Common use of Termination on Customer Cause for Failure to Pay Clause in Contracts

Termination on Customer Cause for Failure to Pay. The Supplier may, by issuing a Termination Notice to the Customer, terminate this Contract if the Customer fails to pay an undisputed sum and/or directs ESFA not to pay an undisputed sum due to the Supplier under this Contract which in aggregate exceeds an amount equal to one month’s average Contract Charges (unless a different amount has been specified in the Contract Order Form), for the purposes of this Clause 31.1 (the “Undisputed Sums Limit”), and the said undisputed sum due remains outstanding for forty (40) Working Days (the “Undisputed Sums Time Period”) after the receipt by the Customer of a written notice of non-payment from the Supplier specifying: the Customer’s failure to pay; and the correct overdue and undisputed sum; and the reasons why the undisputed sum is due; and the requirement on the Customer to remedy the failure to pay; If a Termination Notice is issued in accordance with clause 31.1 this Contract will terminate on the date specified in the Termination Notice (which shall not be less than twenty (20) Working Days from the date of the issue of the Termination Notice). Termination rights under clause 31.1 shall not apply where the failure to pay is due to the Customer exercising its right(s) of retention and/or set off. The Supplier shall not suspend the supply of the Goods and/or Services for failure of the Customer to pay undisputed sums of money (whether in whole or in part). TERMINATION BY EITHER PARTY Either Party may, by issuing a Termination Notice to the other Party, terminate this Contract in accordance with Clause 29.6a (Force Majeure).

Termination on Customer Cause for Failure to Pay. The Supplier may, by issuing a Termination Notice to the Customer, terminate this Call Off Contract if the Customer fails to pay an undisputed sum and/or directs ESFA not to pay an undisputed sum due to the Supplier under this Call Off Contract which in aggregate exceeds an the amount equal to one month’s average Contract Charges (unless a different amount has been specified stipulated in the Order Form or elsewhere in this Call Off Contract Order Form), for the purposes of this Clause 31.1 46.1.1 (the “Undisputed Sums Limit”), and the said undisputed sum due remains outstanding for forty (40) Working Days (the “Undisputed Sums Time Period”) after the receipt by the Customer of a written notice of non-payment from the Supplier specifying: the Customer’s failure to pay; and the correct overdue and undisputed sum; and the reasons why the undisputed sum is due; and the requirement on the Customer to remedy the failure to pay; If a Termination Notice is issued in accordance with clause 31.1 and this Call Off Contract will shall then terminate on the date specified in the Termination Notice (which shall not be less than twenty (20) Working Days from the date of the issue of the Termination Notice). Termination rights under clause 31.1 , save that such right of termination shall not apply where the failure to pay is due to the Customer exercising its right(s) rights under this Call Off Contract including Clause 23.3 (Retention and Set off), Paragraph 1.2.4 of retention and/or set off. the Annex to Part A and Paragraph 1.2.4 of the Annex to Part B of Call Off Schedule 11 (Staff Transfer); The Supplier shall not suspend the supply of the Goods and/or Services for failure of the Customer to pay undisputed sums of money (whether in whole or in part). TERMINATION BY EITHER PARTY Either Party may, by issuing a Termination Notice to the other Party, terminate this Contract in accordance with Clause 29.6a (Force Majeure).

Termination on Customer Cause for Failure to Pay. The Supplier may, by issuing a Termination Notice to the Customer, terminate this Call Off Contract if the Customer fails to pay an undisputed sum and/or directs ESFA not to pay an undisputed sum due to the Supplier under this Call Off Contract which in aggregate exceeds an the amount equal to one month’s average Contract Charges (unless a different amount has been specified stipulated in the Order Form or elsewhere in this Call Off Contract Order Form), for the purposes of this Clause 31.1 42.1.1 (the “Undisputed Sums Limit”), and the said undisputed sum due remains outstanding for forty (40) Working Days (the “Undisputed Sums Time Period”) after the receipt by the Customer of a written notice of non-payment from the Supplier specifying: the Customer’s failure to pay; and the correct overdue and undisputed sum; and the reasons why the undisputed sum is due; and the requirement on the Customer to remedy the failure to pay; If a Termination Notice is issued in accordance with clause 31.1 and this Call Off Contract will shall then terminate on the date specified in the Termination Notice (which shall not be less than twenty (20) Working Days from the date of the issue of the Termination Notice). Termination rights under clause 31.1 , save that such right of termination shall not apply where the failure to pay is due to the Customer exercising its right(s) of retention and/or set rights under this Call Off Contract including Clause 23.3 (Retention and Set off). The Supplier shall not suspend the supply of the Goods and/or Services for failure of the Customer to pay undisputed sums of money (whether in whole or in part). TERMINATION BY EITHER PARTY Either Party may, by issuing a Termination Notice to the other Party, terminate this Contract in accordance with Clause 29.6a (Force Majeure).

Termination on Customer Cause for Failure to Pay. The Supplier may, by issuing a Termination Notice to the Customer, terminate this Call Off Contract if the Customer fails to pay an undisputed sum and/or directs ESFA not to pay an undisputed sum due to the Supplier under this Call Off Contract which in aggregate exceeds an the amount equal to one month’s average Contract Charges (unless a different amount has been specified stipulated in the Order Form or elsewhere in this Call Off Contract Order Form), for the purposes of this Clause 31.1 43.1.1 (the “Undisputed Sums Limit”), and the said undisputed sum due remains outstanding for forty (40) Working Days (the “Undisputed Sums Time Period”) after the receipt by the Customer of a written notice of non-payment from the Supplier specifying: the Customer’s failure to pay; and the correct overdue and undisputed sum; and the reasons why the undisputed sum is due; and the requirement on the Customer to remedy the failure to pay; If a Termination Notice is issued in accordance with clause 31.1 and this Call Off Contract will shall then terminate on the date specified in the Termination Notice (which shall not be less than twenty (20) Working Days from the date of the issue of the Termination Notice). Termination rights under clause 31.1 , save that such right of termination shall not apply where the failure to pay is due to the Customer exercising its right(s) of retention and/or set rights under this Call Off Contract including Clause 24.3 (Retention and Set off). The Supplier shall not suspend the supply of the Goods and/or Services for failure of the Customer to pay undisputed sums of money (whether in whole or in part). TERMINATION BY EITHER PARTY Either Party may, by issuing a Termination Notice to the other Party, terminate this Contract in accordance with Clause 29.6a (Force Majeure).

Termination on Customer Cause for Failure to Pay. The Supplier may, by issuing a Termination Notice to the Customer, terminate this Call Off Contract if the Customer fails to pay an undisputed sum and/or directs ESFA not to pay an undisputed sum due to the Supplier under this Call Off Contract which in aggregate exceeds an amount equal to one month’s average Call Off Contract Charges (unless a different amount has been specified in the Contract Call Off Order Form), for the purposes of this Clause 31.1 42.1.1 (the “Undisputed Sums Limit”), and the said undisputed sum due remains outstanding for forty (40) Working Days (the “Undisputed Sums Time Period”) after the receipt by the Customer of a written notice of non-non- payment from the Supplier specifying: the Customer’s failure to pay; and the correct overdue and undisputed sum; and the reasons why the undisputed sum is due; and the requirement on the Customer to remedy the failure to pay; If a Termination Notice is issued in accordance with clause 31.1 and this Call Off Contract will shall then terminate on the date specified in the Termination Notice (which shall not be less than twenty (20) Working Days from the date of the issue of the Termination Notice). Termination rights under clause 31.1 , save that such right of termination shall not apply where the failure to pay is due to the Customer exercising its right(s) of retention and/or set rights under this Call Off Contract including Clause 23.3 (Retention and Set off). The Supplier shall not suspend the supply of the Goods and/or Services for failure of the Customer to pay undisputed sums of money (whether in whole or in part). TERMINATION BY EITHER PARTY Either Party may, by issuing a Termination Notice to the other Party, terminate this Contract in accordance with Clause 29.6a (Force Majeure).

Termination on Customer Cause for Failure to Pay. The Supplier may, by issuing a Termination Notice to the Customer, terminate this Call Off Contract if the Customer fails to pay an undisputed sum and/or directs ESFA not to pay an undisputed sum due to the Supplier under this Call Off Contract which in aggregate exceeds an amount equal to one month’s average Call Off Contract Charges (unless a different amount has been specified in the Contract Call Off Order Form), for the purposes of this Clause 31.1 54.1.1 (the “Undisputed Sums Limit”), and the said undisputed sum due remains outstanding for forty (40) Working Days (the “Undisputed Sums Time Period”) after the receipt by the Customer of a written notice of non-payment from the Supplier specifying: the Customer’s failure to pay; and the correct overdue and undisputed sum; and the reasons why the undisputed sum is due; and the requirement on the Customer to remedy the failure to pay; If a Termination Notice is issued in accordance with clause 31.1 and this Call Off Contract will shall then terminate on the date specified in the Termination Notice (which shall not be less than twenty (20) Working Days from the date of the issue of the Termination Notice). Termination rights under clause 31.1 , save that such right of termination shall not apply where the failure to pay is due to the Customer exercising its right(s) of retention and/or set rights under this Call Off Contract including Clause 30.1.8 (Retention and Set off). The Supplier shall not suspend the supply of the Goods and/or Services and the delivery of purchased Goods for failure of the Customer to pay undisputed sums of money (whether in whole or in part). TERMINATION BY EITHER PARTY Either Party may, by issuing a Termination Notice to the other Party, terminate this Contract in accordance with Clause 29.6a (Force Majeure).

Termination on Customer Cause for Failure to Pay. The Supplier may, by issuing a Termination Notice to the Customer, terminate this Call Off Contract if the Customer fails to pay an undisputed sum and/or directs ESFA not to pay an undisputed sum due to the Supplier under this Call Off Contract which in aggregate exceeds an amount equal to one month’s average Call Off Contract Charges (unless a different amount has been specified in the Contract Call Off Order Form), for the purposes of this Clause 31.1 42.1.1 (the “Undisputed Sums Limit”), and the said undisputed sum due remains outstanding for forty (40) Working Days (the “Undisputed Sums Time Period”) after the receipt by the Customer of a written notice of non-payment from the Supplier specifying: the Customer’s failure to pay; and the correct overdue and undisputed sum; and the reasons why the undisputed sum is due; and the requirement on the Customer to remedy the failure to pay; If a Termination Notice is issued in accordance with clause 31.1 and this Call Off Contract will shall then terminate on the date specified in the Termination Notice (which shall not be less than twenty (20) Working Days from the date of the issue of the Termination Notice). Termination rights under clause 31.1 , save that such right of termination shall not apply where the failure to pay is due to the Customer exercising its right(s) of retention and/or set rights under this Call Off Contract including Clause 23.3 (Retention and Set off). The Supplier shall not suspend the supply of the Goods and/or and Services for failure of the Customer to pay undisputed sums of money (whether in whole or in part). TERMINATION BY EITHER PARTY Either Party may, by issuing a Termination Notice to the other Party, terminate this Contract in accordance with Clause 29.6a (Force Majeure).

Termination on Customer Cause for Failure to Pay. The Supplier may, by issuing a Termination Notice to the Customer, terminate this Call Off Contract if the Customer fails to pay an undisputed sum and/or directs ESFA not to pay an undisputed sum due to the Supplier under this Call Off Contract which in aggregate exceeds an the amount equal to one month’s average Contract Charges (unless a different amount has been specified stipulated in the Letter of Appointment or elsewhere in this Call Off Contract Order Form), for the purposes of this Clause 31.1 32.1.1 (the “Undisputed Sums Limit”), and the said undisputed sum due remains outstanding for forty (40) Working Days (the “Undisputed Sums Time Period”) after the receipt by the Customer of a written notice of non-payment from the Supplier specifying: the Customer’s failure to pay; and the correct overdue and undisputed sum; and the reasons why the undisputed sum is due; and the requirement on the Customer to remedy the failure to pay; If a Termination Notice is issued in accordance with clause 31.1 and this Call Off Contract will shall then terminate on the date specified in the Termination Notice (which shall not be less than twenty (20) Working Days from the date of the issue of the Termination Notice). Termination rights under clause 31.1 , save that such right of termination shall not apply where the failure to pay is due to the Customer exercising its right(s) of retention and/or set rights under this Call Off Contract including Clause 16.3 (Retention and Set off). The Supplier shall not suspend the supply of the Goods and/or Services for failure of the Customer to pay undisputed sums of money (whether in whole or in part). TERMINATION BY EITHER PARTY Either Party may, by issuing a Termination Notice to the other Party, terminate this Contract in accordance with Clause 29.6a (Force Majeure).

Termination on Customer Cause for Failure to Pay. The Supplier may, by issuing a Termination Notice to the Customer, terminate this Call Off Contract if the Customer fails to pay an undisputed sum and/or directs ESFA not to pay an undisputed sum due to the Supplier under this Call Off Contract which in aggregate exceeds an the amount equal to one month’s average Contract Charges (unless a different amount has been specified stipulated in the Order Form or elsewhere in this Call Off Contract Order Form), for the purposes of this Clause 31.1 40.1.1 (the “Undisputed Sums Limit”), and the said undisputed sum due remains outstanding for forty (40) Working Days (the “Undisputed Sums Time Period”) after the receipt by the Customer of a written notice of non-payment from the Supplier specifying: the Customer’s failure to pay; and the correct overdue and undisputed sum; and the reasons why the undisputed sum is due; and the requirement on the Customer to remedy the failure to pay; If a Termination Notice is issued in accordance with clause 31.1 and this Call Off Contract will shall then terminate on the date specified in the Termination Notice (which shall not be less than twenty (20) Working Days from the date of the issue of the Termination Notice). Termination rights under clause 31.1 , save that such right of termination shall not apply where the failure to pay is due to the Customer exercising its right(s) of retention and/or set rights under this Call Off Contract including Clause 21.3 (Retention and Set off). The Supplier shall not suspend the supply of the Goods and/or Services for failure of the Customer to pay undisputed sums of money (whether in whole or in part). TERMINATION BY EITHER PARTY Either Party may, by issuing a Termination Notice to the other Party, terminate this Contract in accordance with Clause 29.6a (Force Majeure).

Termination on Customer Cause for Failure to Pay. The Supplier may, by issuing a Termination Notice to the Customer, terminate this Call-Off Contract if the Customer fails to pay an undisputed sum and/or directs ESFA not to pay an undisputed sum due to the Supplier under this Call-Off Contract which in aggregate exceeds an the amount equal to one month’s average Contract Charges (unless a different amount has been specified stipulated in the Order Form or elsewhere in this Call-Off Contract Order Form), for the purposes of this Clause 31.1 39.1.1 (the “Undisputed Sums Limit”), and the said undisputed sum due remains outstanding for forty (40) Working Days (the “Undisputed Sums Time Period”) after the receipt by the Customer of a written notice of non-payment from the Supplier specifying: the Customer’s failure to pay; and the correct overdue and undisputed sum; and the reasons why the undisputed sum is due; and the requirement on the Customer to remedy the failure to pay; If a Termination Notice is issued in accordance with clause 31.1 and this Call-Off Contract will shall then terminate on the date specified in the Termination Notice (which shall not be less than twenty (20) Working Days from the date of the issue of the Termination Notice). Termination rights under clause 31.1 , save that such right of termination shall not apply where the failure to pay is due to the Customer exercising its right(s) of retention and/or set rights under this Call-Off Contract including Clause 20.3 (Retention and Set off). The Supplier shall not suspend the supply of the Goods and/or Services for failure of the Customer to pay undisputed sums of money (whether in whole or in part). TERMINATION BY EITHER PARTY Either Party may, by issuing a Termination Notice to the other Party, terminate this Contract in accordance with Clause 29.6a (Force Majeure).