Terms of Payment and Service Credits and Debits. (a) In consideration of the Services and subject to the provisions of this Agreement and of the SLA, the Nodal Agency shall pay the Implementation Agency for the Services rendered in pursuance of this agreement, in accordance with the Terms of Payment Schedule set out as Schedule VI of this Agreement. (b) All payments are subject to the application of service credits and debits as may be provided for in the SLA. For the avoidance of doubt, it is expressly clarified that the Nodal Agency will pay the service credits as stated in accordance with the Schedule VI of this Agreement and the Nodal Agency may also calculate a financial sum and debit the same against the terms of payment as set out in Schedule VI of this Agreement as a result of the failure of the Implementation Agency to meet the Service Level as defined in SLA.[ The Nodal Agency (on request from successful bidders) can look at having a separate mechanism for settling penalties/service credits rather than the set off against (c) Save and except as otherwise provided for herein or as agreed between the Parties in writing, the Nodal Agency shall not be required to make any payments in respect of the Services (or, without limitation to the foregoing, in respect of the Implementation Agency performance of any obligations under this Agreement or the SLA) other than those covered in Schedule VI of this Agreement. For the avoidance of doubt, it is expressly clarified that the payments shall be deemed to include all ancillary and incidental costs and charges arising in the course of delivery of the Services including consultancy charges, infrastructure costs, project costs, implementation and management charges and all other related costs including taxes which are addressed in this Clause.
Appears in 2 contracts
Samples: Master Services Agreement, Master Services Agreement
Terms of Payment and Service Credits and Debits. (a) I. In consideration of the Services and subject to the provisions of this Agreement and of the SLA, the Nodal Agency BSBCL shall pay the Implementation Agency <<‘Total Solution and Service Provider (TSSP)’>> for the Services rendered in pursuance of this agreement, in accordance with the Terms of Payment Schedule set out as Schedule VI of this Agreement.
(b) II. All payments are subject to the application of service credits and debits as may be provided for in the SLA. For the avoidance of doubt, it is expressly clarified that the Nodal Agency BSBCL will pay the service credits as stated in accordance with the Schedule VI of this Agreement and the Nodal Agency BSBCL may also calculate a financial sum and debit the same against the terms of payment as set out in Schedule VI of this Agreement as a result of the failure of the Implementation Agency <<‘Total Solution and Service Provider (TSSP)’>> to meet the Service Level as defined in SLA.[ The Nodal Agency (on SLA.BSBCL(on request from successful bidders) can look at having a separate mechanism for settling penalties/service credits rather than the set off againstagainst the invoice as this could revenue recognition issues. However, the successful bidder has to ensure that such settlement happens within a stipulated timeframe]
(c) III. Save and except as otherwise provided for herein or as agreed between the Parties in writing, the Nodal Agency BSBCL shall not be required to make any payments in respect of the Services (or, without limitation to the foregoing, in respect of the Implementation Agency <<‘Total Solution and Service Provider (TSSP)’>> performance of any obligations under this Agreement or the SLA) other than those covered in Schedule VI of this Agreement. For the avoidance of doubt, it is expressly clarified that the payments shall be deemed to include all ancillary and incidental costs and charges arising in the course of delivery of the Services including consultancy charges, infrastructure costs, project costs, implementation and management charges and all other related costs including taxes which are addressed in this Clause.
Appears in 1 contract
Samples: Master Services Agreement
Terms of Payment and Service Credits and Debits. (a) I. In consideration of the Services and subject to the provisions of this Agreement and of the SLA, the Nodal Agency MITS shall pay the Implementation Agency SI for Compute Infrastructure for the Services rendered in pursuance of this agreement, in accordance with the Terms of Payment Schedule set out as Schedule VI of this Agreement.
(b) II. All payments are subject to the application of service credits and debits as may be provided for in the SLA. For the avoidance of doubt, it is expressly clarified that the Nodal Agency MITS will pay the service credits as stated in accordance with the Schedule VI of this Agreement and the Nodal Agency MITS may also calculate a financial sum and debit the same against the terms of payment as set out in Schedule VI of this Agreement as a result of the failure of the Implementation Agency SI for Compute Infrastructure to meet the Service Level as defined in SLA.[ . The Nodal Agency MITS (on request from successful bidders) can look at having a separate mechanism for settling penalties/service credits rather than the set off againstagainst the invoice as this could revenue recognition issues. However, the successful bidder has to ensure that such settlement happens within a stipulated timeframe.
(c) III. Save and except as otherwise provided for herein or as agreed between the Parties in writing, the Nodal Agency MITS shall not be required to make any payments in respect of the Services (or, without limitation to the foregoing, in respect of the Implementation Agency SI for Compute Infrastructure performance of any obligations under this Agreement or the SLA) other than those covered in Schedule VI of this Agreement. For the avoidance of doubt, it is expressly clarified that the payments shall be deemed to include all ancillary and incidental costs and charges arising in the course of delivery of the Services including consultancy charges, infrastructure costs, project costs, implementation and management charges and all other related costs including taxes which are addressed in this Clause.
Appears in 1 contract
Samples: Contract Agreement for Selection of System Integrator for Compute Infrastructure