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 7.1 (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), 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 7 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), 8.2 8.1 (Time of Delivery of the Services) and 8.3 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 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 8.1 (Time of Delivery of the Services) and 8.3 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 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 8.3.2 (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 7 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 8 (Provision of the Services), 8.2 7.2 (Time of Delivery of the Services) and 8.3 7.3 (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 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 7.18, (Provision of the Services), 8.2 7.2 (Time of Delivery of the Services) and 8.3 7.3 (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 30.9.2 and 33.9.3 40.1.243 (IPR Indemnity) and without prejudice to any other rights and remedies of the Customer howsoever arising (including under Clauses 8.4.2 7.4.2 (Undelivered Services) and 38 35 (Customer Remedies for Default)), the Supplier shall, where practicable: remedy any breach of its obligations in Clauses Error: Reference source not found 7 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), 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 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 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), 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 38. (Customer Remedies for Default)), the Supplier shall, where practicable: remedy any breach of its obligations in Clauses Error: Reference source not found 8 and 8 38 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), 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 38 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), 8.2 8.1 (Time of Delivery of the Services) and 8.3 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 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 8.1 (Time of Delivery of the Services) and 8.3 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 33.9.2 31.9.2 and 33.9.3 31.9.3 (IPR Indemnity) and without prejudice to any other rights and remedies of the Customer howsoever arising (including under Clauses 8.4.2 8.3.2 (Undelivered Services) and 38 36 (Customer Remedies for Default)), the Supplier shall, where practicable: remedy any breach of its obligations in Clauses Error: Reference source not found 7 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), 8.2 8.1 (Time of Delivery of the Services) and 8.3 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 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 8.1 (Time of Delivery of the Services) and 8.3 8.2 (Location and Manner of Delivery of the Services) and meet the relevant Milestone Date (if any) to be a material Default. breach of condition.. 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 8.3.2 (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 7 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), 8.2 8.1 (Time of Delivery of the Services) and 8.3 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 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 8.1 (Time of Delivery of the Services) and 8.3 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 33.9.2 34.9.2 and 33.9.3 34.9.3 (IPR Indemnity) and without prejudice to any other rights and remedies of the Customer howsoever arising (including under Clauses 8.4.2 8.3.2 (Undelivered Services) and 38 39. (Customer Remedies for Default)), the Supplier shall, where practicable: remedy any breach of its obligations in Clauses Error: Reference source not found 7. and 8 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), 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 34.9.2 and 33.9.3 34.9.3 (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 39 (Customer Remedies for Default)), the Supplier shall, where practicable: remedy any breach of its obligations in Clauses Error: Reference source not found and Clause 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.