Common use of DEFAULT MANAGEMENT CHARGE Clause in Contracts

DEFAULT MANAGEMENT CHARGE. 6.1 If: 6.1.1 Three (3) MI Failures occur in any rolling six (6) Month period; 6.1.2 Three (3) consecutive MI Failures occur; then a "MI Default" shall be deemed to have occurred. 6.2 If a MI Default occurs the Authority shall (without prejudice to any other rights or remedies available to it under this Framework Agreement) be entitled to determine the level of Management Charge in accordance with paragraph 6.3 below, which the Supplier shall be required to pay to the Authority ("Default Management Charge"). 6.3 The Default Management Charge shall be calculated as the higher of: 6.3.1 the average Management Charge paid or payable by the Supplier to the Authority based on any Management Information submitted in the six (6) Month period preceding the date on which the MI Default arose; or 6.3.2 the sum of five hundred pounds (£500). 6.4 If an MI Default occurs, the Authority shall be entitled to invoice the Supplier the Default Management Charge calculated in accordance with paragraph 6.3 above: 6.4.1 in arrears for those Months in which a MI Failure occurred; and 6.4.2 on an on-going Monthly basis, 6.4.3 until all and any MI Failures have been rectified to the reasonable satisfaction of the Authority. 6.5 For the avoidance of doubt the Parties agree that the Default Management Charge shall be payable as though it were the Management Charge due in accordance with the provisions of Clause 16 of this Framework Agreement. 6.6 If the Supplier provides sufficient Management Information to rectify any MI Failures to the satisfaction of the Authority and the Management Information demonstrates that: 6.6.1 the Supplier has overpaid the Management Charges as a result of the application of the Default Management Charge then the Supplier shall be entitled to a refund of the overpayment, net of any Admin Fees where applicable; or

DEFAULT MANAGEMENT CHARGE. 6.1 If: 6.1.1 Three 6.1. If two (32) or more MI Failures occur in any rolling six (6) Month period; 6.1.2 Three three (3) consecutive MI Failures occur; Month period then a "MI Default" shall be deemed to have occurred. 6.2 6.2. If a an MI Default occurs the Authority shall (without prejudice to any other rights or remedies available to it under this Framework Agreement) be entitled to determine the level of Management Charge in accordance with paragraph 6.3 below6.3, which the Supplier shall be required to pay to the Authority ("Default Management Charge")) and/or to terminate this Framework Agreement. 6.3 6.3. The Default Management Charge shall be calculated as the higher of: 6.3.1 6.3.1. the average Management Charge paid or payable by the Supplier to the Authority based on any Management Information submitted in the six (6) Month period preceding the date on which the MI Default arose; or 6.3.2 6.3.2. the sum of five hundred pounds (£500). 6.4 6.4. If an MI Default occurs, the Authority shall be entitled to invoice the Supplier the Default Management Charge calculated in accordance with paragraph 6.3 above: 6.4.1 6.4.1. in arrears for those Months in which a an MI Failure occurred; and 6.4.2 6.4.2. on an on-going ongoing Monthly basis, 6.4.3 6.4.3. until all and any MI Failures have been rectified to the reasonable satisfaction of the Authority. 6.5 6.5. For the avoidance of doubt the Parties agree that the Default Management Charge shall be payable as though it were the Management Charge due in accordance with the provisions of Clause 16 14 of this Framework Agreement. 6.6 6.6. If the Supplier provides sufficient Management Information to rectify any MI Failures to the satisfaction of the Authority and the Management Information demonstrates that: 6.6.1 6.6.1. the Supplier has overpaid the Management Charges as a result of the application of the Default Management Charge then the Supplier shall be entitled to a refund of the overpayment, net of any Admin Fees where applicable; or 6.6.2. the Supplier has underpaid the Management Charges during the period when a Default Management Charge was applied, then the Authority shall be entitled to immediate payment of the balance as a debt together with interest pursuant to Clause 15.7 (Management Charge). [To be signed by Head of Internal Audit, Finance Director or company’s external auditor] Dear Sirs In accordance with the Framework Agreement entered into on [insert Framework Commencement Date dd/mm/yyyy] between [insert name of supplier] and Government Procurement Service, we confirm the following: 1. In our opinion [name] has in place suitable systems for identifying and recording the orders taking place under the provisions of the above Framework Agreement. 2. We have tested the systems for identifying and reporting on framework activity and found them to be operating satisfactorily. 3. We have tested a sample of [◆] [Insert number of sample transactions tested] orders of Goods and/or Services under Call Off Agreements and related invoices during our audit for the financial year ended [insert financial year] and confirm that: 3.1 such orders of Goods and/or Services under Call Off Agreements are clearly identified in the Supplier’s order processing/invoicing systems as orders of Goods and/or Services under Call Off Agreements under the Framework; 3.2 where required such orders of Goods and/or Services under Call Off Agreements were completely and accurately included in the MI Reports; 3.3 all invoices related to such orders of Goods and/or Services under Call Off Agreements were completely and accurately included in the MI Reports; 3.4 all Charges in relation to such orders of Goods and/or Services under Call Off Agreements comply with the requirements of the Framework on maximum mark-ups, discounts, charge rates and fixed quotes (as applicable). Name:……………………………………………………… Signed:……………………………………………………. Head of Internal Audit/ Finance Director/ External Audit firm (delete as applicable) Date:……………………………………………………….

DEFAULT MANAGEMENT CHARGE. 6.1 If: 6.1.1 Three (3) MI Failures occur in any rolling six (6) Month period; 6.1.2 Three (3) consecutive MI Failures occur; then a "MI Default" shall be deemed to have occurred. 6.2 If a MI Default occurs the Authority shall (without prejudice to any other rights or remedies available to it under this Framework Agreement) be entitled to determine the level of Management Charge in accordance with paragraph 6.3 below, which the Supplier shall be required to pay to the Authority ("Default Management Charge"). 6.3 The Default Management Charge shall be calculated as the higher of: 6.3.1 the average Management Charge paid or payable by the Supplier to the Authority based on any Management Information submitted in the six (6) Month period preceding the date on which the MI Default arose; or 6.3.2 the sum of five hundred pounds (£500). 6.4 If an MI Default occurs, the Authority shall be entitled to invoice the Supplier the Default Management Charge calculated in accordance with paragraph 6.3 above: 6.4.1 in arrears for those Months in which a MI Failure occurred; and 6.4.2 on an on-going Monthly basis, 6.4.3 until all and any MI Failures have been rectified to the reasonable satisfaction of the Authority. 6.5 For the avoidance of doubt the Parties agree that the Default Management Charge shall be payable as though it were the Management Charge due in accordance with the provisions of Clause 16 of this Framework Agreement. 6.6 If the Supplier provides sufficient Management Information to rectify any MI Failures to the satisfaction of the Authority and the Management Information demonstrates that: 6.6.1 the Supplier has overpaid the Management Charges as a result of the application of the Default Management Charge then the Supplier shall be entitled to a refund of the overpayment, net of any Admin Fees where applicable; or 6.6.2 the Supplier has underpaid the Management Charges during the period when a Default Management Charge was applied, then the Authority shall be entitled to immediate payment of a balancing debt sum.

DEFAULT MANAGEMENT CHARGE. 6.1 If: 6.1.1 Three 6.1. If two (32) or more MI Failures occur in any rolling six (6) Month period; 6.1.2 Three three (3) consecutive MI Failures occur; Month period then a "MI Default" shall be deemed to have occurred. 6.2 6.2. If a an MI Default occurs the Authority shall (without prejudice to any other rights or remedies available to it under this Framework Agreement) be entitled to determine the level of Management Charge in accordance with paragraph 6.3 below6.3, which the Supplier shall be required to pay to the Authority ("Default Management Charge")) and/or to terminate this Framework Agreement. 6.3 6.3. The Default Management Charge shall be calculated as the higher of: 6.3.1 6.3.1. the average Management Charge paid or payable by the Supplier to the Authority based on any Management Information submitted in the six (6) Month period preceding the date on which the MI Default arose; or 6.3.2 6.3.2. the sum of five hundred pounds (£500). 6.4 6.4. If an MI Default occurs, the Authority shall be entitled to invoice the Supplier the Default Management Charge calculated in accordance with paragraph 6.3 above: 6.4.1 6.4.1. in arrears for those Months in which a an MI Failure occurred; and 6.4.2 6.4.2. on an on-going ongoing Monthly basis, 6.4.3 6.4.3. until all and any MI Failures have been rectified to the reasonable satisfaction of the Authority. 6.5 6.5. For the avoidance of doubt the Parties agree that the Default Management Charge shall be payable as though it were the Management Charge due in accordance with the provisions of Clause 16 14 of this Framework Agreement. 6.6 6.6. If the Supplier provides sufficient Management Information to rectify any MI Failures to the satisfaction of the Authority and the Management Information demonstrates that: 6.6.1 6.6.1. the Supplier has overpaid the Management Charges as a result of the application of the Default Management Charge then the Supplier shall be entitled to a refund of the overpayment, net of any Admin Fees where applicable; or 6.6.2. the Supplier has underpaid the Management Charges during the period when a Default Management Charge was applied, then the Authority shall be entitled to immediate payment of the balance as a debt together with interest pursuant to Clause 15.7 (Management Charge). [To be signed by Head of Internal Audit, Finance Director or company’s external auditor] Dear Sirs In accordance with the Framework Agreement entered into on [insert Framework Commencement Date dd/mm/yyyy] between [insert name of supplier] and Government Procurement Service, we confirm the following: 1. In our opinion [name] has in place suitable systems for identifying and recording the orders taking place under the provisions of the above Framework Agreement. 2. We have tested the systems for identifying and reporting on framework activity and found them to be operating satisfactorily. 3. We have tested a sample of [◆] [Insert number of sample transactions tested] orders of Goods and/or Services under Call Off Agreements and related invoices during our audit for the financial year ended [insert financial year] and confirm that: 3.1 such orders of Goods and/or Services under Call Off Agreements are clearly identified in the Supplier’s order processing/invoicing systems as orders of Goods and/or Services under Call Off Agreements under the Framework; 3.2 where required such orders of Goods and/or Services under Call Off Agreements were completely and accurately included in the MI Reports; 3.3 all invoices related to such orders of Goods and/or Services under Call Off Agreements were completely and accurately included in the MI Reports; 3.4 all Charges in relation to such orders of Goods and/or Services under Call Off Agreements comply with the requirements of the Framework on maximum ▇▇▇▇-ups, discounts, charge rates and fixed quotes (as applicable). Name:……………………………………………………… Signed:……………………………………………………. Head of Internal Audit/ Finance Director/ External Audit firm (delete as applicable) Date:……………………………………………………….

DEFAULT MANAGEMENT CHARGE. 6.1 If: 6.1.1 Three three (3) MI Failures occur in any rolling six (6) Month period; 6.1.2 Three three (3) consecutive MI Failures occur; then a an "MI Default" shall be deemed to have occurred. 6.2 If a an MI Default occurs occurs, the Authority shall (without prejudice to any other rights or remedies available to it under this Framework Agreement) be entitled to determine the level of Management Charge in accordance with paragraph 6.3 below6.3, which the Supplier shall be required to pay to the Authority (the "Default Management Charge"). 6.3 The Default Management Charge shall be calculated as the higher of: 6.3.1 the average Management Charge paid or payable by the Supplier to the Authority based on any Management Information submitted in the six (6) Month period preceding the date on which the MI Default arose; or 6.3.2 the sum of five hundred pounds sterling (£500). 6.4 If an MI Default occurs, the Authority shall be entitled to invoice the Supplier the Default Management Charge calculated in accordance with paragraph 6.3 above: 6.4.1 in arrears for those Months in which a an MI Failure occurred; and 6.4.2 on an on-going ongoing Monthly basis, 6.4.3 until all and any MI Failures have been rectified to the reasonable satisfaction of the Authority. 6.5 For the avoidance of doubt the Parties agree that the Default Management Charge shall be payable as though it were the Management Charge due in accordance with the provisions of Clause 16 of this Framework Agreement14. 6.6 If the Supplier provides sufficient Management Information to rectify any MI Failures to the satisfaction of the Authority and the Management Information demonstrates that: 6.6.1 the Supplier has overpaid the Management Charges as a result of the application of the Default Management Charge then the Supplier shall be entitled to a refund of the overpayment, net of any Admin Fees where applicable; or 6.6.2 the Supplier has underpaid the Management Charges during the period when a Default Management Charge was applied, then the Authority shall be entitled to immediate payment of a balancing sum as a debt together with interest pursuant to Clause 15.6 . Please send your monthly MI return to ▇▇▇▇.▇▇▇▇▇▇▇@▇▇▇.▇▇▇.▇▇▇.▇▇ Fields in grey are not required for this framework. Drag the mouse over any field with a red triangle in the top right- hand corner for an explanation of that cell. Every column heading field has a red triangle. Please Note: MI Templates are set by default as a 'Nil Return' - if you have no business to record please complete the 'Submitter Name' field (Column i) on this 'Summary' sheet & return it asap. The 'QUARTERLY MI' tab should ONLY be completed by the 7th day of the month following the fiscal period end (ie; Q1 in July, Q2 in October, Q3 in January & Q4 in April). Thank You Government Procurement Service Collect & Validate Team Manufacture/Supplier Code Unit of Purchase Unit of Purchase Quantity Price per Unit Quantity URN & UNSPSC Code Identification Guidance Notes Finding a Customer URN Code (Unique Customer Reference Number) A downloadable list of all of the up to date URN numbers can be found on your area of the website. It is also possible to search for an individual URN using the online search facility. The link below will take you to the Supplier Admin Suite login screen:

DEFAULT MANAGEMENT CHARGE. 6.1 6.1. If: 6.1.1 Three 6.1.1. three (3) MI Failures occur in any rolling six (6) Month period; 6.1.2 Three 6.1.2. three (3) consecutive MI Failures occur; ; 6.1.3. then a "“MI Default" ” shall be deemed to have occurred. 6.2 6.2. If a an MI Default occurs the Authority shall (without prejudice to any other rights or remedies available to it under this Framework Agreement) be entitled to determine the level of Management Charge in accordance with paragraph 6.3 below6.3, which the Supplier supplier shall be required to pay to the Authority ("“Default Management Charge"”). 6.3 6.3. The Default Management Charge shall be calculated as the higher of: 6.3.1 6.3.1. the average Management Charge paid or payable by the Supplier to the Authority based on any Management Information submitted in the six (6) Month period preceding the date on which the MI Default arose; or 6.3.2 6.3.2. the sum of five hundred pounds (£500). 6.4 6.4. If an MI Default occurs, the Authority shall be entitled to invoice the Supplier the Default Management Charge calculated in accordance with paragraph 6.3 above: 6.4.1 6.4.1. in arrears for those Months in which a an MI Failure occurred; and 6.4.2 6.4.2. on an on-going ongoing Monthly basis, 6.4.3 6.4.3. until all and any MI Failures have been rectified to the reasonable satisfaction of the Authority. 6.5 6.5. For the avoidance of doubt the Parties parties agree that the Default Management Charge shall be payable as though it were the Management Charge due in accordance with the provisions of Clause 16 of this Framework Agreement. 6.6 6.6. If the Supplier provides sufficient Management Information to rectify any MI Failures to the satisfaction of the Authority and the Management Information demonstrates that: 6.6.1 6.6.1. the Supplier has overpaid the Management Charges as a result of the application of the Default Management Charge then the Supplier shall be entitled to a refund of the overpayment, net of any Admin Fees where applicable; or 6.6.2. the Supplier has underpaid the Management Charges during the period when a Default Management Charge was applied, then the Authority shall be entitled to immediate payment of a balancing sum a debt.

DEFAULT MANAGEMENT CHARGE. 6.1 If: 6.1.1 Three (3) MI Failures occur in any rolling six (6) Month period; 6.1.2 Three (3) 3 consecutive MI Failures occur; then a "MI Default" shall be deemed to have occurred. 6.2 If a an MI Default occurs the Authority shall (without prejudice to any other rights or remedies available to it under this Framework Agreement) be entitled to determine the level of Management Charge in accordance with paragraph 6.3 below6.3, which the Supplier shall be required to pay to the Authority ("Default Management Charge"). 6.3 The Default Management Charge shall be calculated as the higher of: 6.3.1 the average Management Charge paid or payable by the Supplier to the Authority based on any Management Information submitted in the six period (6the previous month) Month period preceding the date on which the MI Default arose; or 6.3.2 the sum of five hundred pounds (£500). 6.4 If an MI Default occurs, the Authority shall be entitled to invoice the Supplier the Default Management Charge calculated in accordance with paragraph 6.3 above: 6.4.1 in arrears for those Months in which a an MI Failure occurred; and 6.4.2 on an on-going ongoing Monthly basis, 6.4.3 until all and any MI Failures have been rectified to the reasonable satisfaction of the Authority. 6.5 For the avoidance of doubt the Parties agree that the Default Management Charge shall be payable as though it were the Management Charge due in accordance with the provisions of Clause 16 14 of this Framework Agreement. 6.6 If the Supplier provides sufficient Management Information to rectify any MI Failures to the satisfaction of the Authority and the Management Information demonstrates that: 6.6.1 the Supplier has overpaid the Management Charges as a result of the application of the Default Management Charge then the Supplier shall be entitled to a refund of the overpayment, net of any Admin Fees where applicable; or 6.6.2 the Supplier has underpaid the Management Charges during the period when a Default Management Charge was applied, then the Authority shall be entitled to immediate payment of a balancing debt sum.

DEFAULT MANAGEMENT CHARGE. 6.1 If: 6.1.1 Three three (3) MI Failures occur in any rolling six (6) Month period; 6.1.2 Three three (3) consecutive MI Failures occur; then a an "MI Default" shall be deemed to have occurred. 6.2 If a an MI Default occurs occurs, the Authority shall (without prejudice to any other rights or remedies available to it under this Framework Agreement) be entitled to determine the level of Management Charge in accordance with paragraph 6.3 below6.3, which the Supplier shall be required to pay to the Authority (the "Default Management Charge"). 6.3 The Default Management Charge shall be calculated as the higher of: 6.3.1 the average Management Charge paid or payable by the Supplier to the Authority based on any Management Information submitted in the six (6) Month period preceding the date on which the MI Default arose; or 6.3.2 the sum of five hundred pounds sterling (£500). 6.4 If an MI Default occurs, the Authority shall be entitled to invoice the Supplier the Default Management Charge calculated in accordance with paragraph 6.3 above: 6.4.1 in arrears arrear for those Months in which a an MI Failure occurred; and 6.4.2 on an on-going ongoing Monthly basis, 6.4.3 until all and any MI Failures have been rectified to the reasonable satisfaction of the Authority. 6.5 For the avoidance of doubt the Parties agree that the Default Management Charge shall be payable as though it were the Management Charge due in accordance with the provisions of Clause 16 of this Framework Agreement14. 6.6 If the Supplier provides sufficient Management Information to rectify any MI Failures to the satisfaction of the Authority and the Management Information demonstrates that: 6.6.1 the Supplier has overpaid the Management Charges as a result of the application of the Default Management Charge then the Supplier shall be entitled to a refund of the overpayment, net of any Admin Fees where applicable; or

DEFAULT MANAGEMENT CHARGE. 6.1 If: 6.1.1 Three Two (32) MI Failures occur in any rolling six (6) Month period; 6.1.2 Three Two (32) consecutive MI Failures occur; then a "MI Default" shall be deemed to have occurred. 6.2 If a an MI Default occurs the Authority shall (without prejudice to any other rights or remedies available to it under this Framework Agreement) be entitled to determine the level of Management Charge in accordance with paragraph 6.3 below6.3, which the Supplier shall be required to pay to the Authority ("Default Management Charge")) and/or to terminate this Framework Agreement. 6.3 The Default Management Charge shall be calculated as the higher of: 6.3.1 the average Management Charge paid or payable by the Supplier to the Authority based on any Management Information submitted in the six (6) Month period preceding the date on which the MI Default arose; or 6.3.2 the sum of five hundred pounds (£500). 6.4 If an MI Default occurs, the Authority shall be entitled to invoice the Supplier the Default Management Charge calculated in accordance with paragraph 6.3 above: 6.4.1 in arrears for those Months in which a an MI Failure occurred; and 6.4.2 on an on-going ongoing Monthly basis, 6.4.3 , until all and any MI Failures have been rectified to the reasonable satisfaction of the Authority. 6.5 For the avoidance of doubt the Parties agree that the Default Management Charge shall be payable as though it were the Management Charge due in accordance with the provisions of Clause 16 38 of this Framework Agreement. 6.6 If the Supplier provides sufficient Management Information to rectify any MI Failures to the satisfaction of the Authority and the Management Information demonstrates that: 6.6.1 the Supplier has overpaid the Management Charges as a result of the application of the Default Management Charge then the Supplier shall be entitled to a refund of the overpayment, net of any Admin Fees where applicable; or 6.6.2 the Supplier has underpaid the Management Charges during the period when a Default Management Charge was applied, then the Authority shall be entitled to immediate payment of the balance as a debt together with interest pursuant to Clause 38.6 (Management Charge). [To be signed by Head of Internal Audit, Finance Director or company’s external auditor] Dear Sirs In accordance with the Framework Agreement entered into on [insert Framework Commencement Date dd/mm/yyyy] between Capita Travel and Events and the Authority, we confirm the following: 1. In our opinion based on the testing undertaken Capita Travel and Events has in place suitable systems for identifying and recording the transactions taking place under the provisions of the above Framework Agreement. 2. We have tested the systems for identifying and reporting on framework activity and found them to be operating satisfactorily. 3. We have tested a sample of [ ] [insert number of sample transactions tested] Orders and related invoices during our audit for the financial year ended [insert financial year] and confirm that they are correct and in accordance with the terms and conditions of the Framework Agreement. 4. We have tested from the order processing and invoicing systems a sample of [ ] [Insert number of sample transactions tested] public sector orders placed outside the Framework Agreement during our audit for the financial year ended [insert financial year] and confirm they have been identified correctly as orders placed and outside the Framework Agreement, an appropriate and legitimately tendered procurement route has been used to place those orders, and those orders should not otherwise have been routed via centralised and mandated procurement processes executed by the Authority. 5. We have also attached a summary audit report which provides details of the methodology applied to complete the review, the sampling techniques applied, details of any issues identified and remedial action taken.

DEFAULT MANAGEMENT CHARGE. 6.1 If: 6.1.1 Three (3) MI Failures occur in any rolling six (6) Month period; 6.1.2 Three (3) 3 consecutive MI Failures occur; then a "MI Default" shall be deemed to have occurred. 6.2 If a an MI Default occurs the Authority shall (without prejudice to any other rights or remedies available to it under this Framework Agreement) be entitled to determine the level of Management Charge in accordance with paragraph 6.3 below6.3, which the Supplier shall be required to pay to the Authority ("Default Management Charge"). 6.3 The Default Management Charge shall be calculated as the higher of: 6.3.1 the average Management Charge paid or payable by the Supplier to the Authority based on any Management Information submitted in the six (6) Month period preceding the date on which the MI Default arose; or 6.3.2 the sum of five hundred pounds (£500). 6.4 If an MI Default occurs, the Authority shall be entitled to invoice the Supplier the Default Management Charge calculated in accordance with paragraph 6.3 above: 6.4.1 in arrears for those Months in which a an MI Failure occurred; and 6.4.2 on an on-going ongoing Monthly basis, 6.4.3 until all and any MI Failures have been rectified to the reasonable satisfaction of the Authority. 6.5 For the avoidance of doubt the Parties agree that the Default Management Charge shall be payable as though it were the Management Charge due in accordance with the provisions of Clause 16 of this Framework Agreement. 6.6 If the Supplier provides sufficient Management Information to rectify any MI Failures to the satisfaction of the Authority and the Management Information demonstrates that: 6.6.1 the Supplier has overpaid the Management Charges as a result of the application of the Default Management Charge then the Supplier shall be entitled to a refund of the overpayment, net of any Admin Fees where applicable; or 6.6.2 the Supplier has underpaid the Management Charges during the period when a Default Management Charge was applied, then the Authority shall be entitled to immediate payment of a balancing debt sum.