Common use of Termination on Default Clause in Contracts

Termination on Default. 10.2.1 The Authority may terminate the Contract by giving written notice to the Supplier with immediate effect if the Supplier commits a Default and if:- (a) the Supplier has not remedied the Default to the satisfaction of the Authority within fifteen (15) Working Days, or such other period as may be specified by the Authority, after issue of a written notice specifying the Default and requesting it to be remedied; or (b) the Default is not, in the opinion of the Authority, capable of remedy; or (c) the Default is a material breach of the Contract. 10.2.2 The Authority may terminate the Contract by giving written notice to the Supplier with immediate effect if the Supplier commits a Persistent Default. 10.2.3 In the event that through any Default of the Supplier, data transmitted or processed in connection with the Contract is either lost or sufficiently degraded as to be unusable, the Supplier shall be liable for the cost of reconstitution of that data and shall provide a full credit in respect of any charge levied for its transmission and shall reimburse the Authority for any costs charged in connection with such Default of the Supplier. 10.2.4 If the Authority fails to pay the Supplier undisputed sums of money when due, the Supplier shall notify the Authority in writing of such failure to pay. If the Authority fails to pay such undisputed sums within ninety (90) Working Days of the date of such written notice, the Supplier may terminate the Contract in writing with immediate effect, save that such right of termination shall not apply where the failure to pay is due to the Authority exercising its rights under Clauses 5.3.1 (Recovery of Sums Due).

Appears in 41 contracts

Samples: Cleaning Services Agreement, Strategic Research Contract, Service Agreement

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Termination on Default. 10.2.1 55.1 The Authority CLIENT may terminate the Contract by giving written notice to the Supplier SERVICE PROVIDER with immediate effect if the Supplier SERVICE PROVIDER commits a Default and if:- (a) 55.1.1 the Supplier SERVICE PROVIDER has not remedied the Default to the satisfaction of the Authority CLIENT within [fifteen (15) )] Working Days, or such other period as may be specified by the AuthorityCLIENT, after issue of a written notice specifying the Default and requesting it to be remedied; or (b) 55.1.2 the Default is not, in the opinion of the AuthorityCLIENT, capable of remedy; or (c) 55.1.3 the Default is a material breach of the Contract. 10.2.2 55.2 The Authority CLIENT may terminate the Contract by giving written notice to the Supplier SERVICE PROVIDER with immediate effect if the Supplier SERVICE PROVIDER commits a Persistent Default. 10.2.3 55.3 In the event that through any Default of the SupplierSERVICE PROVIDER, data transmitted or processed in connection with the Contract is either lost or sufficiently degraded as to be unusable, the Supplier SERVICE PROVIDER shall be liable for the cost of reconstitution of that data and shall provide a full credit in respect of any charge levied for its transmission and shall reimburse the Authority CLIENT for any costs charged in connection with such Default of the SupplierSERVICE PROVIDER. 10.2.4 55.4 If the Authority CLIENT fails to pay the Supplier SERVICE PROVIDER undisputed sums of money when due, the Supplier SERVICE PROVIDER shall notify the Authority CLIENT in writing of such failure to pay. If the Authority CLIENT fails to pay such undisputed sums within ninety (90) Working Days of the date of such written notice, the Supplier SERVICE PROVIDER may terminate the Contract in writing with immediate effect, save that such right of termination shall not apply where the failure to pay is due to the Authority CLIENT exercising its rights under Clauses 5.3.1 23.1 (Recovery of Sums Due). 55.5 In any situation when the CLIENT may terminate this Contract, the CLIENT may instead terminate the provision of all Services in relation to the relevant Statement of Work.

Appears in 5 contracts

Samples: Contract for Provision of Recruitment Services, Contract, Recruitment Contract

Termination on Default. 10.2.1 14.1 The Authority may terminate the Contract Agreement by giving serving written notice to on the Supplier with immediate effect if from the date specified in such notice: (a) where the Supplier commits a Default and if:-material breach and: (ai) the Supplier has not remedied the Default material breach to the satisfaction of the Authority within fifteen (15) 10 Working Days, or such other period as may be specified by the Authority, after issue of a written notice specifying the Default material breach and requesting it to be remedied; or (bii) the Default material breach is not, in the reasonable opinion of the Authority, capable of remedy; or (b) where the Authority terminates a Contract awarded to the Supplier under this Agreement as a consequence of a material breach by the Supplier; or (c) the Default Supplier repeatedly breaches any of the terms of this Agreement in such a manner as to reasonably justify the opinion that its conduct is a inconsistent with it having the intention or ability to give effect to the terms of this Agreement; (d) any warranty given by the Supplier in clause 7 of this Agreement is found to be untrue or misleading; or (e) if any of the provisions of Regulation 73(1) of the Public Contracts Regulations 2015 apply. 14.2 For the purposes of clause 14.1(a), material breach means a breach (including an anticipatory breach) that is serious in the widest sense of having a serious effect on the Contractbenefit which the Authority would otherwise derive from the Agreement. 10.2.2 14.3 The Authority may terminate the Contract Agreement by giving written notice to the Supplier with immediate effect if in the circumstances set out at in the Operational Specifications at Schedule 2B of this Agreement. 14.4 In deciding whether any breach is material no regard shall be had to whether it occurs by some accident, mishap, mistake or misunderstanding. 14.5 Without affecting any other right or remedy available to it, the Authority may terminate this Agreement with immediate effect by giving written notice to the Supplier commits if: (a) the Supplier suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a Persistent Default. 10.2.3 In company or limited liability partnership) is deemed unable to pay its debts within the event that through any Default meaning of section 123 of the SupplierInsolvency Act 1986 OR (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, data transmitted in either case, within the meaning of section 268 of the Insolvency Act 1986 OR (being a partnership) has any partner to whom any of the foregoing apply; (b) the Supplier commences negotiations with all or processed any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors; (c) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the Contract is either lost or sufficiently degraded as to be unusable, winding up of the Supplier shall be liable (being a company); (d) an application is made to court, or an order is made, for the cost appointment of reconstitution an administrator, or if a notice of that data and shall provide intention to appoint an administrator is given or if an administrator is appointed, over the Supplier (being a full credit in respect company); (e) the holder of any a qualifying floating charge levied for its transmission and shall reimburse over the Authority for any costs charged in connection with such Default assets of the Supplier (being a company) has become entitled to appoint or has appointed an administrative receiver; (f) a person becomes entitled to appoint a receiver over the assets of the Supplier or a receiver is appointed over the assets of the Supplier; (g) the Supplier (being an individual) is the subject of a bankruptcy petition or order; (h) a creditor or encumbrancer of the Supplier attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of the Supplier's assets and such attachment or process is not discharged within 14 days; (i) any event occurs, or proceeding is taken, with respect to the Supplier in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 14.5(a) to clause 14.5(h) (inclusive); or (j) the Supplier suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business. 10.2.4 If the Authority fails to pay the Supplier undisputed sums of money when due, the 14.6 The Supplier shall notify the Authority in writing of such failure to pay. If the Authority fails to pay such undisputed sums within ninety (90) Working Days of the date of such written notice, immediately if the Supplier undergoes a Change of Control. The Authority may terminate the Contract Agreement by giving notice in writing with to the Supplier within six Months of: (a) being notified that a Change of Control has occurred; or (b) where no notification has been made, the date that the Authority becomes aware of the Change of Control; 14.7 The notice shall have immediate effect, save that such right of termination effect except as otherwise notified to the Supplier by the Authority 14.8 The Authority shall not apply be permitted to terminate where an Approval was granted before the failure to pay is due to the Authority exercising its rights under Clauses 5.3.1 (Recovery Change of Sums Due)Control.

Appears in 4 contracts

Samples: Dynamic Purchasing System Agreement, Dynamic Purchasing System Agreement, Dynamic Purchasing System Agreement

Termination on Default. 10.2.1 The Authority may terminate the Contract by giving written notice to the Supplier with immediate effect if the Supplier commits a Default and if:- (a) if:- the Supplier has not remedied the Default to the satisfaction of the Authority within fifteen (15) Working Days, or such other period as may be specified by the Authority, after issue of a written notice specifying the Default and requesting it to be remedied; or (b) or the Default is not, in the opinion of the Authority, capable of remedy; or (c) or the Default is a material breach of the Contract. 10.2.2 . The Authority may terminate the Contract by giving written notice to the Supplier with immediate effect if the Supplier Authority commits a Persistent Default. 10.2.3 . In the event that through any Default of the Supplier, data transmitted or processed in connection with the Contract is either lost or sufficiently degraded as to be unusable, the Supplier shall be liable for the cost of reconstitution of that data and shall provide a full credit in respect of any charge levied for its transmission and shall reimburse the Authority for any costs charged in connection with such Default of the Supplier. 10.2.4 . If the Authority fails to pay the Supplier undisputed sums of money when due, the Supplier shall notify the Authority in writing of such failure to pay. If the Authority fails to pay such undisputed sums within ninety (90) Working Days of the date of such written notice, the Supplier may terminate the Contract in writing with immediate effect, save that such right of termination shall not apply where the failure to pay is due to the Authority exercising its rights under Clauses 5.3.1 4.3.1 (Recovery of Sums Due).

Appears in 4 contracts

Samples: Virtual Services Contract, Virtual Services Contract, Electricity Market Forecast Contract

Termination on Default. 10.2.1 15.1 The Authority may terminate the Contract Framework Agreement by giving serving written notice to on the Supplier with immediate effect if from the date specified in such notice: (a) where the Supplier commits a Default and if:-material breach and: (ai) the Supplier has not remedied the Default material breach to the satisfaction of the Authority within fifteen (15) 10 Working Days, or such other period as may be specified by the Authority, after issue of a written notice specifying the Default material breach and requesting it to be remedied; or (bii) the Default material breach is not, in the reasonable opinion of the Authority, capable of remedy; or (cb) where the Default is Authority terminates a Contract awarded to the Supplier under this Framework Agreement as a consequence of a material breach by the Supplier; or (c) any warranty given by the Supplier in clause 7 of this agreement is found to be untrue or misleading; or (d) if any of the Contractprovisions of Regulation 73(1) of the Public Contracts Regulations 2015 apply. 10.2.2 15.2 For the purposes of clause 15.1(a), material breach means a breach (including an anticipatory breach) that is serious in the widest sense of having a serious effect on the benefit which the Authority would otherwise derive from the Agreement. 15.3 The Authority may terminate the Contract Framework Agreement by giving written notice to the Supplier with immediate effect if in the circumstances set out at Schedule 2B 15.4 In deciding whether any breach is material no regard shall be had to whether it occurs by some accident, mishap, mistake or misunderstanding 15.5 Without affecting any other right or remedy available to it, the Authority may terminate this agreement with immediate effect by giving written notice to the Supplier commits if: (a) the Supplier suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a Persistent Default. 10.2.3 In company or limited liability partnership) is deemed unable to pay its debts within the event that through any Default meaning of section 123 of the SupplierInsolvency Act 1986 OR (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, data transmitted in either case, within the meaning of section 268 of the Insolvency Act 1986 OR (being a partnership) has any partner to whom any of the foregoing apply; (b) the Supplier commences negotiations with all or processed any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors; (c) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the Contract is either lost or sufficiently degraded as to be unusable, winding up of the Supplier shall be liable (being a company); (d) an application is made to court, or an order is made, for the cost appointment of reconstitution an administrator, or if a notice of that data and shall provide intention to appoint an administrator is given or if an administrator is appointed, over the Supplier (being a full credit in respect company); (e) the holder of any a qualifying floating charge levied for its transmission and shall reimburse over the Authority for any costs charged in connection with such Default assets of the Supplier (being a company) has become entitled to appoint or has appointed an administrative receiver; (f) a person becomes entitled to appoint a receiver over the assets of the Supplier or a receiver is appointed over the assets of the Supplier; (g) the Supplier (being an individual) is the subject of a bankruptcy petition or order; (h) a creditor or encumbrancer of the Supplier attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of the Supplier's assets and such attachment or process is not discharged within 14 days; (i) any event occurs, or proceeding is taken, with respect to the Supplier in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 15.5(a) to clause 15.5(h) (inclusive); or (j) the Supplier suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business. 10.2.4 If the Authority fails to pay the Supplier undisputed sums of money when due, the 15.6 The Supplier shall notify the Authority in writing of such failure to pay. If the Authority fails to pay such undisputed sums within ninety (90) Working Days of the date of such written notice, immediately if the Supplier undergoes a Change of Control. The Authority may terminate the Contract Framework Agreement by giving notice in writing with to the Supplier within six Months of: (a) being notified that a Change of Control has occurred; or (b) where no notification has been made, the date that the Authority becomes aware of the Change of Control; 15.7 The notice shall have immediate effect, save that such right of termination effect except as otherwise notified to the Supplier by the Authority 15.8 The Authority shall not apply be permitted to terminate where an Approval was granted before the failure to pay is due to the Authority exercising its rights under Clauses 5.3.1 (Recovery Change of Sums Due)Control.

Appears in 3 contracts

Samples: Framework Agreement, Framework Agreement, Framework Agreement

Termination on Default. 10.2.1 The Authority CLIENT may terminate the Contract by giving written notice to the Supplier SERVICE PROVIDER with immediate effect if the Supplier SERVICE PROVIDER commits a Default and if:- (a) if:- the Supplier SERVICE PROVIDER has not remedied the Default to the satisfaction of the Authority CLIENT within [fifteen (15) )] Working Days, or such other period as may be specified by the AuthorityCLIENT, after issue of a written notice specifying the Default and requesting it to be remedied; or (b) or the Default is not, in the opinion of the AuthorityCLIENT, capable of remedy; or (c) or the Default is a material breach of the Contract. 10.2.2 . The Authority CLIENT may terminate the Contract by giving written notice to the Supplier SERVICE PROVIDER with immediate effect if the Supplier SERVICE PROVIDER commits a Persistent Default. 10.2.3 . In the event that through any Default of the SupplierSERVICE PROVIDER, data transmitted or processed in connection with the Contract is either lost or sufficiently degraded as to be unusable, the Supplier SERVICE PROVIDER shall be liable for the cost of reconstitution of that data and shall provide a full credit in respect of any charge levied for its transmission and shall reimburse the Authority CLIENT for any costs charged in connection with such Default of the Supplier. 10.2.4 SERVICE PROVIDER. If the Authority CLIENT fails to pay the Supplier SERVICE PROVIDER undisputed sums of money when due, the Supplier SERVICE PROVIDER shall notify the Authority CLIENT in writing of such failure to pay. If the Authority CLIENT fails to pay such undisputed sums within ninety (90) Working Days of the date of such written notice, the Supplier SERVICE PROVIDER may terminate the Contract in writing with immediate effect, save that such right of termination shall not apply where the failure to pay is due to the Authority CLIENT exercising its rights under Clauses 5.3.1 23.1 (Recovery of Sums Due). In any situation when the CLIENT may terminate this Contract, the CLIENT may instead terminate the provision of all Services in relation to the relevant Statement of Work.

Appears in 3 contracts

Samples: Executive Search and Related Services Framework Agreement, Executive Search and Related Services Framework Agreement, Executive Search and Related Services Framework Agreement

Termination on Default. 10.2.1 54.1 The Authority Commissioner may terminate the Contract Agreement, or terminate the provision of any part of the Agreement by giving written notice to the Supplier Contractor or the Contractor’s Representative with immediate effect if the Supplier Contractor commits a Default and if:-if: (a) the Supplier Contractor has not remedied the Default to the satisfaction of the Authority Commissioner within fifteen (15) 25 Working Days, or such other period as may be specified by the AuthorityCommissioner, after issue of a written notice specifying the Default and requesting it to be remedied; or (b) the Default is not, in the opinion of the AuthorityCommissioner, capable of remedy; or (c) the Default is a material breach of the ContractAgreement. 10.2.2 The Authority may terminate the Contract by giving written notice to the Supplier with immediate effect if the Supplier commits a Persistent Default. 10.2.3 54.2 In the event that through any Default of the SupplierContractor, data transmitted or processed in connection with the Contract Agreement is either lost or sufficiently degraded as to be unusable, the Supplier Contractor shall be liable for the cost of reconstitution of that data and shall provide a full credit in respect of any charge levied for its transmission and shall reimburse the Authority Commissioner for any costs charged in connection with such Default of the SupplierContractor. 10.2.4 If the Authority fails to pay the Supplier undisputed sums of money when due, the Supplier shall notify the Authority in writing of such failure to pay. If the Authority fails to pay such undisputed sums within ninety (90) Working Days of the date of such written notice, the Supplier 54.3 The Contractor may terminate the Contract Agreement if the Commissioner is in writing with immediate effect, save that such material breach of its obligations to pay undisputed charges by giving the Commissioner 60 Working Days’ notice specifying the breach and requiring its remedy. The Contractor’s right of termination under this clause 54.3 shall not apply to non- payment of the charges or Price where the failure to pay such non-payment is due to the Authority Commissioner exercising its rights under Clauses 5.3.1 (Recovery clauses 23.1 and 45.2(a). The Commissioner shall have the right to terminate the Agreement, or to terminate the provision of Sums Due)any part of the Agreement at any time by giving three Months’ written notice to the Contractor.

Appears in 2 contracts

Samples: Contract for Architectural Services, Contract for Provision of Force Medical Advisor

Termination on Default. 10.2.1 9.2.1 The Authority Customer may terminate the Contract by giving written notice to the Supplier Service Provider with immediate effect if the Supplier Service Provider commits a Default and if:- (a) the Supplier Service Provider has not remedied the Default to the satisfaction of the Authority Customer within fifteen (15) Working Days, or such other period as may be specified by the AuthorityCustomer, after issue of a written notice specifying the Default and requesting it to be remedied; or (b) the Default is not, in the opinion of the AuthorityCustomer, capable of remedy; or (c) the Default is a material breach of the Contract. 10.2.2 9.2.2 The Authority Customer may terminate the Contract by giving written notice to the Supplier Service Provider with immediate effect if the Supplier Customer commits a Persistent Default. 10.2.3 9.2.3 In the event that through any Default of the SupplierService Provider, data transmitted or processed in connection with the Contract is either lost or sufficiently degraded as to be unusable, the Supplier Service Provider shall be liable for the cost of reconstitution of that data and shall provide a full credit in respect of any charge levied for its transmission and shall reimburse the Authority Customer for any costs charged in connection with such Default of the SupplierService Provider. 10.2.4 9.2.4 If the Authority Customer fails to pay the Supplier Service Provider undisputed sums of money when due, the Supplier Service Provider shall notify the Authority Customer in writing of such failure to pay. If the Authority Customer fails to pay such undisputed sums within ninety (90) Working Days of the date of such written notice, the Supplier Service Provider may terminate the Contract in writing with immediate effect, save that such right of termination shall not apply where the failure to pay is due to the Authority Customer exercising its rights under Clauses 5.3.1 4.3.1 (Recovery of Sums Due). 9.2.5 In any situation when the Customer may terminate this Contract, the Customer may instead terminate the provision of all Services in relation to the relevant Statement of Work.

Appears in 2 contracts

Samples: Bespoke Elearning Services Contract, Elearning Services Contract

Termination on Default. 10.2.1 The Authority may terminate the Contract by giving written notice to the Supplier with immediate effect if the Supplier commits a Default and if:- (a) if:- the Supplier has not remedied the Default to the satisfaction of the Authority within fifteen (15) Working Days, or such other period as may be specified by the Authority, after issue of a written notice specifying the Default and requesting it to be remedied; or (b) or the Default is not, in the opinion of the Authority, capable of remedy; or (c) or the Default is a material breach of the Contract. 10.2.2 . The Authority may terminate the Contract by giving written notice to the Supplier with immediate effect if the Supplier Authority commits a Persistent Default. 10.2.3 . In the event that through any Default of the Supplier, data transmitted or processed in connection with the Contract is either lost or sufficiently degraded as to be unusable, the Supplier shall be liable for the cost of reconstitution of that data and shall provide a full credit in respect of any charge levied for its transmission and shall reimburse the Authority for any costs charged in connection with such Default of the Supplier. 10.2.4 . If the Authority fails to pay the Supplier undisputed sums of money when due, the Supplier shall notify the Authority in writing of such failure to pay. If the Authority fails to pay such undisputed sums within ninety (90) Working Days of the date of such written notice, the Supplier may terminate the Contract in writing with immediate effect, save that such right of termination shall not apply where the failure to pay is due to the Authority exercising its rights under Clauses 5.3.1 (Recovery of Sums Due).

Appears in 2 contracts

Samples: Lean Sourcing Training Delivery Contract, Software Licensing Agreement

Termination on Default. 10.2.1 18.4.1 The Authority Contracting Body may terminate the this Contract with immediate effect by giving written notice to the Supplier with immediate effect if the Supplier commits a Default and if:-if: (a) 18.4.1.1 the Supplier has not remedied the Default to the satisfaction of the Authority Contracting Body within fifteen thirty (1530) Working Days, Days or such other longer period as may be specified by the AuthorityContracting Body, after issue of a written notice specifying the Default and requesting it to be remedied; or (b) 18.4.1.2 the Default is not, in the opinion of the AuthorityContracting Body, capable of remedyremedy which the Contracting Body shall have the sole and absolute discretion to determine; or (c) 18.4.1.3 the Default is a material breach Material Breach of this Contract and/or the ContractFramework Agreement. 10.2.2 The Authority may terminate the Contract by giving written 18.4.2 If, thirty (30) Working Days after service of a formal notice to the Supplier with immediate effect if the Supplier commits a Persistent Default. 10.2.3 In the event that through any Default of the Supplier, data transmitted or processed as described in connection with the Contract is either lost or sufficiently degraded as to be unusableClause 18.4.1, the Supplier has failed to demonstrate to the satisfaction of the Contracting Body that the breach specified has not continued or recurred and that the Supplier has put in place measures to ensure that such breach does not recur, then the Contracting Body may deem such failure shall be liable a Material Breach not capable of remedy for the cost purposes of reconstitution of that data and shall provide a full credit in respect of any charge levied for its transmission and shall reimburse the Authority for any costs charged in connection with such Default of the SupplierClause 18.4.1.3. 10.2.4 18.4.3 If the Authority Contracting Body fails to pay the Supplier undisputed sums of money when duewithin thirty (30) calendar days from the receipt of a validly issued invoice, the Supplier shall shall: 18.4.3.1 notify the Authority Contracting Body in writing of such failure to pay. If pay and provide details of the Authority fails invoice concerned; 18.4.3.2 allow the Contracting Body to pay make prompt payment of such undisputed sums within ninety (90) Working Days sums; and 18.4.3.3 allow the Contracting Body to provide details of the date of such written notice, grounds for why the invoice is disputed. 18.4.4 The Supplier may in the notice provided pursuant to Clause 18.4.3 give notice to terminate this Contract subject to giving the Contract length of notice as specified in writing with immediate effectthe Order Form, save that that: 18.4.4.1 such right of termination shall not apply where the failure to pay is due to the Authority Contracting Body exercising its rights under Clauses 5.3.1 Clause 10.3 (Recovery of Sums Due); and 18.4.4.2 if the Contracting Body either pays such undisputed sum promptly following receipt of the notice given in Clause 18.4.3.1 or, gives reasonable grounds for disputing the invoice, the Supplier’s termination notice shall be withdrawn.

Appears in 2 contracts

Samples: Framework Agreement, Order Form

Termination on Default. 10.2.1 11.2.1. The Authority may terminate the Contract by giving written notice to the Supplier with immediate effect if the Supplier commits a Default and if:- (a) 11.2.1.1. the Supplier has not remedied the Default to the satisfaction of the Authority within fifteen (15) Working Days, or such other period as may be specified by the Authority, after issue of a written notice specifying the Default and requesting it to be remedied; or (b) 11.2.1.2. the Default is not, in the opinion of the Authority, capable of remedy; or (c) 11.2.1.3. the Default is a material breach of the Contract. 10.2.2 11.2.2. The Authority may terminate the Contract by giving written notice to the Supplier with immediate effect if the Supplier commits a Persistent Default. 10.2.3 11.2.3. In the event that through any Default of the Supplier, data transmitted or processed in connection with the Contract is either lost or sufficiently degraded as to be unusable, the Supplier shall be liable for the cost of reconstitution of that data and shall provide a full credit in respect of any charge levied for its transmission and shall reimburse the Authority for any costs charged in connection with such Default of the Supplier. 10.2.4 11.2.4. If the Authority fails to pay the Supplier undisputed sums of money when due, the Supplier shall notify the Authority in writing of such failure to pay. If the Authority fails to pay such undisputed sums within ninety (90) Working Days of the date of such written notice, the Supplier may terminate the Contract in writing with immediate effect, save that such right of termination shall not apply where the failure to pay is due to the Authority exercising its rights under Clauses 5.3.1 (Recovery of Sums Due).

Appears in 1 contract

Samples: Contract for Creative Design Services

Termination on Default. 10.2.1 The Authority may terminate the Contract by giving written notice to the Supplier Contractor with immediate effect from the date specified in such notice if the Supplier Contractor commits a Default and if:- (a) if: the Supplier Contractor has not remedied the Default to the satisfaction of the Authority within fifteen (15) 10 [ten] Working Days, or such other period as may be specified by the Authority, after issue of a written notice specifying the Default and requesting it to be remedied; or (b) or the Default is not, in the opinion of the Authority, capable of remedy; or (c) or the Default is itself a material breach of the Contract. 10.2.2 The Authority may terminate ; or the Contract by giving written notice Default, when taken together with other Defaults, has or is likely to have a material adverse impact on the Supplier with immediate effect if the Supplier commits a Persistent Default. 10.2.3 Authority. In the event that through any Default of the SupplierContractor, data transmitted or processed in connection with the Contract is either lost or sufficiently degraded as to be unusable, such Default shall be deemed to be a material breach of the Supplier Contract for the purposes of clause 51.1.1(c) and, without limiting clause 46.5, the Contractor shall be liable for the cost of reconstitution of that data and shall provide a full credit reimburse the Authority in respect of any charge levied for its transmission and shall reimburse the Authority for any other costs charged in connection with such Default of the Supplier. 10.2.4 Default. If the Authority fails to pay the Supplier Contractor any undisputed sums sum of money when due, the Supplier Contractor shall notify the Authority in writing of such failure to paypay (“Final Notice”). If If, following receipt of the Final Notice, the Authority fails to pay such undisputed sums totalling more than the total cost of 3 combined contracted months; and within ninety (90) 90 Working Days of the date of such written noticethe Final Notice, the Supplier Contractor shall contact the Authority’s Resource Director and explain that it intends to issue a notice of termination if the undisputed sums are not paid. If the undisputed sums are still not paid within ten Working Days of such contact, the Contractor may terminate the Contract in writing with immediate effect, save that such on 25 [twenty five] Working Days’ notice. Such right of termination shall not apply where the failure to pay is due to the Authority exercising its rights under Clauses 5.3.1 (Recovery of Sums Due)clause 19.

Appears in 1 contract

Samples: Coach Services Agreement

Termination on Default. 10.2.1 8.2.1 The Authority may terminate the Contract by giving written notice to the Supplier Service Provider with immediate effect if the Supplier Service Provider commits a Default that was not caused by the preceding act or omission, directly or indirectly of the Authority and if:-if: (a) the Supplier Service Provider has not remedied the Default to the reasonable satisfaction of the Authority within fifteen ten (1510) Working Days, or such other period as may be specified by the Authority, after issue of a written notice specifying the Default and requesting it to be remedied; or (b) the Default is not, in the reasonable opinion of the Authority, capable of remedy; or (c) the Default is a material breach of the Contract. 10.2.2 The Authority may terminate the Contract by giving written notice to the Supplier with immediate effect if the Supplier commits a Persistent Default. 10.2.3 8.2.2 In the event that through any Default of the SupplierService Provider, data transmitted or processed in connection with the Contract is either lost or sufficiently degraded as to be unusable, the Supplier Service Provider shall be liable for the cost of reconstitution of that data and shall provide a full credit reimburse the Authority in respect of any charge levied for its transmission and shall reimburse the Authority for any other costs charged in connection with such Default of the SupplierDefault. 10.2.4 8.2.3 If the Authority fails to pay the Supplier Service Provider undisputed sums of money when due, the Supplier Service Provider shall notify the Authority in writing of such failure to pay. If the Authority fails to pay such undisputed sums within ninety (90) Working Days of the date of such written notice, the Supplier Service Provider may terminate the Contract in writing with immediate effect, save that such right of termination shall not apply where the failure to pay is due to the Authority exercising its rights under Clauses 5.3.1 Clause 3.3 (Recovery of Sums Due).

Appears in 1 contract

Samples: Contract for Legal Services

Termination on Default. 10.2.1 The Authority Client may terminate the Contract by giving written notice to the Supplier Service Provider with immediate effect if the Supplier Service Provider commits a Default and if:- (a) if:- the Supplier Service Provider has not remedied the Default to the satisfaction of the Authority Client within fifteen (15) Working Days, or such other period as may be specified by the AuthorityClient, after issue of a written notice specifying the Default and requesting it to be remedied; or (b) or the Default is not, in the opinion of the AuthorityClient, capable of remedy; or (c) or the Default is a material breach of the Contract. 10.2.2 . The Authority Client may terminate the Contract by giving written notice to the Supplier Service Provider with immediate effect if the Supplier Client commits a Persistent Default. 10.2.3 . In the event that through any Default of the SupplierService Provider, data transmitted or processed in connection with the Contract is either lost or sufficiently degraded as to be unusable, the Supplier Service Provider shall be liable for the cost of reconstitution of that data and shall provide a full credit in respect of any charge levied for its transmission and shall reimburse the Authority Client for any costs charged in connection with such Default of the Supplier. 10.2.4 Service Provider. If the Authority Client fails to pay the Supplier Service Provider undisputed sums of money when due, the Supplier Service Provider shall notify the Authority Client in writing of such failure to pay. If the Authority Client fails to pay such undisputed sums within ninety (90) Working Days of the date of such written notice, the Supplier Service Provider may terminate the Contract in writing with immediate effect, save that such right of termination shall not apply where the failure to pay is due to the Authority Client exercising its rights under Clauses 5.3.1 12.1.11 (Recovery of Sums Due). In any situation when the Client may terminate this Contract, the Client may instead terminate the provision of all Services in relation to the relevant Statement of Work.

Appears in 1 contract

Samples: Call Off Terms and Conditions

Termination on Default. 10.2.1 9.2.1 The Authority may terminate the Contract by giving written notice to the Supplier with immediate effect if the Supplier commits a Default and if:- (a) the Supplier has not remedied the Default to the satisfaction of the Authority within fifteen (15) Working Days, or such other period as may be specified by the Authority, after issue of a written notice specifying the Default and requesting it to be remedied; or (b) the Default is not, in the opinion of the Authority, capable of remedy; or (c) the Default is a material breach of the Contract. 10.2.2 9.2.2 The Authority may terminate the Contract by giving written notice to the Supplier with immediate effect if the Supplier commits a Persistent Default. 10.2.3 9.2.3 In the event that through any Default of the Supplier, data transmitted or processed in connection with the Contract is either lost or sufficiently degraded as to be unusable, the Supplier shall be liable for the cost of reconstitution of that data and shall provide a full credit in respect of any charge levied for its transmission and shall reimburse the Authority for any costs charged in connection with such Default of the Supplier. 10.2.4 9.2.4 If the Authority fails to pay the Supplier undisputed sums of money when due, the Supplier shall notify the Authority in writing of such failure to pay. If the Authority fails to pay such undisputed sums within ninety (90) Working Days of the date of such written notice, the Supplier may terminate the Contract in writing with immediate effect, save that such right of termination shall not apply where the failure to pay is due to the Authority exercising its rights under Clauses 5.3.1 4.3.1 (Recovery of Sums Due).

Appears in 1 contract

Samples: Contract

Termination on Default. 10.2.1 The Authority may terminate the Contract by giving written notice to the Supplier Contractor with immediate effect if the Supplier Contractor commits a Default and if:- (a) the Supplier Contractor has not remedied the Default to the satisfaction of the Authority within fifteen (15) Working Days, or such other period as may be specified by the Authority, after issue of a written notice specifying the Default and requesting it to be remedied; or (b) the Default is not, in the opinion of the Authority, capable of remedy; or (c) the Default is a material breach of the Contract. 10.2.2 The Authority may terminate the Contract by giving written notice to the Supplier Contractor with immediate effect if the Supplier Contractor commits a Persistent Default. 10.2.3 In the event that through any Default of the SupplierContractor, data transmitted or processed in connection with the Contract is either lost or sufficiently degraded as to be unusable, the Supplier Contractor shall be liable for the cost of reconstitution of that data and shall provide a full credit in respect of any charge levied for its transmission and shall reimburse the Authority for any costs charged in connection with such Default of the SupplierContractor. 10.2.4 If the Authority fails to pay the Supplier Contractor undisputed sums of money when due, the Supplier Contractor shall notify the Authority in writing of such failure to pay. If the Authority fails to pay such undisputed sums within ninety (90) Working Days of the date of such written notice, the Supplier Contractor may terminate the Contract in writing with immediate effect, save that such right of termination shall not apply where the failure to pay is due to the Authority exercising its rights under Clauses 5.3.1 (Recovery of Sums Due).

Appears in 1 contract

Samples: Services Agreements

Termination on Default. 10.2.1 36.1 The Authority Parties may terminate the Contract Agreement, or terminate the provision of any part of the Services by giving written notice to the Supplier Company or the Company’s Representative or the Council or Council Representative with immediate effect if the Supplier Company or Council as appropriate commits a Default and if:-if:‌ (a) 36.1.1 the Supplier Company or Council as relevant has not remedied the Default to the satisfaction of the Authority other Party within fifteen twenty five (1525) Working Days, or such such‌ other period as may be specified by the Authoritynon-defaulting Party, after issue of a written notice specifying the Default and requesting it to be remedied; or (b) 36.1.2 the Default is not, in the opinion of the Authority, not capable of remedy; oror‌ (c) 36.1.3 the Default is a material fundamental breach of the Contract.Agreement.‌ 10.2.2 The Authority may terminate the Contract by giving written notice to the Supplier with immediate effect if the Supplier commits a Persistent Default. 10.2.3 36.2 In the event that through any Default of the Suppliera Party, data transmitted or processed in connection with the Contract Agreement is either lost or sufficiently degraded as to be unusable, the Supplier defaulting Party shall be liable for the cost of reconstitution of that data and shall provide a full credit in respect of any charge levied for its transmission and shall reimburse the Authority non- defaulting Party for any costs charged in connection with such Default Default.‌ 36.3 The Company may terminate this Agreement if the Council is in material breach of its obligations to pay undisputed charges by giving the Council sixty (60) Working Days' notice specifying the breach and requiring its remedy.‌ 37 Termination for convenience‌ 37.1 Without prejudice to the Council's rights of early termination under this Agreement, or otherwise at law or equity, the Company hereby irrevocably grants to the Council a break option in respect of all or any part of the Supplier.Services which may be exercised by the Council by giving not less than twelve (12) months' prior written notice to the Company expiring on 31 March in the following Contract Year.‌ 38 Consequences of termination‌ 10.2.4 If 38.1 Upon termination of this Agreement whether at the Authority fails to pay the Supplier undisputed sums of money when due, the Supplier shall notify the Authority in writing of such failure to pay. If the Authority fails to pay such undisputed sums within ninety (90) Working Days expiration of the date Term or otherwise the Company and the Council shall:‌ 38.1.1 develop and agree a mutually beneficial exit strategy to enable the Council to continue to meet its obligation to provide the Services with minimum disruption to its customers;‌ 38.1.2 agree how the Company Assets and Council Assets used by the Company in the provision of the Services shall be disaggregated or divided between the Council and the Company;‌ 38.1.3 co-operate in preparing a schedule of all Company Assets and agreeing how such written noticeCompany Assets shall be divided between the Company and the Council or in the event of sale or disposal how any proceeds shall be divided between the Company and the Council in a fair and equitable manner;‌ 38.1.4 co-operate in terminating, modifying, restructuring, assigning or novating contractual arrangements entered in to and properly execute any documents necessary in a timely manner.‌ 38.2 Upon termination of this Agreement whether at the Supplier may terminate expiration of the Contract in writing with immediate effect, save Term or otherwise the Company shall:‌ 38.2.1 ensure that such right any information reasonably requested by the Council concerning the provision of termination shall not apply where the failure Services is provided promptly within timescales to pay is due be agreed between the Parties;‌ 38.2.2 provide all reasonable assistance to the Authority exercising its rights under Clauses 5.3.1 Council to enable the Council (Recovery or, as applicable, a New Supplier) to be in a position to continue to provide the Services; and 38.2.3 deliver to the Council within timescales to be agreed between the Parties any data held by the Company which relates to the provision of Sums Due).the Services.‌

Appears in 1 contract

Samples: Partnership Agreement

Termination on Default. 10.2.1 41.1 The Authority Grantor may terminate the this Contract by giving written notice to the Supplier Contractor with immediate effect if the Supplier Contractor commits a Default and if:-that is a material breach of this Contract and: (a) 41.1.1 the Supplier Contractor has not remedied the Default to the satisfaction of the Authority Grantor within fifteen twenty-five (1525) Working Days, or such other period as may be specified by the AuthorityGrantor, after issue of a written notice specifying the Default and requesting it to be remedied; or (b) 41.1.2 the Default is not, in the opinion of the AuthorityGrantor, capable of remedy; or (c) the Default is a material breach of the Contract. 10.2.2 The Authority may terminate the Contract by giving written notice to the Supplier with immediate effect if the Supplier commits a Persistent Default. 10.2.3 41.2 In the event that through any Default of the SupplierContractor, data transmitted or processed in connection with the this Contract is either lost or sufficiently degraded as to be unusable, the Supplier shall Contractor will be liable for the cost of reconstitution of that data and shall provide a full credit will reimburse the Grantor in respect of any charge levied for its transmission and shall reimburse the Authority for any other costs charged in connection with such Default of the SupplierDefault. 10.2.4 41.3 If the Authority Contractor fails to pay the Supplier Grantor undisputed sums of money when due, the Supplier shall Grantor will notify the Authority Contractor in writing of such failure to pay. If the Authority Contractor fails to pay such undisputed sums within ninety (90) Working Days of the date of such written notice, the Supplier Grantor may terminate the this Contract in writing with immediate effect, save that such right of termination shall will not apply where the failure to pay is due to the Authority Contractor exercising its rights under Clauses 5.3.1 clause 52 (Recovery of Sums Due). 41.4 If any of the events set out in clauses 40 or 41.1 occur, the Grantor may instead of terminating this Contract, take any of the following actions: 41.4.1 without terminating this Contract, exercise its rights of step-in under clause 44 (Step-In Rights); 41.4.2 terminate this Contract in respect of part of the Services only, and thereafter itself provide or procure the provision by a third party of that part of the Services.

Appears in 1 contract

Samples: Contract for the Official Publishing of the Uk Gazettes

Termination on Default. 10.2.1 The Authority may terminate the Contract by giving written notice to the Supplier with immediate effect if the Supplier commits a Default and if:- (a) the Supplier has not remedied the Default to the satisfaction of the Authority within fifteen (15) Working Days, or such other period as may be specified by the Authority, after issue of a written notice specifying the Default and requesting it to be remedied; or (b) the Default is not, in the opinion of the Authority, capable of remedy; or (c) the Default is a material breach of the Contract. 10.2.2 The Authority may terminate the Contract by giving written notice to the Supplier with immediate effect if the Supplier commits a Persistent Default. 10.2.3 In the event that through any Default of the Supplier, data transmitted or processed in connection with the Contract is either lost or sufficiently degraded as to be unusable, the Supplier shall be liable for the cost of reconstitution of that data and shall provide a full credit in respect of any charge levied for its transmission and shall reimburse the Authority for any costs charged in connection with such Default of the Supplier. 10.2.4 If the Authority fails to pay the Supplier undisputed sums of money when due, the Supplier shall notify the Authority in writing of such failure to pay. If the Authority fails to pay such undisputed sums within ninety (90) Working Days of the date of such written notice, the Supplier may terminate the Contract in writing with immediate effect, save that such right of termination shall not apply where the failure to pay is due to the Authority exercising its rights under Clauses 5.3.1 4.3.1 (Recovery of Sums Due).

Appears in 1 contract

Samples: Contract for the Provision of Services

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Termination on Default. 10.2.1 The Authority may terminate the Contract by giving written notice to the Supplier with immediate effect if the Supplier commits a Default and if:- (a) the Supplier has not remedied the Default to the satisfaction of the Authority within fifteen (15) Working Days, or such other period as may be specified by the Authority, after issue of a written notice specifying the Default and requesting it to be remedied; or (b) the Default is not, in the opinion of the Authority, capable of remedy; or (c) the Default is a material breach of the Contract. 10.2.2 The Authority may terminate the Contract by giving written notice to the Supplier with immediate effect if the Supplier Authority commits a Persistent Default. 10.2.3 In the event that through any Default of the Supplier, data transmitted or processed in connection with the Contract is either lost or sufficiently degraded as to be unusable, the Supplier shall be liable for the cost of reconstitution of that data and shall provide a full credit in respect of any charge levied for its transmission and shall reimburse the Authority for any costs charged in connection with such Default of the Supplier. 10.2.4 If the Authority fails to pay the Supplier undisputed sums of money when due, the Supplier shall notify the Authority in writing of such failure to pay. If the Authority fails to pay such undisputed sums within ninety (90) Working Days of the date of such written notice, the Supplier may terminate the Contract in writing with immediate effect, save that such right of termination shall not apply where the failure to pay is due to the Authority exercising its rights under Clauses 5.3.1 (Recovery of Sums Due).

Appears in 1 contract

Samples: E Learning Development Contract

Termination on Default. 10.2.1 9.2.1 The Authority Service Purchaser may terminate the this Contract by giving written notice to the Supplier Provider with immediate effect if the Supplier Provider commits a Default and if:-if: (a) the Supplier Provider has not remedied the Default to the satisfaction of the Authority Service Purchaser within fifteen ten (1510) Working Days, or such other period as may be specified by the AuthorityService Purchaser, after issue of a written notice specifying the Default and requesting it to be remedied; or (b) the Default is not, in the reasonable opinion of the AuthorityService Purchaser, capable of remedy; or (c) the Default is defined as a Persistent Default; or d) the Default is defined as a Serious Default and the Service Purchaser does not intend to resume the Service; e) the Default is a material breach of the this Contract. 10.2.2 The Authority may terminate the Contract by giving written notice to the Supplier with immediate effect if the Supplier commits a Persistent Default. 10.2.3 9.2.2 In the event that through any Default of the SupplierProvider, data transmitted or processed in connection with the this Contract is either lost or sufficiently degraded as to be unusable, the Supplier Provider shall be liable for the cost of reconstitution of that data and shall provide a full credit reimburse the Service Purchaser in respect of any charge levied for its transmission and shall reimburse the Authority for any other costs charged in connection with such Default of the SupplierDefault. 10.2.4 9.2.3 If the Authority Service Purchaser fails to pay the Supplier Provider undisputed sums of money when due, the Supplier Provider shall notify the Authority Service Purchaser in writing of such failure to pay. If the Authority Service Purchaser fails to pay such undisputed sums within ninety (90) Working Days of the date of such written notice, the Supplier Provider may terminate the this Contract in writing with immediate effect, save that such right of termination shall not apply where the failure to pay is due to the Authority Service Purchaser exercising its rights under Clauses 5.3.1 Clause 3.3 (Recovery of Sums Due).

Appears in 1 contract

Samples: Framework Agreement

Termination on Default. 10.2.1 8.2.1 The Authority Council may terminate the Contract by giving written notice to the Supplier Provider with immediate effect if the Supplier Provider commits a Default and if:- (a) the Supplier Provider has not remedied the Default to the satisfaction of the Authority Council within fifteen ten (1510) Working Days, or such other period as may be specified by the AuthorityCouncil, after issue of a written notice specifying the Default and requesting it to be remedied; or (b) the Default is not, in the opinion of the AuthorityCouncil, capable of remedy; or; (c) the Default is a material breach of the ContractContract or is a Major Non- Conformance; (d) as a result of the Default, the Provider has brought the Council into disrepute; or (e) the issuing of a Minor Non-Conformance Default Notice for the Default has the consequence that the Council has issued 5 or more Minor Non-Conformance Default Notices within any rolling 12 month period. 10.2.2 The Authority may terminate the Contract by giving written notice to the Supplier with immediate effect if the Supplier commits a Persistent Default. 10.2.3 8.2.2 In the event that through any Default of the SupplierProvider, data transmitted or processed in connection with the Contract is either lost or sufficiently degraded as to be unusable, the Supplier Provider shall be liable for the cost of reconstitution of that data and shall provide a full credit reimburse the Council in respect of any charge levied for its transmission and shall reimburse the Authority for any other costs charged in connection with such Default of the SupplierDefault. 10.2.4 8.2.3 If the Authority Council fails to pay the Supplier Provider undisputed sums of money when due, the Supplier Provider shall notify the Authority Council in writing of such failure to pay. If the Authority Council fails to pay such undisputed sums within ninety (90) Working Days of the date of such written notice, the Supplier Provider may terminate the Contract in writing with immediate effect, save that such right of termination shall not apply where the failure to pay is due to the Authority Council exercising its rights under Clauses 5.3.1 Clause 3.3 (Recovery of Sums Due).

Appears in 1 contract

Samples: Dynamic Purchasing System Agreement

Termination on Default. 10.2.1 The Authority may terminate the Contract by giving written notice to the Supplier Contractor with immediate effect from the date specified in such notice if the Supplier Contractor commits a Default and if:- (a) if: the Supplier Contractor has not remedied the Default to the satisfaction of the Authority within fifteen (15) 10 [ten] Working Days, or such other period as may be specified by the Authority, after issue of a written notice specifying the Default and requesting it to be remedied; or (b) or the Default is not, in the opinion of the Authority, capable of remedy; or (c) or the Default is itself a material breach of the Contract. 10.2.2 The Authority may terminate ; or the Contract by giving written notice Default, when taken together with other Defaults, has or is likely to have a material adverse impact on the Supplier with immediate effect if the Supplier commits a Persistent Default. 10.2.3 Authority. In the event that through any Default of the SupplierContractor, data transmitted or processed in connection with the Contract is either lost or sufficiently degraded as to be unusable, such Default shall be deemed to be a material breach of the Supplier Contract for the purposes of clause 51.1.1(c) and, without limiting clause 46.5, the Contractor shall be liable for the cost of reconstitution of that data and shall provide a full credit reimburse the Authority in respect of any charge levied for its transmission and shall reimburse the Authority for any other costs charged in connection with such Default of the Supplier. 10.2.4 Default. If the Authority fails to pay the Supplier Contractor any undisputed sums sum of money when due, the Supplier Contractor shall notify the Authority in writing of such failure to paypay (“Final Notice”). If If, following receipt of the Final Notice, the Authority fails to pay such undisputed sums totalling more than the total cost of 3 combined contracted months; and within ninety (90) 90 Working Days of the date of such written noticethe Final Notice, the Supplier Contractor shall contact the Authority’s [insert position title – should be SCS level] and explain that it intends to issue a notice of termination if the undisputed sums are not paid. If the undisputed sums are still not paid within ten Working Days of such contact, the Contractor may terminate the Contract in writing with immediate effect, save that such on 25 [twenty five] Working Days’ notice. Such right of termination shall not apply where the failure to pay is due to the Authority exercising its rights under Clauses 5.3.1 (Recovery of Sums Due)clause 20.

Appears in 1 contract

Samples: Contract for Services

Termination on Default. 10.2.1 The Authority may terminate the Contract by giving written notice to the Supplier Contractor with immediate effect from the date specified in such notice if the Supplier Contractor commits a Default and if:- (a) if: the Supplier Contractor has not remedied the Default to the satisfaction of the Authority within fifteen (15) ten Working Days, or such other period as may be specified by the Authority, after issue of a written notice specifying the Default and requesting it to be remedied; or (b) or the Default is not, in the opinion of the Authority, capable of remedy; or (c) or the Default is itself a material breach of the Contract. 10.2.2 The Authority may terminate ; or the Contract by giving written notice Default, when taken together with other Defaults, has or is likely to have a material adverse impact on the Supplier with immediate effect if the Supplier commits a Persistent Default. 10.2.3 Authority. In the event that through any Default of the SupplierContractor, data transmitted or processed in connection with the Contract is either lost or sufficiently degraded as to be unusable, such Default shall be deemed to be a material breach of the Supplier Contract for the purposes of clause 51.1.1(c) and, without limiting clause 46.4, the Contractor shall be liable for the cost of reconstitution of that data and shall provide a full credit reimburse the Authority in respect of any charge levied for its transmission and shall reimburse the Authority for any other costs charged in connection with such Default of the Supplier. 10.2.4 Default. If the Authority fails to pay the Supplier Contractor any undisputed sums sum of money when due, the Supplier Contractor shall notify the Authority in writing of such failure to paypay (“Final Notice”). If If, following receipt of the Final Notice, the Authority fails to pay such undisputed sums totalling more than £1000.00 within ninety (90) 90 Working Days of the date of such written noticethe Final Notice, the Supplier Contractor shall contact the Authority’s [insert position title – should be SCS level] and explain that it intends to issue a notice of termination if the undisputed sums are not paid. If the undisputed sums are still not paid within ten Working Days of such contact, the Contractor may terminate the Contract in writing with immediate effect, save that such on 25 Working Days’ notice. Such right of termination shall not apply where the failure to pay is due to the Authority exercising its rights under Clauses 5.3.1 (Recovery of Sums Due)clause 18.

Appears in 1 contract

Samples: Contract Agreement

Termination on Default. 10.2.1 11.2.1 The Authority may terminate the Contract by giving written notice to the Supplier with immediate effect if the Supplier commits a Default and if:- (a) the Supplier has not remedied the Default to the satisfaction of the Authority within fifteen (15) Working Days, or such other period as may be specified by the Authority, after issue of a written notice specifying the Default and requesting it to be remedied; or (b) the Default is not, in the opinion of the Authority, capable of remedy; or (c) the Default is a material breach of the Contract. 10.2.2 11.2.2 The Authority may terminate the Contract by giving written notice to the Supplier with immediate effect if the Supplier commits a Persistent Default. 10.2.3 11.2.3 In the event that through any Default of the Supplier, data transmitted or processed in connection with the Contract is either lost or sufficiently degraded as to be unusable, the Supplier shall be liable for the cost of reconstitution of that data and shall provide a full credit in respect of any charge levied for its transmission and shall reimburse the Authority for any costs charged in connection with such Default of the Supplier. 10.2.4 11.2.4 If the Authority fails to pay the Supplier undisputed sums of money when due, the Supplier shall notify the Authority in writing of such failure to pay. If the Authority fails to pay such undisputed sums within ninety (90) Working Days of the date of such written notice, the Supplier may terminate the Contract in writing with immediate effect, save that such right of termination shall not apply where the failure to pay is due to the Authority exercising its rights under Clauses 5.3.1 4.3.1 (Recovery of Sums Due).

Appears in 1 contract

Samples: Contract for the Provision of Services

Termination on Default. 10.2.1 The Authority Agency may terminate the Contract by giving written notice to the Supplier Contractor with immediate effect from the date specified in such notice if the Supplier Contractor commits a Default and if:- (a) if: the Supplier Contractor has not remedied the Default to the satisfaction of the Authority Agency within fifteen (15) ten [10] Working Days, or such other period as may be specified by the AuthorityAgency, after issue of a written notice specifying the Default and requesting it to be remedied; or (b) or the Default is not, in the opinion of the AuthorityAgency, capable of remedy; or (c) or the Default is itself a material breach of the Contract. 10.2.2 The Authority may terminate ; or the Contract by giving written notice Default, when taken together with other Defaults, has or is likely to have a material adverse impact on the Supplier with immediate effect if the Supplier commits a Persistent Default. 10.2.3 Agency. In the event that through any Default of the SupplierContractor, data transmitted or processed in connection with the Contract is either lost or sufficiently degraded as to be unusable, such Default shall be deemed to be a material breach of the Supplier Contract for the purposes of Clause 1.(c) and, without limiting Clause 1.173, the Contractor shall be liable for the cost of reconstitution of that data and shall provide a full credit reimburse the Agency in respect of any charge levied for its transmission and shall reimburse the Authority for any other costs charged in connection with such Default of the Supplier. 10.2.4 Default. If the Authority Agency fails to pay the Supplier Contractor any undisputed sums sum of money when due, the Supplier Contractor shall notify the Authority Agency in writing of such failure to paypay (“Final Notice”). If If, following receipt of the Authority Final Notice, the Agency fails to pay such undisputed sums within ninety ([90) ] Working Days of the date of such written noticethe Final Notice, the Supplier Contractor shall contact the Agency’s Commercial Director and explain that it intends to issue a notice of termination if the undisputed sums are not paid. If the undisputed sums are still not paid within ten [10] Working Days of such contact, the Contractor may terminate the Contract in writing with immediate effect, save that such on twenty five [25] Working Days’ notice. Such right of termination shall not apply where the failure to pay is due to the Authority Agency exercising its rights under Clauses 5.3.1 (Recovery of Sums Due)Clause 21.

Appears in 1 contract

Samples: Agreement

Termination on Default. 10.2.1 9.2.1 The Authority may terminate the Contract by giving written notice to the Supplier with immediate effect if the Supplier commits a Default and if:- (a) the Supplier has not remedied the Default to the satisfaction of the Authority within fifteen (15) Working Days, or such other period as may be specified by the Authority, after issue of a written notice specifying the Default and requesting it to be remedied; or (b) the Default is not, in the opinion of the Authority, capable of remedy; or (c) the Default is a material breach of the Contract. 10.2.2 9.2.2 The Authority may terminate the Contract by giving written notice to the Supplier with immediate effect if the Supplier Authority commits a Persistent Default. 10.2.3 9.2.3 In the event that through any Default of the Supplier, data transmitted or processed in connection with the Contract is either lost or sufficiently degraded as to be unusable, the Supplier shall be liable for the cost of reconstitution of that data and shall provide a full credit in respect of any charge levied for its transmission and shall reimburse the Authority for any costs charged in connection with such Default of the Supplier. 10.2.4 9.2.4 If the Authority fails to pay the Supplier undisputed sums of money when due, the Supplier shall notify the Authority in writing of such failure to pay. If the Authority fails to pay such undisputed sums within ninety (90) Working Days of the date of such written notice, the Supplier may terminate the Contract in writing with immediate effect, save that such right of termination shall not apply where the failure to pay is due to the Authority exercising its rights under Clauses 5.3.1 4.3.1 (Recovery of Sums Due).

Appears in 1 contract

Samples: Contract for the Provision of Services

Termination on Default. 10.2.1 52.1 The Authority may terminate the Contract Agreement, or terminate the provision of any part of the Agreement by giving written notice to the Supplier Contractor or the Contractor’s Representative with immediate effect if the Supplier Contractor commits a Default and if:-if: (a) the Supplier Contractor has not remedied the Default to the satisfaction of the Authority within fifteen (15) 25 Working Days, or such other period as may be specified by the Authority, after issue of a written notice specifying the Default and requesting it to be remedied; or (b) the Default is not, in the opinion of the Authority, capable of remedy; or; (c) the Default is a material breach of the ContractAgreement. 10.2.2 The Authority may terminate (d) the Agreement has been subject to substantial modification which would have required a new procurement procedure in accordance with section 72(9) Public Contracts Regulations 2015 (e) the Contractor has, at the time of contract award, been in one of the situations referred to in section 57(1) Public Contract by giving written notice Regulations 2015, including as a result of the application of regulation 57(2), and should therefore have been excluded from the procurement procedure; or (f) the contract should not have been awarded to the Supplier with immediate effect if contractor in view of a serious infringement of the Supplier commits obligations under the Treaties and the Public Contracts Directive that has been declared by the Court of Justice of the European Union in a Persistent Defaultprocedure under Article 258 of TFEU. 10.2.3 52.2 In the event that through any Default of the SupplierContractor, data transmitted or processed in connection with the Contract Agreement is either lost or sufficiently degraded as to be unusable, the Supplier Contractor shall be liable for the cost of reconstitution of that data and shall provide a full credit in respect of any charge levied for its transmission and shall reimburse the Authority for any costs charged in connection with such Default of the SupplierContractor. 10.2.4 If the Authority fails to pay the Supplier undisputed sums of money when due, the Supplier shall notify the Authority in writing of such failure to pay. If the Authority fails to pay such undisputed sums within ninety (90) Working Days of the date of such written notice, the Supplier 52.3 The Contractor may terminate the Contract Agreement if the Authority is in writing with immediate effect, save that such material breach of its obligations to pay undisputed charges by giving the Authority 60 Working Days notice specifying the breach and requiring its remedy. The Contractor’s right of termination under this clause 52.3 shall not apply to non payment of the charges or Price where the failure to pay such non payment is due to the Authority exercising its rights under Clauses 5.3.1 (Recovery of Sums Dueclauses 23.1 and 45.1(a).

Appears in 1 contract

Samples: Waste Haulage Services Agreement

Termination on Default. 10.2.1 9.2.1 The Authority Customer may terminate the Contract by giving written notice to the Supplier Service Provider with immediate effect if the Supplier Service Provider commits a Default and if:- (a) the Supplier Service Provider has not remedied the Default to the satisfaction of the Authority Customer within [fifteen (15) )] Working Days, or such other period as may be specified by the AuthorityCustomer, after issue of a written notice specifying the Default and requesting it to be remedied; or (b) the Default is not, in the opinion of the AuthorityCustomer, capable of remedy; or (c) the Default is a material breach of the Contract. 10.2.2 9.2.2 The Authority Customer may terminate the Contract by giving written notice to the Supplier Service Provider with immediate effect if the Supplier Customer commits a Persistent Default. 10.2.3 9.2.3 In the event that through any Default of the SupplierService Provider, data transmitted or processed in connection with the Contract is either lost or sufficiently degraded as to be unusable, the Supplier Service Provider shall be liable for the cost of reconstitution of that data and shall provide a full credit in respect of any charge levied for its transmission and shall reimburse the Authority Customer for any costs charged in connection with such Default of the SupplierService Provider. 10.2.4 9.2.4 If the Authority Customer fails to pay the Supplier Service Provider undisputed sums of money when due, the Supplier Service Provider shall notify the Authority Customer in writing of such failure to pay. If the Authority Customer fails to pay such undisputed sums within ninety (90) Working Days of the date of such written notice, the Supplier Service Provider may terminate the Contract in writing with immediate effect, save that such right of termination shall not apply where the failure to pay is due to the Authority Customer exercising its rights under Clauses 5.3.1 4.3.1 (Recovery of Sums Due). 9.2.5 In any situation when the Customer may terminate this Contract, the Customer may instead terminate the provision of all Services in relation to the relevant Statement of Work.

Appears in 1 contract

Samples: Call Off Agreement

Termination on Default. 10.2.1 9.2.1 The Authority may terminate the Contract by giving written notice to the Supplier with immediate effect if the Supplier commits a Default and if:- (a) the Supplier has not remedied the Default to the satisfaction of the Authority within fifteen (15) Working Days, or such other period as may be specified by the Authority, after issue of a written notice specifying the Default and requesting it to be remedied; or (b) the Default is not, in the opinion of the Authority, capable of remedy; or (c) the Default is a material breach of the Contract. 10.2.2 9.2.2 The Authority may terminate the Contract by giving written notice to the Supplier with immediate effect if the Supplier commits a Persistent Default. 10.2.3 9.2.3 In the event that through any Default of the Supplier, data transmitted or processed in connection with the Contract is either lost or sufficiently degraded as to be unusable, the Supplier shall be liable for the cost of reconstitution of that data and shall provide a full credit in respect of any charge levied for its transmission and shall reimburse the Authority for any costs charged in connection with such Default of the Supplier. 10.2.4 9.2.4 If the Authority fails to pay the Supplier undisputed sums of money when due, the Supplier shall notify the Authority in writing of such failure to pay. If the Authority fails to pay such undisputed sums within ninety (90) Working Days of the date of such written notice, the Supplier may terminate the Contract in writing with immediate effect, save that such right of termination shall not apply where the failure to pay is due to the Authority exercising its rights under Clauses 5.3.1 (Recovery of Sums Due).

Appears in 1 contract

Samples: Contract

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