period equal to the period of Delay that the Supplier can demonstrate was caused by the Customer Cause; if the Customer, acting reasonably, considers it appropriate, the Implementation Plan shall be amended to reflect any consequential revisions required to subsequent Milestone Dates resulting from the Customer Cause; if failure to Achieve a Milestone attracts a Delay Payment, the Supplier shall have no liability to pay any such Delay Payment associated with the Milestone to the extent that the Supplier can demonstrate that such failure was caused by the Customer Cause; and/or where the Supplier Non-Performance constitutes a Service Level Failure: the Supplier shall not be liable to accrue Service Credits; the Customer shall not be entitled to any Compensation for Critical Service Level Failure pursuant to Clause 13 17 (Critical Service Level Failure); and the Supplier shall be entitled to invoice for the Call Off Contract Charges for the provision of the relevant Goods and/or Services affected by the Customer Cause, in each case, to the extent that the Supplier can demonstrate that the Service Level Failure was caused by the Customer Cause. In order to claim any of the rights and/or relief referred to in Clause 39.148.1, the Supplier shall: comply with its obligations under Clause 16 20 (Notification of Customer Cause); and within ten (10) Working Days of becoming aware that a Customer Cause has caused, or is likely to cause, a Supplier Non-Performance, give the Customer notice (a “Relief Notice”) setting out details of: the Supplier Non-Performance; the Customer Cause and its effect on the Supplier’s ability to meet its obligations under this Call Off Contract; and the relief claimed by the Supplier. Following the receipt of a Relief Notice, the Customer shall as soon as reasonably practicable consider the nature of the Supplier Non-Performance and the alleged Customer Cause and whether it agrees with the Supplier’s assessment set out in the Relief Notice as to the effect of the relevant Customer Cause and its entitlement to relief, consulting with the Supplier where necessary. Without prejudice to Clauses 7.7 10.2.2(c) (Continuing obligation to provide the Goods and/or Services) and 12.10 (Continuing obligation to provide the Goods), if a Dispute arises as to: whether a Supplier Non-Performance would not have occurred but for a Customer Cause; and/or the nature and/or extent of the relief claimed by the Supplier, either Party may refer the Dispute to the Dispute Resolution Procedure. Pending the resolution of the Dispute, both Parties shall continue to resolve the causes of, and mitigate the effects of, the Supplier Non-Performance. Any Variation that is required to the Implementation Plan or to the Call Off Contract Charges pursuant to this Clause 39 48 shall be implemented in accordance with the Variation Procedure.

SUPPLIER RELIEF DUE TO CUSTOMER CAUSE. If the Supplier has failed to: Achieve a Milestone by its Milestone Date; provide the Goods and/or Services in accordance with the Service Levels; comply with its obligations under this Call Off Contract, (each a “Supplier Non-Performance”), and can demonstrate that the Supplier Non-Performance would not have occurred but for a Customer Cause, then (subject to the Supplier fulfilling its obligations in Clause 16 17 (Supplier Notification of Customer Cause)): the Supplier shall not be treated as being in breach of this Call Off Contract to the extent the Supplier can demonstrate that the Supplier Non-Performance was caused by the Customer Cause; the Customer shall not be entitled to exercise any rights that may arise as a result of that Supplier Non-Performance to terminate this Call Off Contract pursuant to Clause 41 (Customer Termination Rights) except Clause 41.6 41.7 (Termination Without Cause); where the Supplier Non-Performance constitutes the failure to Achieve a Milestone by its Milestone Date: the Milestone Date shall be postponed by a period equal to the period of Delay that the Supplier can demonstrate was caused by the Customer Cause; if the Customer, acting reasonably, considers it appropriate, the Implementation Plan shall be amended to reflect any consequential revisions required to subsequent Milestone Dates resulting from the Customer Cause; if failure to Achieve a Milestone attracts a Delay Payment, the Supplier shall have no liability to pay any such Delay Payment associated with the Milestone to the extent that the Supplier can demonstrate that such failure was caused by the Customer Cause; and/or where the Supplier Non-Performance constitutes a Service Level Failure: the Supplier shall not be liable to accrue Service Credits; the Customer shall not be entitled to any Compensation for Critical Service Level Failure pursuant to Clause 13 14 (Critical Service Level Failure); and the Supplier shall be entitled to invoice for the Call Off Contract Charges for the provision of the relevant Goods and/or Services affected by the Customer Cause, in each case, to the extent that the Supplier can demonstrate that the Service Level Failure was caused by the Customer Cause. In order to claim any of the rights and/or relief referred to in Clause 39.1, the Supplier shall: comply with its obligations under Clause 16 17 (Notification of Customer Cause); and within ten (10) Working Days of becoming aware that a Customer Cause has caused, or is likely to cause, a Supplier Non-Performance, give the Customer notice (a “Relief Notice”) setting out details of: the Supplier Non-Performance; the Customer Cause and its effect on the Supplier’s Suppliers ability to meet its obligations under this Call Off Contract; and the relief claimed by the Supplier. Following the receipt of a Relief Notice, the Customer shall as soon as reasonably practicable consider the nature of the Supplier Non-Performance and the alleged Customer Cause and whether it agrees with the Supplier’s assessment set out in the Relief Notice as to the effect of the relevant Customer Cause and its entitlement to relief, consulting with the Supplier where necessary. Without prejudice to Clauses 7.7 8.6 (Continuing obligation to provide the Goods and/or Services) ), if a Dispute arises as to: whether a Supplier Non-Performance would not have occurred but for a Customer Cause; and/or the nature and/or extent of the relief claimed by the Supplier, either Party may refer the Dispute to the Dispute Resolution Procedure. Pending the resolution of the Dispute, both Parties shall continue to resolve the causes of, and mitigate the effects of, the Supplier Non-Performance. Any Variation that is required to the Implementation Plan or to the Call Off Contract Charges pursuant to this Clause 39 shall be implemented in accordance with the Variation Procedure.

SUPPLIER RELIEF DUE TO CUSTOMER CAUSE. If the Supplier has failed to: Achieve a Milestone by its Milestone Date; provide the Goods and/or and Services in accordance with the Service Levels; comply with its obligations under this Call Off Contract, (each a “Supplier Non-Performance”), and can demonstrate that the Supplier Non-Performance would not have occurred but for a Customer Cause, then (subject to the Supplier fulfilling its obligations in Clause 16 17 (Supplier Notification of Customer Cause)): the Supplier shall not be treated as being in breach of this Call Off Contract to the extent the Supplier can demonstrate that the Supplier Non-Performance was caused by the Customer Cause; the Customer shall not be entitled to exercise any rights that may arise as a result of that Supplier Non-Performance to terminate this Call Off Contract pursuant to Clause 41 (Customer Termination Rights) except Clause 41.6 41.7 (Termination Without Cause); where the Supplier Non-Performance constitutes the failure to Achieve a Milestone by its Milestone Date: the Milestone Date shall be postponed by a period equal to the period of Delay that the Supplier can demonstrate was caused by the Customer Cause; if the Customer, acting reasonably, considers it appropriate, the Implementation Plan shall be amended to reflect any consequential revisions required to subsequent Milestone Dates resulting from the Customer Cause; if failure to Achieve a Milestone attracts a Delay Payment, the Supplier shall have no liability to pay any such Delay Payment associated with the Milestone to the extent that the Supplier can demonstrate that such failure was caused by the Customer Cause; and/or where the Supplier Non-Performance constitutes a Service Level Failure: the Supplier shall not be liable to accrue Service Credits; the Customer shall not be entitled to any Compensation for Critical Service Level Failure pursuant to Clause 13 14 (Critical Service Level Failure); and the Supplier shall be entitled to invoice for the Call Off Contract Charges for the provision of the relevant Goods and/or and Services affected by the Customer Cause, in each case, to the extent that the Supplier can demonstrate that the Service Level Failure was caused by the Customer Cause. In order to claim any of the rights and/or relief referred to in Clause 39.1, the Supplier shall: comply with its obligations under Clause 16 17 (Supplier Notification of Customer Cause); and within ten (10) Working Days of becoming aware that a Customer Cause has caused, or is likely to cause, a Supplier Non-Performance, give the Customer notice (a “Relief Notice”) setting out details of: the Supplier Non-Performance; the Customer Cause and its effect on the Supplier’s ability to meet its obligations under this Call Off Contract; and the relief claimed by the Supplier. Following the receipt of a Relief Notice, the Customer shall as soon as reasonably practicable consider the nature of the Supplier Non-Performance and the alleged Customer Cause and whether it agrees with the Supplier’s assessment set out in the Relief Notice as to the effect of the relevant Customer Cause and its entitlement to relief, consulting with the Supplier where necessary. Without prejudice to Clauses 7.7 8.6 (Continuing obligation to provide the Goods and/or Services) and 9.11 (Continuing obligation to provide the Goods), if a Dispute arises as to: whether a Supplier Non-Performance would not have occurred but for a Customer Cause; and/or the nature and/or extent of the relief claimed by the Supplier, either Party may refer the Dispute to the Dispute Resolution Procedure. Pending the resolution of the Dispute, both Parties shall continue to resolve the causes of, and mitigate the effects of, the Supplier Non-Performance. Any Variation that is required to the Implementation Plan or to the Call Off Contract Charges pursuant to this Clause 39 shall be implemented in accordance with the Variation Procedure.

SUPPLIER RELIEF DUE TO CUSTOMER CAUSE. If the Supplier has failed to: Achieve a Milestone by its Milestone Date; provide the Goods and/or Services in accordance with the Service Levels; comply with its obligations under this Call Off ContractLease Agreement, (each a “Supplier Non-Performance”), and can demonstrate that the Supplier Non-Performance would not have occurred but for a Customer Cause, then (subject to the Supplier fulfilling its obligations in Clause 16 20 (Supplier Notification of Customer Cause)): the Supplier shall not be treated as being in breach of this Call Off Contract Lease Agreement to the extent the Supplier can demonstrate that the Supplier Non-Performance was caused by the Customer Cause; the Customer shall not be entitled to exercise any rights that may arise as a result of that Supplier Non-Performance to terminate this Call Off Contract Lease Agreement pursuant to Clause 41 50 (Customer Termination Rights) except Clause 41.6 50.7 (Termination Without Cause); where the Supplier Non-Performance constitutes the failure to Achieve a Milestone by its Milestone Date: the Milestone Date shall be postponed by a period equal to the period of Delay that the Supplier can demonstrate was caused by the Customer Cause; if the Customer, acting reasonably, considers it appropriate, the Implementation Plan shall be amended to reflect any consequential revisions required to subsequent Milestone Dates resulting from the Customer Cause; if failure to Achieve a Milestone attracts a Delay Payment, the Supplier shall have no liability to pay any such Delay Payment associated with the Milestone to the extent that the Supplier can demonstrate that such failure was caused by the Customer Cause; and/or where the Supplier Non-Performance constitutes a Service Level Failure: the Supplier shall not be liable to accrue Service Credits; the Customer shall not be entitled to any Compensation for Critical Service Level Failure pursuant to Clause 13 17 (Critical Service Level Failure); and the Supplier shall be entitled to invoice for the Call Off Contract Lease Agreement Charges for the provision of the relevant Goods and/or Services affected by the Customer Cause, in each case, to the extent that the Supplier can demonstrate that the Service Level Failure was caused by the Customer Cause. In order to claim any of the rights and/or relief referred to in Clause 39.148.1, the Supplier shall: comply with its obligations under Clause 16 20 (Notification of Customer Cause); and within ten (10) Working Days of becoming aware that a Customer Cause has caused, or is likely to cause, a Supplier Non-Performance, give the Customer notice (a “Relief Notice”) setting out details of: the Supplier Non-Performance; the Customer Cause and its effect on the Supplier’s ability to meet its obligations under this Call Off ContractLease Agreement; and the relief claimed by the Supplier. Following the receipt of a Relief Notice, the Customer shall as soon as reasonably practicable consider the nature of the Supplier Non-Performance and the alleged Customer Cause and whether it agrees with the Supplier’s assessment set out in the Relief Notice as to the effect of the relevant Customer Cause and its entitlement to relief, consulting with the Supplier where necessary. Without prejudice to Clauses 7.7 10.2.2(c) (Continuing obligation to provide the Goods and/or Services) and 12.10 (Continuing obligation to provide the Goods), if a Dispute arises as to: whether a Supplier Non-Performance would not have occurred but for a Customer Cause; and/or the nature and/or extent of the relief claimed by the Supplier, either Party may refer the Dispute to the Dispute Resolution Procedure. Pending the resolution of the Dispute, both Parties shall continue to resolve the causes of, and mitigate the effects of, the Supplier Non-Performance. Any Variation that is required to the Implementation Plan or to the Call Off Contract Lease Agreement Charges pursuant to this Clause 39 48 shall be implemented in accordance with the Variation Procedure.

SUPPLIER RELIEF DUE TO CUSTOMER CAUSE. If the Supplier has failed to: Achieve a Milestone by its Milestone Date; provide the Goods and/or Services in accordance with the Service Levels; comply with its obligations under this Call Off Contract, (each a “Supplier Non-Performance”), and can demonstrate that the Supplier Non-Performance would not have occurred but for a Customer Cause, then (subject to the Supplier fulfilling its obligations in Clause 16 18. (Supplier Notification of Customer Cause)): the Supplier shall not be treated as being in breach of this Call Off Contract to the extent the Supplier can demonstrate that the Supplier Non-Performance was caused by the Customer Cause; the Customer shall not be entitled to exercise any rights that may arise as a result of that Supplier Non-Performance to terminate this Call Off Contract pursuant to Clause 41 42. (Customer Termination Rights) except Clause 41.6 42.7 (Termination Without Cause); where the Supplier Non-Performance constitutes the failure to Achieve a Milestone by its Milestone Date: the Milestone Date shall be postponed by a period equal to the period of Delay that the Supplier can demonstrate was caused by the Customer Cause; if the Customer, acting reasonably, considers it appropriate, the Implementation Plan shall be amended to reflect any consequential revisions required to subsequent Milestone Dates resulting from the Customer Cause; if failure to Achieve a Milestone attracts a Delay Payment, the Supplier shall have no liability to pay any such Delay Payment associated with the Milestone to the extent that the Supplier can demonstrate that such failure was caused by the Customer Cause; and/or where the Supplier Non-Performance constitutes a Service Level Failure: the Supplier shall not be liable to accrue Service Credits; the Customer shall not be entitled to any Compensation for Critical Service Level Failure pursuant to Clause 13 15. (Critical Service Level Failure); and the Supplier shall be entitled to invoice for the Call Off Contract Charges for the provision of the relevant Goods and/or Services affected by the Customer Cause, in each case, to the extent that the Supplier can demonstrate that the Service Level Failure was caused by the Customer Cause. In order to claim any of the rights and/or relief referred to in Clause 39.140.1, the Supplier shall: comply with its obligations under Clause 16 18. (Notification of Customer Cause); and within ten (10) Working Days of becoming aware that a Customer Cause has caused, or is likely to cause, a Supplier Non-Performance, give the Customer notice (a “Relief Notice”) setting out details of: the Supplier Non-Performance; the Customer Cause and its effect on the Supplier’s ability to meet its obligations under this Call Off Contract; and the relief claimed by the Supplier. Following the receipt of a Relief Notice, the Customer shall as soon as reasonably practicable consider the nature of the Supplier Non-Performance and the alleged Customer Cause and whether it agrees with the Supplier’s assessment set out in the Relief Notice as to the effect of the relevant Customer Cause and its entitlement to relief, consulting with the Supplier where necessary. Without prejudice to Clauses 7.7 Clause 8.5 (Continuing obligation to provide the Goods and/or Services) ), if a Dispute arises as to: whether a Supplier Non-Performance would not have occurred but for a Customer Cause; and/or the nature and/or extent of the relief claimed by the Supplier, either Party may refer the Dispute to the Dispute Resolution Procedure. Pending the resolution of the Dispute, both Parties shall continue to resolve the causes of, and mitigate the effects of, the Supplier Non-Performance. Any Variation that is required to the Implementation Plan or to the Call Off Contract Charges pursuant to this Clause 39 40. shall be implemented in accordance with the Variation Procedure.

SUPPLIER RELIEF DUE TO CUSTOMER CAUSE. If the Supplier has failed to: Achieve a Milestone by its Milestone Date; provide the Goods and/or Services in accordance with the Service Levels; comply with its obligations under this Call Off Contract, (each a “Supplier Non-Performance”), and can demonstrate that the Supplier Non-Performance would not have occurred but for a Customer Cause, then (subject to the Supplier fulfilling its obligations in Clause 16 20 (Supplier Notification of Customer Cause)): the Supplier shall not be treated as being in breach of this Call Off Contract to the extent the Supplier can demonstrate that the Supplier Non-Performance was caused by the Customer Cause; the Customer shall not be entitled to exercise any rights that may arise as a result of that Supplier Non-Performance to terminate this Call Off Contract pursuant to Clause 41 56 (Customer Termination Rights) except Clause 41.6 56.7 (Termination Without Cause); where the Supplier Non-Performance constitutes the failure to Achieve a Milestone by its Milestone Date: the Milestone Date shall be postponed by a period equal to the period of Delay that the Supplier can demonstrate was caused by the Customer Cause; if the Customer, acting reasonably, considers it appropriate, the Implementation Plan shall be amended to reflect any consequential revisions required to subsequent Milestone Dates resulting from the Customer Cause; if failure to Achieve a Milestone attracts a Delay Payment, the Supplier shall have no liability to pay any such Delay Payment associated with the Milestone to the extent that the Supplier can demonstrate that such failure was caused by the Customer Cause; and/or where the Supplier Non-Performance constitutes a Service Level Failure: the Supplier shall not be liable to accrue Service Credits; the Customer shall not be entitled to any Compensation for Critical Service Level Failure pursuant to Clause 13 17 (Critical Service Level Failure); and the Supplier shall be entitled to invoice for the Call Off Contract Charges for the provision of the relevant Goods and/or Services affected by the Customer Cause, in each case, to the extent that the Supplier can demonstrate that the Service Level Failure was caused by the Customer Cause. In order to claim any of the rights and/or relief referred to in Clause 39.154.1, the Supplier shall: comply with its obligations under Clause 16 20 (Notification of Customer Cause); and within ten (10) Working Days of becoming aware that a Customer Cause has caused, or is likely to cause, a Supplier Non-Performance, give the Customer notice (a “Relief Notice”) setting out details of: the Supplier Non-Performance; the Customer Cause and its effect on the Supplier’s ability to meet its obligations under this Call Off Contract; and the relief claimed by the Supplier. Following the receipt of a Relief Notice, the Customer shall as soon as reasonably practicable consider the nature of the Supplier Non-Performance and the alleged Customer Cause and whether it agrees with the Supplier’s assessment set out in the Relief Notice as to the effect of the relevant Customer Cause and its entitlement to relief, consulting with the Supplier where necessary. Without prejudice to Clauses 7.7 10.1.11(c) (Continuing obligation to provide the Goods and/or Services) and 12.10 (Continuing obligation to provide the Goods), if a Dispute arises as to: whether a Supplier Non-Performance would not have occurred but for a Customer Cause; and/or the nature and/or extent of the relief claimed by the Supplier, either Party may refer the Dispute to the Dispute Resolution Procedure. Pending the resolution of the Dispute, both Parties shall continue to resolve the causes of, and mitigate the effects of, the Supplier Non-Performance. Any Variation that is required to the Implementation Plan or to the Call Off Contract Charges pursuant to this Clause 39 54 shall be implemented in accordance with the Variation Procedure.

SUPPLIER RELIEF DUE TO CUSTOMER CAUSE. If the Supplier has failed to: Achieve a Milestone by its Milestone Date; provide the Goods and/or Services in accordance with the Service Levels; comply with its obligations under this Call Off Contract, (each a “Supplier Non-Performance”), and can demonstrate that the Supplier Non-Performance would not have occurred but for a Customer Cause, then (subject to the Supplier fulfilling its obligations in Clause 16 20 (Supplier Notification of Customer Cause)): the Supplier shall not be treated as being in breach of this Call Off Contract to the extent the Supplier can demonstrate that the Supplier Non-Performance was caused by the Customer Cause; the Customer shall not be entitled to exercise any rights that may arise as a result of that Supplier Non-Performance to terminate this Call Off Contract pursuant to Clause 41 54 (Customer Termination Rights) except Clause 41.6 54.7 (Termination Without Cause); where the Supplier Non-Performance constitutes the failure to Achieve a Milestone by its Milestone Date: the Milestone Date shall be postponed by a period equal to the period of Delay that the Supplier can demonstrate was caused by the Customer Cause; if the Customer, acting reasonably, considers it appropriate, the Implementation Plan shall be amended to reflect any consequential revisions required to subsequent Milestone Dates resulting from the Customer Cause; if failure to Achieve a Milestone attracts a Delay Payment, the Supplier shall have no liability to pay any such Delay Payment associated with the Milestone to the extent that the Supplier can demonstrate that such failure was caused by the Customer Cause; and/or where the Supplier Non-Performance constitutes a Service Level Failure: the Supplier shall not be liable to accrue Service Credits; the Customer shall not be entitled to any Compensation for Critical Service Level Failure pursuant to Clause 13 17 (Critical Service Level Failure); and the Supplier shall be entitled to invoice for the Call Off Contract Charges for the provision of the relevant Goods and/or Services affected by the Customer Cause, in each case, to the extent that the Supplier can demonstrate that the Service Level Failure was caused by the Customer Cause. In order to claim any of the rights and/or relief referred to in Clause 39.152.1, the Supplier shall: comply with its obligations under Clause 16 20 (Notification of Customer Cause); and within ten (10) Working Days of becoming aware that a Customer Cause has caused, or is likely to cause, a Supplier Non-Performance, give the Customer notice (a “Relief Notice”) setting out details of: the Supplier Non-Performance; the Customer Cause and its effect on the Supplier’s ability to meet its obligations under this Call Off Contract; and the relief claimed by the Supplier. Following the receipt of a Relief Notice, the Customer shall as soon as reasonably practicable consider the nature of the Supplier Non-Performance and the alleged Customer Cause and whether it agrees with the Supplier’s assessment set out in the Relief Notice as to the effect of the relevant Customer Cause and its entitlement to relief, consulting with the Supplier where necessary. Without prejudice to Clauses 7.7 10.1.11(c) (Continuing obligation to provide the Goods and/or Services) and 12.10 (Continuing obligation to provide the Goods), if a Dispute arises as to: whether a Supplier Non-Performance would not have occurred but for a Customer Cause; and/or the nature and/or extent of the relief claimed by the Supplier, either Party may refer the Dispute to the Dispute Resolution Procedure. Pending the resolution of the Dispute, both Parties shall continue to resolve the causes of, and mitigate the effects of, the Supplier Non-Performance. Any Variation that is required to the Implementation Plan or to the Call Off Contract Charges pursuant to this Clause 39 52 shall be implemented in accordance with the Variation Procedure.

SUPPLIER RELIEF DUE TO CUSTOMER CAUSE. If the Supplier has failed to: Achieve a Milestone by its Milestone Date; provide the Goods and/or Services in accordance with the Service Levels; comply with its obligations under this Call Call-Off Contract, (each a “Supplier Non-Performance”), and can demonstrate that the Supplier Non-Performance would not have occurred but for a Customer Cause, then (subject to the Supplier fulfilling its obligations in Clause 16 14 (Supplier Notification of Customer Cause)): the Supplier shall not be treated as being in breach of this Call Call-Off Contract to the extent the Supplier can demonstrate that the Supplier Non-Performance was caused by the Customer Cause; the Customer shall not be entitled to exercise any rights that may arise as a result of that Supplier Non-Performance to terminate this Call Call-Off Contract pursuant to Clause 41 38 (Customer Termination Rights) except Clause 41.6 38.7 (Termination Without Cause); where the Supplier Non-Performance constitutes the failure to Achieve a Milestone by its Milestone Date: the Milestone Date shall be postponed by a period equal to the period of Delay that the Supplier can demonstrate was caused by the Customer Cause; if the Customer, acting reasonably, considers it appropriate, the Implementation Plan shall be amended to reflect any consequential revisions required to subsequent Milestone Dates resulting from the Customer Cause; if failure to Achieve a Milestone attracts a Delay Payment, the Supplier shall have no liability to pay any such Delay Payment associated with the Milestone to the extent that the Supplier can demonstrate that such failure was caused by the Customer Cause; and/or where the Supplier Non-Performance constitutes a Service Level Failure: the Supplier shall not be liable to accrue Service Credits; the Customer shall not be entitled to any Compensation for Critical Service Level Failure pursuant to Clause 13 11 (Critical Service Level Failure); and the Supplier shall be entitled to invoice for the Call Call-Off Contract Charges for the provision of the relevant Goods and/or Services affected by the Customer Cause, in each case, to the extent that the Supplier can demonstrate that the Service Level Failure was caused by the Customer Cause. In order to claim any of the rights and/or relief referred to in Clause 39.1, 36.1 the Supplier shall: comply with its obligations under Clause 16 14 (Notification of Customer Cause); and within ten (10) Working Days of becoming aware that a Customer Cause has caused, or is likely to cause, a Supplier Non-Performance, give the Customer notice (a “Relief Notice”) setting out details of: the Supplier Non-Performance; the Customer Cause and its effect on the Supplier’s ability to meet its obligations under this Call Call-Off Contract; and the relief claimed by the Supplier. Following the receipt of a Relief Notice, the Customer shall as soon as reasonably practicable consider the nature of the Supplier Non-Performance and the alleged Customer Cause and whether it agrees with the Supplier’s assessment set out in the Relief Notice as to the effect of the relevant Customer Cause and its entitlement to relief, consulting with the Supplier where necessary. Without prejudice to Clauses 7.7 8.1.15(c) (Continuing obligation to provide the Goods and/or Services) if a Dispute arises as to: whether a Supplier Non-Performance would not have occurred but for a Customer Cause; and/or the nature and/or extent of the relief claimed by the Supplier, either Party may refer the Dispute to the Dispute Resolution Procedure. Pending the resolution of the Dispute, both Parties shall continue to resolve the causes of, and mitigate the effects of, the Supplier Non-Performance. Any Variation that is required to the Implementation Plan or to the Call Call-Off Contract Charges pursuant to this Clause 39 36 shall be implemented in accordance with the Variation Procedure.

SUPPLIER RELIEF DUE TO CUSTOMER CAUSE. If the Supplier has failed to: Achieve a Milestone by its Milestone Date; provide the Goods and/or Services in accordance with the Service Levels; comply with its obligations under this Call Off Contract, (each a “Supplier Non-Performance”), and can demonstrate that the Supplier Non-Performance would not have occurred but for a Customer Cause, then (subject to the Supplier fulfilling its obligations in Clause 16 19 (Supplier Notification of Customer Cause)): the Supplier shall not be treated as being in breach of this Call Off Contract to the extent the Supplier can demonstrate that the Supplier Non-Performance was caused by the Customer Cause; the Customer shall not be entitled to exercise any rights that may arise as a result of that Supplier Non-Performance to terminate this Call Off Contract pursuant to Clause 41 43 (Customer Termination Rights) except Clause 41.6 43.7 (Termination Without Cause); where the Supplier Non-Performance constitutes the failure to Achieve a Milestone by its Milestone Date: the Milestone Date shall be postponed by a period equal to the period of Delay that the Supplier can demonstrate was caused by the Customer Cause; if the Customer, acting reasonably, considers it appropriate, the Implementation Plan shall be amended to reflect any consequential revisions required to subsequent Milestone Dates resulting from the Customer Cause; if failure to Achieve a Milestone attracts a Delay Payment, the Supplier shall have no liability to pay any such Delay Payment associated with the Milestone to the extent that the Supplier can demonstrate that such failure was caused by the Customer Cause; and/or where the Supplier Non-Performance constitutes a Service Level Failure: the Supplier shall not be liable to accrue Service Credits; the Customer shall not be entitled to any Compensation for Critical Service Level Failure pursuant to Clause 13 16 (Critical Service Level Failure); and the Supplier shall be entitled to invoice for the Call Off Contract Charges for the provision of the relevant Goods and/or Services affected by the Customer Cause, in each case, to the extent that the Supplier can demonstrate that the Service Level Failure was caused by the Customer Cause. In order to claim any of the rights and/or relief referred to in Clause 39.141.1, the Supplier shall: comply with its obligations under Clause 16 19 (Notification of Customer Cause); and within ten (10) Working Days of becoming aware that a Customer Cause has caused, or is likely to cause, a Supplier Non-Performance, give the Customer notice (a “Relief Notice”) setting out details of: the Supplier Non-Performance; the Customer Cause and its effect on the Supplier’s ability to meet its obligations under this Call Off Contract; and the relief claimed by the Supplier. Following the receipt of a Relief Notice, the Customer shall as soon as reasonably practicable consider the nature of the Supplier Non-Performance and the alleged Customer Cause and whether it agrees with the Supplier’s assessment set out in the Relief Notice as to the effect of the relevant Customer Cause and its entitlement to relief, consulting with the Supplier where necessary. Without prejudice to Clauses 7.7 9.6 (Continuing obligation to provide the Goods and/or Services) and 10.12 (Continuing obligation to provide the Goods), if a Dispute arises as to: whether a Supplier Non-Performance would not have occurred but for a Customer Cause; and/or the nature and/or extent of the relief claimed by the Supplier, either Party may refer the Dispute to the Dispute Resolution Procedure. Pending the resolution of the Dispute, both Parties shall continue to resolve the causes of, and mitigate the effects of, the Supplier Non-Performance. Any Variation that is required to the Implementation Plan or to the Call Off Contract Charges pursuant to this Clause 39 41 shall be implemented in accordance with the Variation Procedure.

SUPPLIER RELIEF DUE TO CUSTOMER CAUSE. If the Supplier has failed to: Achieve a Milestone by its Milestone Date; provide the Goods and/or Services in accordance with the Service LevelsServices; comply with its obligations under this Call Off Contract, (each a “Supplier Non-Performance”), and can demonstrate that the Supplier Non-Performance would not have occurred but for a Customer Cause, then (subject to the Supplier fulfilling its obligations in Clause 16 10 (Supplier Notification of Customer Cause)): the Supplier shall not be treated as being in breach of this Call Off Contract to the extent the Supplier can demonstrate that the Supplier Non-Performance was caused by the Customer Cause; the Customer shall not be entitled to exercise any rights that may arise as a result of that Supplier Non-Performance to terminate this Call Off Contract pursuant to Clause 41 31 (Customer Termination Rights) except Clause 41.6 31.5 (Termination Without Cause); where the Supplier Non-Performance constitutes the failure to Achieve a Milestone by its Milestone Date: the Milestone Date shall be postponed by a period equal to the period of Delay that the Supplier can demonstrate was caused by the Customer Cause; if the Customer, acting reasonably, considers it appropriate, the Implementation Plan shall be amended to reflect any consequential revisions required to subsequent Milestone Dates resulting from the Customer Cause; if failure to Achieve a Milestone attracts a Delay Payment, the Supplier shall have no liability to pay any such Delay Payment associated with the Milestone to the extent that the Supplier can demonstrate that such failure was caused by the Customer Cause; and/or where the Supplier Non-Performance constitutes a Service Level Failure: the Supplier shall not be liable to accrue Service Credits; the Customer shall not be entitled to any Compensation for Critical Service Level Failure pursuant to Clause 13 (Critical Service Level Failure); and the Supplier shall be entitled to invoice for the Call Off Contract Charges for the provision of the relevant Goods and/or Services affected by the Customer Cause, in each case, to the extent that the Supplier can demonstrate that the Service Level Failure was caused by the Customer Cause. In order to claim any of the rights and/or relief referred to in Clause 39.129.1, the Supplier shall: comply with its obligations under Clause 16 10 (Notification of Customer Cause); and within ten (10) Working Days of becoming aware that a Customer Cause has caused, or is likely to cause, a Supplier Non-Performance, give the Customer notice (a “Relief Notice”) setting out details of: the Supplier Non-Performance; the Customer Cause and its effect on the Supplier’s ability to meet its obligations under this Call Off Contract; and the relief claimed by the Supplier. Following the receipt of a Relief Notice, the Customer shall as soon as reasonably practicable consider the nature of the Supplier Non-Performance and the alleged Customer Cause and whether it agrees with the Supplier’s assessment set out in the Relief Notice as to the effect of the relevant Customer Cause and its entitlement to relief, consulting with the Supplier where necessary. Without prejudice to Clauses 7.7 7.4 (Continuing obligation to provide the Goods and/or Services) ), if a Dispute arises as to: whether a Supplier Non-Performance would not have occurred but for a Customer Cause; and/or the nature and/or extent of the relief claimed by the Supplier, either Party may refer the Dispute to the Dispute Resolution Procedure. Pending the resolution of the Dispute, both Parties shall continue to resolve the causes of, and mitigate the effects of, the Supplier Non-Performance. Any Variation that is required to the Implementation Plan or to the Call Off Contract Charges pursuant to this Clause 39 29 shall be implemented in accordance with the Variation Procedure.

SUPPLIER RELIEF DUE TO CUSTOMER CAUSE. If the Supplier has failed to: Achieve a Milestone by its Milestone Date; provide the Goods and/or Services in accordance with the Service Levels; comply with its obligations under this Call Off Contract, (each a “Supplier Non-Performance”), and can demonstrate that the Supplier Non-Performance would not have occurred but for a Customer Cause, then (subject to the Supplier fulfilling its obligations in Clause 16 17. (Supplier Notification of Customer Cause)): the Supplier shall not be treated as being in breach of this Call Off Contract to the extent the Supplier can demonstrate that the Supplier Non-Performance was caused by the Customer Cause; the Customer shall not be entitled to exercise any rights that may arise as a result of that Supplier Non-Performance to terminate this Call Off Contract pursuant to Clause 41 41. (Customer Termination Rights) except Clause 41.6 41.7 (Termination Without Cause); where the Supplier Non-Performance constitutes the failure to Achieve a Milestone by its Milestone Date: the Milestone Date shall be postponed by a period equal to the period of Delay that the Supplier can demonstrate was caused by the Customer Cause; if the Customer, acting reasonably, considers it appropriate, the Implementation Plan shall be amended to reflect any consequential revisions required to subsequent Milestone Dates resulting from the Customer Cause; if failure to Achieve a Milestone attracts a Delay Payment, the Supplier shall have no liability to pay any such Delay Payment associated with the Milestone to the extent that the Supplier can demonstrate that such failure was caused by the Customer Cause; and/or where the Supplier Non-Performance constitutes a Service Level Failure: the Supplier shall not be liable to accrue Service Credits; the Customer shall not be entitled to any Compensation for Critical Service Level Failure pursuant to Clause 13 14. (Critical Service Level Failure); and the Supplier shall be entitled to invoice for the Call Off Contract Charges for the provision of the relevant Goods and/or Services affected by the Customer Cause, in each case, to the extent that the Supplier can demonstrate that the Service Level Failure was caused by the Customer Cause. In order to claim any of the rights and/or relief referred to in Clause 39.1, the Supplier shall: comply with its obligations under Clause 16 17. (Notification of Customer Cause); and within ten (10) Working Days of becoming aware that a Customer Cause has caused, or is likely to cause, a Supplier Non-Performance, give the Customer notice (a “Relief Notice”) setting out details of: the Supplier Non-Performance; the Customer Cause and its effect on the Supplier’s ability to meet its obligations under this Call Off Contract; and the relief claimed by the Supplier. Following the receipt of a Relief Notice, the Customer shall as soon as reasonably practicable consider the nature of the Supplier Non-Performance and the alleged Customer Cause and whether it agrees with the Supplier’s assessment set out in the Relief Notice as to the effect of the relevant Customer Cause and its entitlement to relief, consulting with the Supplier where necessary. Without prejudice to Clauses 7.7 8.6 (Continuing obligation to provide the Goods and/or Services) and 9.11 (Continuing obligation to provide the Goods), if a Dispute arises as to: whether a Supplier Non-Performance would not have occurred but for a Customer Cause; and/or the nature and/or extent of the relief claimed by the Supplier, either Party may refer the Dispute to the Dispute Resolution Procedure. Pending the resolution of the Dispute, both Parties shall continue to resolve the causes of, and mitigate the effects of, the Supplier Non-Performance. Any Variation that is required to the Implementation Plan or to the Call Off Contract Charges pursuant to this Clause 39 39. shall be implemented in accordance with the Variation Procedure.

SUPPLIER RELIEF DUE TO CUSTOMER CAUSE. If the Supplier has failed to: Achieve a Milestone by its Milestone Date; provide the Goods and/or Services in accordance with the Service Levels; comply with its obligations under this Call Off Contract, (each a “Supplier Non-Performance”), and can demonstrate that the Supplier Non-Performance would not have occurred but for a Customer Cause, then (subject to the Supplier fulfilling its obligations in Clause 16 20 (Supplier Notification of Customer Cause)): the Supplier shall not be treated as being in breach of this Call Off Contract to the extent the Supplier can demonstrate that the Supplier Non-Performance was caused by the Customer Cause; the Customer shall not be entitled to exercise any rights that may arise as a result of that Supplier Non-Performance to terminate this Call Off Contract pursuant to Clause 41 51 (Customer Termination Rights) except Clause 41.6 51.7 (Termination Without Cause); where the Supplier Non-Performance constitutes the failure to Achieve a Milestone by its Milestone Date: the Milestone Date shall be postponed by a period equal to the period of Delay that the Supplier can demonstrate was caused by the Customer Cause; if the Customer, acting reasonably, considers it appropriate, the Implementation Plan shall be amended to reflect any consequential revisions required to subsequent Milestone Dates resulting from the Customer Cause; if failure to Achieve a Milestone attracts a Delay Payment, the Supplier shall have no liability to pay any such Delay Payment associated with the Milestone to the extent that the Supplier can demonstrate that such failure was caused by the Customer Cause; and/or where the Supplier Non-Performance constitutes a Service Level Failure: the Supplier shall not be liable to accrue Service Credits; the Customer shall not be entitled to any Compensation for Critical Service Level Failure pursuant to Clause 13 17 (Critical Service Level Failure); and the Supplier shall be entitled to invoice for the Call Off Contract Charges for the provision of the relevant Goods and/or Services affected by the Customer Cause, in each case, to the extent that the Supplier can demonstrate that the Service Level Failure was caused by the Customer Cause. In order to claim any of the rights and/or relief referred to in Clause 39.149.1, the Supplier shall: comply with its obligations under Clause 16 20 (Notification of Customer Cause); and within ten (10) Working Days of becoming aware that a Customer Cause has caused, or is likely to cause, a Supplier Non-Performance, give the Customer notice (a “Relief Notice”) setting out details of: the Supplier Non-Performance; the Customer Cause and its effect on the Supplier’s Suppliers ability to meet its obligations under this Call Off Contract; and the relief claimed by the Supplier. Following the receipt of a Relief Notice, the Customer shall as soon as reasonably practicable consider the nature of the Supplier Non-Performance and the alleged Customer Cause and whether it agrees with the Supplier’s Suppliers assessment set out in the Relief Notice as to the effect of the relevant Customer Cause and its entitlement to relief, consulting with the Supplier where necessary. Without prejudice to Clauses 7.7 10.1.11(c) (Continuing obligation to provide the Goods and/or Services) and 12.10 (Continuing obligation to provide the Goods), if a Dispute arises as to: whether a Supplier Non-Performance would not have occurred but for a Customer Cause; and/or the nature and/or extent of the relief claimed by the Supplier, either Party may refer the Dispute to the Dispute Resolution Procedure. Pending the resolution of the Dispute, both Parties shall continue to resolve the causes of, and mitigate the effects of, the Supplier Non-Performance. Any Variation that is required to the Implementation Plan or to the Call Off Contract Charges pursuant to this Clause 39 49 shall be implemented in accordance with the Variation Procedure.

SUPPLIER RELIEF DUE TO CUSTOMER CAUSE. If the Supplier has failed to: Achieve a Milestone by its Milestone Date; provide the Goods and/or Services in accordance with the Service Levels; comply with its obligations under this Call Off Contract, (each a “Supplier Non-Performance”), and can demonstrate that the Supplier Non-Performance would not have occurred but for a Customer Cause, then (subject to the Supplier fulfilling its obligations in Clause 16 22. (Supplier Notification of Customer Cause)): the Supplier shall not be treated as being in breach of this Call Off Contract to the extent the Supplier can demonstrate that the Supplier Non-Performance was caused by the Customer Cause; the Customer shall not be entitled to exercise any rights that may arise as a result of that Supplier Non-Performance to terminate this Call Off Contract pursuant to Clause 41 46. (Customer Termination Rights) except Clause 41.6 46.7 (Termination Without Cause); where the Supplier Non-Performance constitutes the failure to Achieve a Milestone by its Milestone Date: the Milestone Date shall be postponed by a period equal to the period of Delay that the Supplier can demonstrate was caused by the Customer Cause; if the Customer, acting reasonably, considers it appropriate, the Implementation Plan shall be amended to reflect any consequential revisions required to subsequent Milestone Dates resulting from the Customer Cause; if failure to Achieve a Milestone attracts a Delay Payment, the Supplier shall have no liability to pay any such Delay Payment associated with the Milestone to the extent that the Supplier can demonstrate that such failure was caused by the Customer Cause; and/or where the Supplier Non-Performance constitutes a Service Level Failure: the Supplier shall not be liable to accrue Service Credits; the Customer shall not be entitled to any Compensation for Critical Service Level Failure pursuant to Clause 13 19. (Critical Service Level Failure); and the Supplier shall be entitled to invoice for the Call Off Contract Charges for the provision of the relevant Goods and/or Services affected by the Customer Cause, in each case, to the extent that the Supplier can demonstrate that the Service Level Failure was caused by the Customer Cause. In order to claim any of the rights and/or relief referred to in Clause 39.144.1, the Supplier shall: comply with its obligations under Clause 16 22. (Notification of Customer Cause); and within ten (10) Working Days of becoming aware that a Customer Cause has caused, or is likely to cause, a Supplier Non-Performance, give the Customer notice (a “Relief Notice”) setting out details of: the Supplier Non-Performance; the Customer Cause and its effect on the Supplier’s ability to meet its obligations under this Call Off Contract; and the relief claimed by the Supplier. Following the receipt of a Relief Notice, the Customer shall as soon as reasonably practicable consider the nature of the Supplier Non-Performance and the alleged Customer Cause and whether it agrees with the Supplier’s assessment set out in the Relief Notice as to the effect of the relevant Customer Cause and its entitlement to relief, consulting with the Supplier where necessary. Without prejudice to Clauses 7.7 (Continuing obligation to provide the Goods and/or Services) ), if a Dispute arises as to: whether a Supplier Non-Performance would not have occurred but for a Customer Cause; and/or the nature and/or extent of the relief claimed by the Supplier, either Party may refer the Dispute to the Dispute Resolution Procedure. Pending the resolution of the Dispute, both Parties shall continue to resolve the causes of, and mitigate the effects of, the Supplier Non-Performance. Any Variation that is required to the Implementation Plan or to the Call Off Contract Charges pursuant to this Clause 39 44. shall be implemented in accordance with the Variation Procedure.