Undelivered Services. In the event that any of the Services are not delivered in accordance with Clauses 7 (Provision of the Goods and/or Services), 8.2(Time of Delivery of the Services) and 8.3 and 8.4 (Location and Manner of Delivery of the Services) ("Undelivered Services"), the Customer, without prejudice to any other rights and remedies of the Customer howsoever arising, shall be entitled to withhold payment of any applicable Contract Charges which sit outside the applicable ESFA funding band for the Services that were not so delivered until such time as the undelivered services are delivered. The Customer may, at its discretion and without prejudice to any other rights and remedies of the Customer howsoever arising, deem the failure to comply with Clauses 7 (Provision of the Goods and/or Services), 8.2 (Time of Delivery of the Services) and 8.3 and 8.4 (Location and Manner of Delivery of the Services) to be a material Default. Subject to Clauses 22.10 and 22.21 (IPR Indemnity) and without prejudice to any other rights and remedies of the Customer howsoever arising (including under Clauses 8.6 (Undelivered Services) and 27(Customer Remedies for Default)), the Supplier shall, where practicable: remedy any breach of its obligations in Clauses 8 and 9 within three (3) Working Days of becoming aware of the relevant Default or being notified of the Default by the Customer or within such other time period as may be agreed with the Customer (taking into account the nature of the breach that has occurred); meet all the costs of, and incidental to, the performance of such remedial work
Undelivered Services. In the event that any of the Services are not Delivered in accordance with Clauses 7.1 (Provision of the Services), 8.2 (Time of Delivery of the Services) and 8.3 (Location and Manner of Delivery of the Services) ("Undelivered Services"), the Customer, without prejudice to any other rights and remedies of the Customer howsoever arising, shall be entitled to withhold payment of the applicable Call Off Contract Charges for the Services that were not so Delivered until such time as the Undelivered Services are Delivered. The Customer may, at its discretion and without prejudice to any other rights and remedies of the Customer howsoever arising, deem the failure to comply with Clauses 7.1, (Provision of the Services), 8.2 (Time of Delivery of the Services) and 8.3 (Location and Manner of Delivery of the Services) and meet the relevant Milestone Date (if any) to be a material Default. Subject to Clauses 33.9.2 and 33.9.3 (IPR Indemnity) and without prejudice to any other rights and remedies of the Customer howsoever arising (including under Clauses 8.4.2 (Undelivered Services) and 38 (Customer Remedies for Default)), the Supplier shall, where practicable: remedy any breach of its obligations in Clauses Error: Reference source not found and 8 within three (3) Working Days of becoming aware of the relevant Default or being notified of the Default by the Customer or within such other time period as may be agreed with the Customer (taking into account the nature of the breach that has occurred); and meet all the costs of, and incidental to, the performance of such remedial work.
Undelivered Services. In the event that any of the Services are not Delivered in accordance with Clauses 7.1 (Provision of the Services) and 7.2 (Time of Delivery of the Services) (Undelivered Services), the Customer, without prejudice to any other rights and remedies of the Customer howsoever arising, shall be entitled to withhold payment of the applicable Call Off Contract Charges for the Services that were not so Delivered until such time as the Undelivered Services are Delivered. The Customer may, at its discretion and without prejudice to any other rights and remedies of the Customer howsoever arising, deem the failure to comply with Clauses 7.1, (Provision of the Services), 7.2 (Time of Delivery of the Services) and meet the relevant Milestone Date (if any) to be a material Default.
Undelivered Services. 8.4.1 In the event that any of the Services are not Delivered in accordance with Clauses 7.1 (Provision of the Services), 8.2 (Time of Delivery of the Services) and 8.3 (Location and Manner of Delivery of the Services) ("Undelivered Services"), the Contracting Authority, without prejudice to any other rights and remedies of the Contracting Authority howsoever arising, shall be entitled to withhold payment of the applicable Call Off Contract Charges for the Services that were not so Delivered until such time as the Undelivered Services are Delivered.
8.4.2 The Contracting Authority may, at its discretion and without prejudice to any other rights and remedies of the Contracting Authority howsoever arising, deem the failure to comply with Clauses 7.1, (Provision of the Services), 8.2 (Time of Delivery of the Services) and 8.3 (Location and Manner of Delivery of the Services) and meet the relevant Milestone Date (if any) to be a material Default.
Undelivered Services. In the event that any of the Services are not delivered in accordance with Clauses 7 (Provision of the Services), 8.2 (Time of Delivery of the Services) and 8.3 and 8.4 (Location and Manner of Delivery of the Services) ("Undelivered Services"), the Customer, without prejudice to any other rights and remedies of the Customer howsoever arising, shall be entitled to withhold payment of any applicable Contract Charges for the Services that were not so delivered until such time as the undelivered Services are delivered.
Undelivered Services. 6.4.1 In the event that any of the Services are not Delivered in accordance with Clauses 6.1 (Provision of the Services), Clause 6.2.1 (Time of Delivery of the Services) and 6.3 (Location and Manner of Delivery of the Services) ("Undelivered Services"), the Authority, without prejudice to any other rights and remedies of the Authority howsoever arising, shall be entitled to withhold payment of the applicable Contract Charges for the Services that were not so Delivered until such time as the Undelivered Services are Delivered.
6.4.2 The Authority may, at its discretion and without prejudice to any other rights and remedies of the Authority howsoever arising, deem the failure to comply with Clauses 6.1 (Provision of the Services), Clause 6.2.1 (Time of Delivery of the Services) and Clause 6.3 (Location and Manner of Delivery of the Services) to be a material Default.
Undelivered Services. 8.3.1 In the event that any of the Services are not Delivered in accordance with Clauses 8.1 (Provision of the Services) and 8.2 (Time of Delivery of the Services) ("Undelivered Services"), the Authority, without prejudice to any other rights and remedies of the Authority howsoever arising, shall be entitled to withhold payment of the applicable Contract Charges for the Services that were not so Delivered until such time as the Undelivered Services are Delivered.
8.3.2 The Authority may, at its discretion and without prejudice to any other rights and remedies of the Authority howsoever arising, deem the failure to comply with Clauses 8.1, (Provision of the Services) and 8.2 (Time of Delivery of the Services)) and meet the relevant Milestone Date (if any) to be a material Default.
Undelivered Services. 8.3.1 In the event that any of the Services are not provided in accordance with Clauses
8.3.2 The Customer may, at its discretion and without prejudice to any other rights and remedies of the Customer howsoever arising, deem the failure to comply with Clauses 7.1, (Provision of the Services), 8.1 (Time of Delivery of the Services) or
Undelivered Services. In the event that any of the Services are not Delivered in accordance with Clauses
Undelivered Services. In the event that not all of the Services are Delivered in accordance with Clause 6.1 ("Undelivered Services") then the Customer shall be entitled to withhold payment (in accordance with Clause 13) of the applicable Call Off Contract Charges for any Services that were not so Delivered (and in accordance with the corresponding Milestone Date, if any) until such time as the Undelivered Services are Delivered. This right shall be without prejudice to any other rights and remedies the Customer has under this Call Off Contract and at Law. [NOT USED] [NOT USED] PROVISION AND REMOVAL OF EQUIPMENT Unless otherwise stated in the Order Form, the Supplier shall provide all the Equipment necessary for the supply of the Services. The Supplier and the Staff shall not deliver any Equipment nor begin any work on the Premises without obtaining Approval. All Equipment brought onto the Premises shall be at the Supplier's own risk and the Customer shall have no liability for any loss of or damage to any Equipment unless and to the extent that the Supplier is able to demonstrate that such loss or damage was caused by or contributed to by the Customer Cause. The Supplier shall be wholly responsible for the haulage or carriage of the Equipment to the Premises and the removal thereof when it is no longer required by the Customer and in each case at the Supplier's sole cost. Unless otherwise stated in this Call Off Contract, Equipment brought onto the Premises will remain the property of the Supplier. The Supplier shall maintain all items of Equipment within the Premises in a safe, serviceable and clean condition. The Supplier shall, at the Customer's written request, at its own expense and as soon as reasonably practicable: remove from the Premises any Equipment or any component part of Equipment which in the reasonable opinion of the Customer is either hazardous, noxious or not in accordance with this Call Off Contract; and replace such Equipment or component part of Equipment with a suitable substitute item of Equipment. Where a failure of Equipment or any component part of Equipment causes two (2) or more Service Failures in any twelve (12) Month period, the Supplier shall notify the Customer in writing and shall, at the Customer’s request (acting reasonably), replace such Equipment or component part thereof at its own cost with a new item of Equipment or component part thereof (of the same specification or having the same capability as the Equipment being replaced). Upon term...