Uncontrollable Events. (1) If either party is prevented from or delayed in performing its obligations under this Agreement by an Uncontrollable Event, the party directly affected by that Uncontrollable Event will not be in breach of the Agreement. (2) The party whose performance is directly affected by an Uncontrollable Event must give written notice to the other specifying: (a) the nature of the circumstances giving rise to the Uncontrollable Event; (b) the extent of that party's inability to perform; and (c) the likely duration of that non-performance. (3) The party whose performance is directly affected by an Uncontrollable Event must take all reasonable steps to avoid or reduce the impact of the Uncontrollable Event on the due performance of the Agreement. (4) The Provider must have in place a reasonable risk management plan and sufficient funds to implement the plan (except if Te Whatu Ora has failed to make due payment). (5) This clause does not require a party to settle any strike, lock-out, or other industrial disturbance. (6) The party whose performance is directly affected by an Uncontrollable Event must resume due performance of its obligations under this Agreement as soon as is reasonably practicable after the Uncontrollable Event ends or its impact is sufficiently reduced to allow due performance. (7) Despite anything else in this Agreement, if the Provider is unable to provide the Services because of an Uncontrollable Event, Te Whatu Ora may make alternative arrangements for the provision of Services during the period of the Provider's non-performance (and for such reasonable time afterwards as may be necessary to secure an alternative provider or providers at the time the alternative arrangement is entered into) as Te Whatu Xxx sees fit but after consultation with the Provider.
Appears in 3 contracts
Samples: Integrated Community Pharmacy Services Agreement, Integrated Community Pharmacy Services Agreement, Integrated Community Pharmacy Services Agreement
Uncontrollable Events. (1) If either party is prevented from or delayed in performing its obligations under this Agreement by an Uncontrollable Event, the party directly affected by that Uncontrollable Event will not be in breach of the Agreement.
(2) The party whose performance is directly affected by an Uncontrollable Event must give written notice to the other specifying:
(a) the nature of the circumstances giving rise to the Uncontrollable Event;
(b) the extent of that party's inability to perform; and
(c) the likely duration of that non-performance.
(3) The party whose performance is directly affected by an Uncontrollable Event must take all reasonable steps to avoid or reduce the impact of the Uncontrollable Event on the due performance of the Agreement.
(4) The Provider must have in place a reasonable risk management plan and sufficient funds to implement the plan (except if Te Whatu Ora has failed to make due payment).
(5) This clause does not require a party to settle any strike, lock-out, or other industrial disturbance.
(6) The party whose performance is directly affected by an Uncontrollable Event must resume due performance of its obligations under this Agreement as soon as is reasonably practicable after the Uncontrollable Event ends or its impact is sufficiently reduced to allow due performance.
(7) Despite anything else in this Agreement, if the Provider is unable to provide the Services because of an Uncontrollable Event, Te Whatu Ora may make alternative arrangements for the provision of Services during the period of the Provider's non-performance (and for such reasonable time afterwards as may be necessary to secure an alternative provider or providers at the time the alternative arrangement is entered into) as Te Whatu Xxx Ora sees fit but after consultation with the Provider.
Appears in 3 contracts
Samples: Integrated Community Pharmacy Services Agreement, Integrated Community Pharmacy Services Agreement, Integrated Community Pharmacy Services Agreement
Uncontrollable Events. Uncontrollable Events
(1) If either party is prevented from or delayed in performing its obligations under this Agreement by an Uncontrollable Event, the party directly affected by that Uncontrollable Event will not be in breach of the Agreement.
(2) The party whose performance is directly affected by an Uncontrollable Event must give written notice to the other specifying:
(a) the nature of the circumstances giving rise to the Uncontrollable Event;
(b) the extent of that party's inability to perform; and
(c) the likely duration of that non-performance.
(3) The party whose performance is directly affected by an Uncontrollable Event must take all reasonable steps to avoid or reduce the impact of the Uncontrollable Event on the due performance of the Agreement.
(4) The Provider must have in place a reasonable risk management plan and sufficient funds to implement the plan (except if Te Whatu Ora the DHB has failed to make due payment).
(5) This clause does not require a party to settle any strike, lock-out, or other industrial disturbance.
(6) The party whose performance is directly affected by an Uncontrollable Event must resume due performance of its obligations under this Agreement as soon as is reasonably practicable after the Uncontrollable Event ends or its impact is sufficiently reduced to allow due performance.
(7) Despite anything else in this Agreement, if the Provider is unable to provide the Services because of an Uncontrollable Event, Te Whatu Ora the DHB may make alternative arrangements for the provision of Services during the period of the Provider's non-performance (and for such reasonable time afterwards as may be necessary to secure an alternative provider or providers at the time the alternative arrangement is entered into) as Te Whatu Xxx the DHB sees fit but after consultation with the Provider.
Appears in 3 contracts
Samples: Integrated Community Pharmacy Services Agreement, Integrated Community Pharmacy Services Agreement, Integrated Community Pharmacy Services Agreement
Uncontrollable Events. (1) If either party is prevented from or delayed in performing its obligations under this Agreement by an Uncontrollable Event, the party directly affected by that Uncontrollable Event will not be in breach of the Agreement.
(2) The party whose performance is directly affected by an Uncontrollable Event must give written notice to the other specifying:
(a) the nature of the circumstances giving rise to the Uncontrollable Event;
(b) the extent of that party's inability to perform; and
(c) the likely duration of that non-performance.
(3) The party whose performance is directly affected by an Uncontrollable Event must take all reasonable steps to avoid or reduce the impact of the Uncontrollable Event on the due performance of the Agreement.
(4) The Provider must have in place a reasonable risk management plan and sufficient funds to implement the plan (except if Te Whatu Ora Health NZ has failed to make due payment).
(5) This clause does not require a party to settle any strike, lock-out, or other industrial disturbance.
(6) The party whose performance is directly affected by an Uncontrollable Event must resume due performance of its obligations under this Agreement as soon as is reasonably practicable after the Uncontrollable Event ends or its impact is sufficiently reduced to allow due performance.
(7) Despite anything else in this Agreement, if the Provider is unable to provide the Services because of an Uncontrollable Event, Te Whatu Ora Health NZ may make alternative arrangements for the provision of Services during the period of the Provider's non-performance (and for such reasonable time afterwards as may be necessary to secure an alternative provider or providers at the time the alternative arrangement is entered into) as Te Whatu Xxx Health NZ sees fit but after consultation with the Provider.
Appears in 2 contracts
Samples: Integrated Community Pharmacy Services Agreement, Integrated Community Pharmacy Services Agreement
Uncontrollable Events. (1) If either party is prevented from or delayed in performing its obligations under this Agreement by an Uncontrollable Event, the party directly affected by that Uncontrollable Event will not be in breach of the Agreement.
(2) The party whose performance is directly affected by an Uncontrollable Event must give written notice to the other specifying:
(a) the nature of the circumstances giving rise to the Uncontrollable Event;
(b) the extent of that party's inability to perform; and
(c) the likely duration of that non-performance.
(3) The party whose performance is directly affected by an Uncontrollable Event must take all reasonable steps to avoid or reduce the impact of the Uncontrollable Event on the due performance of the Agreement.
(4) The Provider must have in place a reasonable risk management plan process and sufficient funds to implement the plan (except if Te Whatu Ora the DHB has failed to make due payment).
(5) This clause does not require a party to settle any strike, lock-out, or other industrial disturbance.
(6) The party whose performance is directly affected by an Uncontrollable Event must resume due performance of its obligations under this Agreement as soon as is reasonably practicable possible after the Uncontrollable Event ends or its impact is sufficiently reduced to allow due performance.
(7) Despite anything else in this Agreement, if the Provider is unable to provide the Services because of an Uncontrollable Event, Te Whatu Ora the DHB may make alternative arrangements for the provision supply of Services during the period of the Provider's non-performance (and for such reasonable time afterwards as may be necessary to secure an alternative provider or providers at the time the alternative arrangement is are entered into) as Te Whatu Xxx the DHB sees fit but after consultation with the Provider.
Appears in 1 contract
Samples: Integrated Pharmacist Services in the Community Agreement