CHARGES AND INVOICING. In consideration of the Supplier carrying out its obligations under this Agreement, including the provision of the Services, the Authority shall pay the Charges to the Supplier in accordance with the pricing and payment profile and the invoicing procedure specified in Schedule 7.1 (Charges and Invoicing). Except as otherwise provided, each Party shall each bear its own costs and expenses incurred in respect of compliance with its obligations under Clauses 6.7 (Testing and Achievement of Milestones), 12 (Records, Reports, Audits and Open Book Data), 23 (Transparency and Freedom of Information), 24 (Protection of Personal Data) and, to the extent specified therein, Clause 30 (Remedial Adviser) and Clause 31 (Step-In Rights). If the Authority fails to pay any undisputed Charges properly invoiced under this Agreement, the Supplier shall have the right to charge interest on the overdue amount at the applicable rate under the Late Payment of Commercial Debts (Interest) Act 1998, accruing on a daily basis from the due date up to the date of actual payment, whether before or after judgment. The Charges are stated exclusive of VAT, which shall be added at the prevailing rate as applicable and paid by the Authority following delivery of a valid VAT invoice. The Supplier shall indemnify the Authority on a continuing basis against any liability, including any interest, penalties or costs incurred, that is levied, demanded or assessed on the Authority at any time in respect of the Supplier's failure to account for or to pay any VAT relating to payments made to the Supplier under this Agreement. Any amounts due under this Clause 10.5 shall be paid in cleared funds by the Supplier to the Authority not less than five Working Days before the date upon which the tax or other liability is payable by the Authority. The Authority may set off any amount owed by the Supplier to the Crown or any part of the Crown (including the Authority) against any amount due to the Supplier under this Agreement or under any other agreement between the Supplier and the Authority. If the Authority wishes to: set off any amount owed by the Supplier to the Crown or any part of the Crown (including the Authority) against any amount due to the Supplier pursuant to Clause 10.6; or exercise its right pursuant to Clause 7.2.1(d)(ii) (Performance Failures) to withhold payment of a proportion of the Service Charges, it shall give notice to the Supplier within thirty (30) days of receipt of the relevant invoice, setting out the Authority’s reasons for withholding or retaining the relevant Charges.
Appears in 1 contract
Sources: Services Agreement
CHARGES AND INVOICING. In consideration of the Supplier carrying out its obligations under this Agreement, including the provision of the Services, the Authority shall pay the Charges to the Supplier in accordance with the pricing and payment profile and the invoicing procedure specified in Schedule 7.1 (Charges and Invoicing). Except as otherwise provided, each Party shall each bear its own costs and expenses incurred in respect of compliance with its obligations under Clauses 6.7 (Testing and Achievement of Milestones), 12 (Records, Reports, Audits and Open Book Data), 23 (Transparency and Freedom of Information), 24 (Protection of Personal Data) and, to the extent specified therein, Clause 30 (Remedial Adviser) and Clause 31 (Step-In Rights). If the Authority fails to pay any undisputed Charges properly invoiced under this Agreement, the Supplier shall have the right to charge interest on the overdue amount at the applicable rate under the Late Payment of Commercial Debts (Interest) Act 1998, accruing on a daily basis from the due date up to the date of actual payment, whether before or after judgment. The Charges are stated exclusive of VAT, which shall be added at the prevailing rate as applicable and paid by the Authority following delivery of a valid VAT invoice. The Supplier shall indemnify the Authority on a continuing basis against any liability, including any interest, penalties or costs incurred, that is levied, demanded or assessed on the Authority at any time in respect of the Supplier's failure to account for or to pay any VAT relating to payments made to the Supplier under this Agreement. Any amounts due under this Clause 10.5 shall be paid in cleared funds by the Supplier to the Authority not less than five Working Days before the date upon which the tax or other liability is payable by the Authority. The Authority may set off any amount owed by the Supplier to the Crown or any part of the Crown (including the Authority) against any amount due to the Supplier under this Agreement or under any other agreement between the Supplier and the Authority. If the Authority wishes to: set off any amount owed by the Supplier to the Crown or any part of the Crown (including the Authority) against any amount due to the Supplier pursuant to Clause 10.6; or exercise its right pursuant to Clause 7.2.1(d)(ii) Error: Reference source not found (Performance Failures) to withhold payment of a proportion of the Service Charges, it shall give notice to the Supplier within thirty (30) days of receipt of the relevant invoice, setting out the Authority’s reasons for withholding or retaining the relevant Charges.
Appears in 1 contract
Sources: Services Agreement
CHARGES AND INVOICING. In consideration of the Supplier carrying out its obligations under this AgreementContract, including the provision of the Services, the Authority Buyer shall pay the Charges to the Supplier in accordance with the pricing and payment profile and the invoicing procedure specified in Schedule 7.1 (Charges and Invoicing). Except as otherwise provided, each Party shall each bear its own costs and expenses incurred in respect of compliance with its obligations under Clauses 6.7 (Testing and Achievement of Milestones), 12 (Records, Reports, Audits and Open Book Data), 23 22 (Transparency and Freedom of Information), 24 23 (Protection of Personal Data) and, to the extent specified therein, Clause 30 29 (Remedial Adviser) and Clause 31 30 (Step-In Rights). If the Authority Buyer fails to pay any undisputed Charges properly invoiced under this AgreementContract, the Supplier shall have the right to charge interest on the overdue amount at the applicable rate under the Late Payment of Commercial Debts (Interest) Act 1998, accruing on a daily basis from the due date up to the date of actual payment, whether before or after judgment. The Charges are stated exclusive of VAT, which shall be added at the prevailing rate as applicable and paid by the Authority Buyer following delivery of a valid VAT invoice. The Supplier shall indemnify the Authority Buyer on a continuing basis against any liability, including any interest, penalties or costs incurred, that is levied, demanded or assessed on the Authority Buyer at any time in respect of the Supplier's failure to account for or to pay any VAT relating to payments made to the Supplier under this AgreementContract. Any amounts due under this Clause 10.5 shall be paid in cleared funds by the Supplier to the Authority Buyer not less than five Working Days before the date upon which the tax or other liability is payable by the Authority. The Authority may set off any amount owed by the Supplier to the Crown or any part of the Crown (including the Authority) against any amount due to the Supplier under this Agreement or under any other agreement between the Supplier and the Authority. If the Authority wishes to: set off any amount owed by the Supplier to the Crown or any part of the Crown (including the Authority) against any amount due to the Supplier pursuant to Clause 10.6; or exercise its right pursuant to Clause 7.2.1(d)(ii) (Performance Failures) to withhold payment of a proportion of the Service Charges, it shall give notice to the Supplier within thirty (30) days of receipt of the relevant invoice, setting out the Authority’s reasons for withholding or retaining the relevant ChargesBuyer.
Appears in 1 contract
Sources: Call Off Terms