The Supplier. (a) agrees that the application of Clause 7.4 is commercially justifiable where an Unacceptable KPI Failure occurs; and (b) acknowledges that it has taken legal advice on the application of Clause 7.4 and has had the opportunity to price for that risk when calculating the Service Charges.
Appears in 15 contracts
Sources: Recruitment Services Agreement, Call Off Terms, Model Services Contract
The Supplier. (a) 7.5.1 agrees that the application of Clause clause 7.4 is commercially justifiable where an Unacceptable KPI Failure occurs; and
(b) 7.5.2 acknowledges that it has taken legal advice on the application of Clause clause 7.4 and has had the opportunity to price for that risk when calculating the Service Charges.. Critical Performance Failure
Appears in 2 contracts
Sources: It Solutions and System Integration Services Agreement, It Solutions and System Integration Services Agreement
The Supplier. (a) agrees that the application of Clause 7.4 7.3 is commercially justifiable where an Unacceptable KPI Failure occurs; and
(b) and acknowledges that it has taken legal advice on the application of Clause 7.4 7.3 and has had the opportunity to price for that risk when calculating the Service Charges.
Appears in 1 contract
Sources: Services Agreement
The Supplier. (a) agrees that the application of Clause 7.4 7.3 is commercially justifiable where an Unacceptable KPI Failure occurs; and
(b) acknowledges that it has taken legal advice on the application of Clause 7.4 7.3 and has had the opportunity to price for that risk when calculating the Service Charges.
Appears in 1 contract
Sources: Model Services Contract
The Supplier. (a) 7.5.1 agrees that the application of Clause clause 7.4 is commercially justifiable where an Unacceptable KPI Failure occurs; and
(b) 7.5.2 acknowledges that it has taken legal advice on the application of Clause clause 7.4 and has had the opportunity to price for that risk when calculating the Service Charges.
Appears in 1 contract
Sources: It Solutions and System Integration Services Agreement