Supplier Termination Event definition

Supplier Termination Event the Supplier's level of performance constituting a Critical Performance Failure; the Supplier committing a material Default which is irremediable; as a result of the Supplier's Default, the Authority incurring Losses in any Contract Year which exceed 80% of the value of the aggregate annual liability cap for that Contract Year as set out in clause 25.6.1 (Financial limits); a Remedial Adviser Failure; a Rectification Plan Failure; where a right of termination is expressly reserved in this Agreement, including pursuant to: clause 19 (IPRs Indemnity); clause 39.6.2 (Prevention of fraud and bribery); and/or paragraph 4 of schedule 7.4 (Financial Distress); the representation and warranty given by the Supplier pursuant to clause 3.2.1 (Warranties) being materially untrue or misleading; the Supplier committing a material Default under clause 10.10 (Promoting tax compliance) or failing to provide details of steps being taken and mitigating factors pursuant to clause 10.10 (Promoting tax compliance) which in the reasonable opinion of the Authority are acceptable; the Supplier committing a material Default under any of the following clauses: clause 5.5.11 (Services); clause 23 (Protection of Personal Data); clause 22 (Freedom of Information); clause 21 (Confidentiality); and clause 35 (Compliance); and/or in respect of any security requirements set out in schedule 2.1 (Services Description), schedule 2.4 (Security Management) or the Baseline Security Requirements; and/or in respect of any requirements set out in schedule 9.1 (Staff Transfer); any failure by the Supplier to implement the changes set out in a Benchmark Report as referred to in paragraph 5.9 of schedule 7.3 (Benchmarking); an Insolvency Event occurring in respect of the Supplier or the Guarantor; any Guarantee given pursuant to paragraph 3.3.2.3 of Schedule 7.4 (Financial Distress) ceasing to be valid or enforceable for any reason (without the Guarantee being replaced with a comparable guarantee to the satisfaction of the Authority with the Guarantor or with another guarantor which is acceptable to the Authority); a change of Control of the Supplier or a Guarantor unless: the Authority has given its prior written consent to the particular Change of Control, which subsequently takes place as proposed; or the Authority has not served its notice of objection within six (6) months of the later of the date on which the Change of Control took place or the date on which the Authority was given notice of the...
Supplier Termination Event. (a) the Supplier’s level of performance constituting a Critical Performance Failure; (b) the Supplier committing a material Default which is irremediable; (c) as a result of the Supplier's Default, the Authority incurring Losses in any Contract Year which exceed 80% of the value of the aggregate annual liability cap for that Contract Year as set out in Clause 26.6(a) (Financial and other Limits);
Supplier Termination Event. (a) the Supplier’s level of performance constituting a Critical Performance Failure; (b) the Supplier committing a material Default which is irremediable; (c) as a result of the Supplier's Default, the Authority incurring Losses in any Contract Year which exceed 80% of the value of the aggregate annual liability cap for that Contract Year as set out in Clause 26.6(a) (Financial and other Limits); (d) a Remedial Adviser Failure; (e) a Rectification Plan Failure; (f) where a right of termination is expressly reserved in this Agreement, including pursuant to:

Examples of Supplier Termination Event in a sentence

  • Any failure by the Supplier to implement the changes as set out in the Benchmark Report in accordance with the relevant timescales determined in accordance with Paragraph 5.3 (unless the provisions of Paragraph 5.6 and/or Paragraph 5.7 apply) or in accordance with Paragraph 5.8 shall, without prejudice to any other rights or remedies of the Authority, constitute a Supplier Termination Event.

  • For the avoidance of doubt, if the Intervention Cause is also a Supplier Termination Event, the Authority has no obligation to exercise its rights under this Clause 30.1 prior to or instead of exercising its right to terminate this Agreement.

  • If: the Supplier notifies the Authority pursuant to Clause 28.1 that a Notifiable Default has occurred; or the Authority notifies the Supplier that it considers that a Notifiable Default has occurred (setting out sufficient detail so that it is reasonably clear what the Supplier has to rectify), then, unless the Notifiable Default also constitutes a Supplier Termination Event and the Authority serves a Termination Notice, the Supplier shall comply with the Rectification Plan Process.

  • So long as a Supplier Termination Event (as defined in the Accommodation Agreement) has not occurred and is not continuing, (i) the liens provided in this Agreement shall not be altered or otherwise affected by any action or inaction which any of the Parties may take or fail to take in respect of the Collateral and (ii) each Party agrees that it will not contest the validity, perfection, priority or enforceability of the liens of the Consenting OEMs in the Collateral.

  • If the Authority consents to the Rectification Plan: the Supplier shall immediately start work on the actions set out in the Rectification Plan; and the Authority may no longer terminate this Agreement in whole or in part on the grounds of the relevant Notifiable Default; save in the event of a Rectification Plan Failure or other Supplier Termination Event.


More Definitions of Supplier Termination Event

Supplier Termination Event. (a) the Supplier’s level of performance constituting an Unacceptable KPI Failure or a Critical KPI Failure; (b) the Supplier's level of performance constitutes a Persistent Breach; (c) the Supplier committing a material Default which is irremediable; (d) as a result of the Supplier's Default, the Authority incurring Losses in any Contract Year which exceed eighty per cent (80)% of the value of the aggregate annual liability cap for that Contract Year as set out in Clause 25.4(a) (Financial Limits); (e) a Rectification Plan Failure;
Supplier Termination Event means any of the events set out in Clause 47.1.4 of the Call-Off Terms; "Supplier" means Capita Business Services Limited; "Supplier's Final Supplier Personnel List" means a list provided by the Supplier of all Supplier Personnel who will transfer under the Employment Regulations on the Relevant Transfer Date;
Supplier Termination Event. (a) the Supplier’s level of performance
Supplier Termination Event means under a relevant Call‑Off Contract:- the Supplier's level of performance constituting a Critical Performance Failure the Supplier committing a material Default which is irremediable as a result of the Supplier's Default, the Customer incurring Losses in any Call‑Off Contract Year which exceed 80% of the value of the aggregate annual liability cap for that Call‑Off Contract Year as set out in Clause 28.4.3 not used a Rectification Plan Failure where a right of termination is expressly reserved, including pursuant to:- Clause 21 (IPRs indemnity) Clause 44.6.2 (Prevention of Fraud and Bribers) Clause 40.13.2 (Modern Slavery) Paragraph 7 of Schedule 7.4 (Financial Distress) of the Framework Agreement and/or Paragraph 3 of Part 2 to Schedule 8.6 (Service Continuity Plan and Corporate Resolution Planning) of the Framework Agreement and/or Paragraph 4.4(c) of Schedule 6.1 (Call‑Off Implementation) the representation and warranty given by the Supplier pursuant to Clause 3.2.9 being materially untrue or misleading the Supplier committing a material Default under Clause 12.8 or failing to provide details of steps being taken and mitigating factors pursuant to Clause 12.8 which in the reasonable opinion of the Authority or Customer (as applicable) are acceptable the Supplier committing a material Default under any of the following Clauses:- Clause 8.6.10 (Services) Clause 26 (Protection of Personal Data) Clause 25 (Transparency and Freedom of Information) Clause 24 (Confidentiality) Clause 40 (Compliance) in respect of any security requirements set out in Schedule 2.1 (Services Description), Schedule 2.1 (Call‑Off Services Description) Schedule 2.4 (Information Security and Assurance) or the Baseline Security Requirements and/or in respect of any requirements set out in the Relevant Staff Transfer Schedule an Insolvency Event occurring in respect of the Supplier or the Guarantor the Guarantee ceasing to be valid or enforceable for any reason (without the Guarantee being replaced with a comparable guarantee to the satisfaction of the Customer with the Guarantor or with another guarantor which is acceptable to the Customer) a change of Control of the Supplier or a Guarantor unless:- the Customer has given its prior written consent to the particular Change of Control, which subsequently takes place as proposed or the Customer has not served its notice of objection within six (6) months of the later of the date on which the Change of Control took place or the date ...
Supplier Termination Event. (a) the Supplier’s level of performance constituting a Critical Performance Failure; (b) the Supplier committing a material Default which is irremediable; (c) as a result of the Supplier's Default, the Authority incurring Losses in any Contract Year which exceed 80% of the value of the aggregate annual liability cap for that Contract Year as set out in Clause 26.6(a) (Financial and other Limits); (d) a Remedial Adviser Failure; (e) a Rectification Plan Failure; (f) where a right of termination is expressly reserved in this Agreement, including pursuant to: (i) Clause 19 (IPRs Indemnity); (ii) Clause 40.6(b) (Prevention of Fraud and Bribery); and/or (iii) Paragraph 6 of Schedule 7.4 (Financial Distress); (iv) Paragraph 12 of Part B to Schedule 8.6 (Service Continuity
Supplier Termination Event. (a) NOT USED; (b) the Supplier committing a material Default which is irremediable; (c) as a result of the Supplier's Default, the Authority incurring Losses which exceed 50% of the value of the aggregate liability cap as set out in Clause 25.6(a) (Financial Limits); (d) a Remedial Adviser Failure; (e) a Rectification Plan Failure; (f) where a right of termination is expressly reserved in this Agreement, including pursuant to: (i) Clause 19 (IPRs Indemnity);
Supplier Termination Event. (a) the Supplier’s level of performance constituting a Unacceptable KPI Failure; (b) the Supplier committing a material Default which is irremediable; (c) as a result of the Supplier's Default, the Authority incurring Losses in any Contract Year which exceed 80% of the value of the aggregate annual liability cap for that Contract Year as set out in Clause 27.6(a) (Financial Limits); (d) where a right of termination is expressly reserved in this Agreement, including pursuant to: (i) Clause 20 (IPRs Indemnity); and/or (ii) Clause 41.6(b) (Prevention of Fraud and ▇▇▇▇▇▇▇); (e) the Supplier committing a material Default under any of the following Clauses: (i) Clause 5.4(j) (Services); (ii) Clause 25 (Protection of Personal Data);