Common use of Undelivered Services Clause in Contracts

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 Delivered in accordance with Clauses 7 7.1 (Provision of the Goods and/or Services), 8.2(Time 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 the applicable Call Off Contract Charges which sit outside the applicable ESFA funding band for the Services that were not so delivered Delivered until such time as the undelivered services Undelivered Services are deliveredDelivered. 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 7.1, (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) and meet the relevant Milestone Date (if any) to be a material Default. Subject to Clauses 22.10 33.9.2 and 22.21 33.9.3 (IPR Indemnity) and without prejudice to any other rights and remedies of the Customer howsoever arising (including under Clauses 8.6 8.4.2 (Undelivered Services) and 27(Customer 38 (Customer Remedies for Default)), the Supplier shall, where practicable: remedy any breach of its obligations in Clauses 7 and 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); 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 Delivered in accordance with Clauses 7 7.1 (Provision of the Goods and/or Services), 8.2(Time 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 the applicable Call Off Contract Charges which sit outside the applicable ESFA funding band for the Services that were not so delivered Delivered until such time as the undelivered services Undelivered Services are deliveredDelivered. 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 7.1, (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) and meet the relevant Milestone Date (if any) to be a material Default. Subject to Clauses 22.10 33.9.2 and 22.21 33.9.3 (IPR Indemnity) and without prejudice to any other rights and remedies of the Customer howsoever arising (including under Clauses 8.6 8.4.2 (Undelivered Services) and 27(Customer 38 (Customer Remedies for Default)), the Supplier Service Provider shall, where practicable: remedy any breach of its obligations in Clauses 7 and 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); 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 Delivered in accordance with Clauses 7 7.1 (Provision of the Goods and/or Services), 8.2(Time 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 the applicable Contract Charges which sit outside the applicable ESFA funding band for the Services that were not so delivered Delivered until such time as the undelivered services Undelivered Services are deliveredDelivered. 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 7.1, (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) and meet the relevant Milestone Date (if any) to be a material Default. Subject to Clauses 22.10 33.9.2 and 22.21 33.9.3 (IPR Indemnity) and without prejudice to any other rights and remedies of the Customer howsoever arising (including under Clauses 8.6 8.4.2 (Undelivered Services) and 27(Customer 38 (Customer Remedies for Default)), the Supplier shall, where practicable: remedy any breach of its obligations in Clauses 7 and 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); 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 Delivered in accordance with Clauses 7 7.1 (Provision of the Goods and/or Services), 8.2(Time 8.1 (Time of Delivery of the Services) and 8.3 and 8.4 8.2 (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 the applicable Call Off Contract Charges which sit outside the applicable ESFA funding band for the Services that were not so delivered Delivered until such time as the undelivered services Undelivered Services are deliveredDelivered. 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 7.1, (Provision of the Goods and/or Services), 8.2 8.1 (Time of Delivery of the Services) and 8.3 and 8.4 8.2 (Location and Manner of Delivery of the Services) and meet the relevant Milestone Date (if any) to be a material Default. Subject to Clauses 22.10 35.9.2 and 22.21 35.9.3 (IPR Indemnity) and without prejudice to any other rights and remedies of the Customer howsoever arising (including under Clauses 8.6 8.3.2 (Undelivered Services) and 27(Customer 42 (Customer Remedies for Default)), the Supplier shall, where practicableas soon as reasonably possible: remedy any breach of its obligations in Clauses Error: Reference source not found and 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); 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 Delivered in accordance with Clauses 7 7.1 (Provision of the Goods Products and/or Services), 8.2(Time 9.2 (Time of Delivery of the Services) and 8.3 and 8.4 9.3 (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 any the applicable Call Off Contract Charges which sit outside the applicable ESFA funding band for the Services that were not so delivered Delivered until such time as the undelivered services Undelivered Services are deliveredDelivered. 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 7.1, (Provision of the Goods Products and/or Services), 8.2 9.2 (Time of Delivery of the Services) and 8.3 and 8.4 9.3 (Location and Manner of Delivery of the Services) and meet the relevant Milestone Date (if any) to be a material Default. Subject to Clauses 22.10 36.9.2 and 22.21 36.9.3 (IPR Indemnity) and without prejudice to any other rights and remedies of the Customer howsoever arising (including under Clauses 8.6 9.4.2 (Undelivered Services) and 27(Customer 41 (Customer Remedies for Default)), the Supplier shall, where practicable: remedy any breach of its obligations in Clauses 8 7 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); 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 Delivered in accordance with Clauses 7 8.1 (Provision of the Goods and/or Services), 8.2(Time 9.2 (Time of Delivery of the Services) and 8.3 and 8.4 9.3 (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 any the applicable Call Off Contract Charges which sit outside the applicable ESFA funding band for the Services that were not so delivered Delivered until such time as the undelivered services Undelivered Services are deliveredDelivered. 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 8.1, (Provision of the Goods and/or Services), 8.2 9.2 (Time of Delivery of the Services) and 8.3 and 8.4 9.3 (Location and Manner of Delivery of the Services) and meet the relevant Milestone Date (if any) to be a material Default. Subject to Clauses 22.10 35.9.2 and 22.21 35.9.3 (IPR Indemnity) and without prejudice to any other rights and remedies of the Customer howsoever arising (including under Clauses 8.6 9.4.2 (Undelivered Services) and 27(Customer 40 (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); 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 Delivered in accordance with Clauses 7 8 (Provision of the Goods and/or Services), 8.2(Time 10.1.2 (Time of Delivery of the Services) and 8.3 and 8.4 10.1.4 (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 the applicable Call Off Contract Charges which sit outside the applicable ESFA funding band for the Services that were not so delivered Delivered until such time as the undelivered services Undelivered Services are deliveredDelivered. 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 8, (Provision of the Goods and/or Services), 8.2 10.1.2 (Time of Delivery of the Services) and 8.3 and 8.4 10.1.4 (Location and Manner of Delivery of the Services) and meet the relevant Milestone Date (if any) to be a material Default. Subject to Clauses 22.10 45.1.2 and 22.21 45.1.3 (IPR Indemnity) and without prejudice to any other rights and remedies of the Customer howsoever arising (including under Clauses 8.6 10.1.9 (Undelivered Services) and 27(Customer 53 (Customer Remedies for Default)), the Supplier shall, where practicable: remedy any breach of its obligations in Clauses 8 7 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); 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 Delivered in accordance with Clauses 7 7.1 (Provision of the Goods and/or Services), 8.2(Time 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 CustomerContracting Authority, without prejudice to any other rights and remedies of the Customer Contracting Authority howsoever arising, shall be entitled to withhold payment of any the applicable Call Off Contract Charges which sit outside the applicable ESFA funding band for the Services that were not so delivered Delivered until such time as the undelivered services Undelivered Services are deliveredDelivered. The Customer Contracting Authority may, at its discretion and without prejudice to any other rights and remedies of the Customer Contracting Authority howsoever arising, deem the failure to comply with Clauses 7 7.1, (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) and meet the relevant Milestone Date (if any) to be a material Default. Subject to Clauses 22.10 33.9.2 and 22.21 33.9.3 (IPR Indemnity) and without prejudice to any other rights and remedies of the Customer Contracting Authority howsoever arising (including under Clauses 8.6 8.4.2 (Undelivered Services) and 27(Customer 38 (Contracting Authority Remedies for Default)), the Supplier shall, where practicable: remedy any breach of its obligations in Clauses Error: Reference source not found and 8 and 9 within three (3) Working Days of becoming aware of the relevant Default or being notified of the Default by the Customer Contracting Authority or within such other time period as may be agreed with the Customer Contracting Authority (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 Delivered in accordance with Clauses 7 8 (Provision of the Goods and/or Services), 8.2(Time 10.1.2 (Time of Delivery of the Services) and 8.3 and 8.4 10.1.4 (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 the applicable Contract Charges which sit outside the applicable ESFA funding band for the Services that were not so delivered Delivered until such time as the undelivered services Undelivered Services are deliveredDelivered. 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 8, (Provision of the Goods and/or Services), 8.2 10.1.2 (Time of Delivery of the Services) and 8.3 and 8.4 10.1.4 (Location and Manner of Delivery of the Services) and meet the relevant Milestone Date (if any) to be a material Default. Subject to Clauses 22.10 42.1.23 and 22.21 42.1.24 (IPR Indemnity) and without prejudice to any other rights and remedies of the Customer howsoever arising (including under Clauses 8.6 10.1.9 (Undelivered Services) and 27(Customer 48 (Customer Remedies for Default)), the Supplier shall, where practicable: remedy any breach of its obligations in Clauses 8 7 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); 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 Delivered in accordance with Clauses 7 7.1 (Provision of the Goods and/or and Services), 8.2(Time 8.1 (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 the applicable Call Off Contract Charges which sit outside the applicable ESFA funding band for the Services that were not so delivered Delivered until such time as the undelivered services Undelivered Services are deliveredDelivered. 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 7.1, (Provision of the Goods and/or and Services), 8.2 8.1 (Time of Delivery of the Services) and 8.3 and 8.4 (Location and Manner of Delivery of the Services) and meet the relevant Milestone Date (if any) to be a material Default. Subject to Clauses 22.10 33.9.2 and 22.21 33.9.3 (IPR Indemnity) and without prejudice to any other rights and remedies of the Customer howsoever arising (including under Clauses 8.6 8.3.2 (Undelivered Services) and 27(Customer 38 (Customer Remedies for Default)), the Supplier shall, where practicable: remedy any breach of its obligations in Clauses 7 and 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); 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 Delivered in accordance with Clauses 7 7.1 (Provision of the Goods and/or Services), 8.2(Time 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 CustomerContracting Authority, without prejudice to any other rights and remedies of the Customer Contracting Authority howsoever arising, shall be entitled to withhold payment of any the applicable Call Off Contract Charges which sit outside the applicable ESFA funding band for the Services that were not so delivered Delivered until such time as the undelivered services Undelivered Services are deliveredDelivered. The Customer Contracting Authority may, at its discretion and without prejudice to any other rights and remedies of the Customer Contracting Authority howsoever arising, deem the failure to comply with Clauses 7 7.1, (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) and meet the relevant Milestone Date (if any) to be a material Default. Subject to Clauses 22.10 33.9.2 and 22.21 33.9.3 (IPR Indemnity) and without prejudice to any other rights and remedies of the Customer Contracting Authority howsoever arising (including under Clauses 8.6 8.4.2 (Undelivered Services) and 27(Customer 38. (Contracting Authority Remedies for Default)), the Supplier shall, where practicable: remedy any breach of its obligations in Clauses 8 Error: Reference source not found and 9 8. within three (3) Working Days of becoming aware of the relevant Default or being notified of the Default by the Customer Contracting Authority or within such other time period as may be agreed with the Customer Contracting Authority (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 Delivered in accordance with Clauses 7 8 (Provision of the Goods and/or Services), 8.2(Time 10.1.2 (Time of Delivery of the Services) and 8.3 and 8.4 10.1.4 (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 the applicable Call Off Contract Charges which sit outside the applicable ESFA funding band for the Services that were not so delivered Delivered until such time as the undelivered services Undelivered Services are deliveredDelivered. 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 8, (Provision of the Goods and/or Services), 8.2 10.1.2 (Time of Delivery of the Services) and 8.3 and 8.4 10.1.4 (Location and Manner of Delivery of the Services) and meet the relevant Milestone Date (if any) to be a material Default. Subject to Clauses 22.10 43.1.23 and 22.21 43.1.24 (IPR Indemnity) and without prejudice to any other rights and remedies of the Customer howsoever arising (including under Clauses 8.6 10.1.9 (Undelivered Services) and 27(Customer 49 (Customer Remedies for Default)), the Supplier shall, where practicable: remedy any breach of its obligations in Clauses 8 7 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); 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 Delivered in accordance with Clauses 7 (Provision of the Goods and/or Services), 8.2(Time (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 the applicable Call Off Contract Charges which sit outside the applicable ESFA funding band for the Services that were not so delivered Delivered until such time as the undelivered services Undelivered Services are deliveredDelivered. 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) and meet the relevant Milestone Date (if any) to be a material Default. Subject to Clauses 22.10 38.1.23 and 22.21 38.1.24 (IPR Indemnity) and without prejudice to any other rights and remedies of the Customer howsoever arising (including under Clauses 8.6 13.1.6 (Undelivered Services) and 27(Customer 43. (Customer Remedies for Default)), the Supplier shall, where practicable: remedy any breach of its obligations in Clauses 8 12. and 9 13. 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 Delivered in accordance with Clauses 7 7.1 (Provision of the Goods and/or Services), 8.2(Time 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 the applicable Call Off Contract Charges which sit outside the applicable ESFA funding band for the Services that were not so delivered Delivered until such time as the undelivered services Undelivered Services are deliveredDelivered. 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 7.1, (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) and meet the relevant Milestone Date (if any) to be a material Default. Subject to Clauses 22.10 33.9.2 and 22.21 33.9.3 (IPR Indemnity) and without prejudice to any other rights and remedies of the Customer howsoever arising (including under Clauses 8.6 8.4.2 (Undelivered Services) and 27(Customer 38. (Customer Remedies for Default)), the Supplier shall, where practicable: remedy any breach of its obligations in Clauses 8 7. and 9 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 Delivered in accordance with Clauses 7 8 (Provision of the Goods and/or Services), 8.2(Time 10.1.2 (Time of Delivery of the Services) and 8.3 and 8.4 10.1.4 (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 the applicable Call Off Contract Charges which sit outside the applicable ESFA funding band for the Services that were not so delivered Delivered until such time as the undelivered services Undelivered Services are deliveredDelivered. 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 8, (Provision of the Goods and/or Services), 8.2 10.1.2 (Time of Delivery of the Services) and 8.3 and 8.4 10.1.4 (Location and Manner of Delivery of the Services) and meet the relevant Milestone Date (if any) to be a material Default. Subject to Clauses 22.10 43.1.2 and 22.21 43.1.3 (IPR Indemnity) and without prejudice to any other rights and remedies of the Customer howsoever arising (including under Clauses 8.6 10.1.9 (Undelivered Services) and 27(Customer 51 (Customer Remedies for Default)), the Supplier shall, where practicable: remedy any breach of its obligations in Clauses 8 7 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); and meet all the costs of, and incidental to, the performance of such remedial work.