Common use of Delay Costs Clause in Contracts

Delay Costs. (a) To the extent a Delay arises which is attributable to the Customer’s breach of this Agreement, a failure to provide any Critical CSI or the acts or omissions of an Other Supplier, the Supplier: (i) may advise the Customer of any proposed changes to the Price, the quantum of which must not exceed any additional, incremental cost and expense (calculated on a cost-only basis) directly attributable to: A. undertaking and implementing any workarounds or remedial measures which are within the Supplier’s control to implement or adopt, and which would minimise or lessen the impact of that Delay; and B. any increase in the Supplier's Activities, or in the cost of the Supplier’s Activities, as a result of that Delay, (Additional Activities); (ii) must accompany any advice under clause 6.9(a)(i) with sufficient supporting evidence to substantiate the calculation of its proposed changes to the Price in accordance with the principles set out in that clause; and (iii) may prepare and submit to the Customer a Change Request Form, which complies with clause 10, in respect of the Additional Activities referred to in clause 6.9(a)(i). (b) The parties will comply with the Change Control Procedure in relation to the Change Request initiated by that Change Request Form, including any approval, rejection or request for further information. For clarity, however (and subject to clause 6.9(c)), the Supplier is not required to perform any of the Additional Activities unless the Change Request is approved by the Customer. (c) Nothing in clause 6.9(b) will prevent the parties reaching some other written agreement in relation to the Additional Activities, for example, the Supplier performing aspects of the Additional Activities on an urgent and/or interim time and materials basis, subject to the subsequent formalisation of a detailed Change Request.

Delay Costs. (a) To the extent a Delay arises which is attributable to the Customer’s breach of this Agreement, a failure to provide any Critical CSI or the acts or omissions of an Other Supplier, the Supplier: (i) may advise the Customer of any proposed changes to the Price, the quantum of which must not exceed any additional, incremental cost and expense (calculated on a cost-only basis) directly attributable to: A. undertaking and implementing any workarounds or remedial measures which are within the Supplier’s control to implement or adopt, and which would minimise or lessen the impact of that Delay; and B. any increase in the Supplier's Activities, or in the cost of the Supplier’s Activities, as a result of that Delay, (Additional Activities); (ii) must accompany any advice under clause 6.9(a)(i) with sufficient supporting evidence to substantiate the calculation of its proposed changes to the Price in accordance with the principles set out in that clause; and (iii) may prepare and submit to the Customer a Change Request Form, which complies with clause 10, in respect of the Additional Activities referred to in clause 6.9(a)(i). (b) The parties will comply with the Change Control Procedure in relation to the Change Request initiated by that Change Request Form, including any approval, rejection or request for further information. For clarity, however (and subject to clause 6.9(c)), the Supplier is not required to perform any of the Additional Activities unless the Change Request is approved by the Customer. (c) Nothing in clause 6.9(b) will prevent the parties reaching some other written agreement in relation to the Additional Activities, for example, the Supplier performing aspects of the Additional Activities on an urgent and/or interim time and materials basis, subject to the subsequent formalisation of a detailed Change Request.

Delay Costs. (a) To the extent a Delay arises which is attributable to the Customer’s breach of this Agreement, a failure to provide any Critical CSI CSI, or the acts or omissions of an Other Supplier, the Supplier: (i) may advise the Customer of any proposed changes to the PriceAgreement Sum, the quantum of which must not exceed any additional, incremental cost and expense (calculated on a cost-only basis) directly attributable to: A. undertaking and implementing any workarounds or remedial measures which are within the Supplier’s control to implement or adopt, and which would minimise or lessen the impact of that Delay; and B. any increase in the Supplier's Activities, or in the cost of the Supplier’s ActivitiesSupplies, as a result of that Delay, (Additional ActivitiesSupplies); (ii) must accompany any advice under clause 6.9(a)(i5.8(a)(i) with sufficient supporting evidence to substantiate the calculation of its proposed changes to the Price Agreement Sum in accordance with the principles set out in that clause; and (iii) may prepare and submit to the Customer a Change Request Form, which complies with clause 109, in respect of the Additional Activities Supplies referred to in clause 6.9(a)(i5.8(a)(i). (b) The parties will comply with the Change Control Procedure in relation to the Change Request initiated by that Change Request Form, including any approval, rejection or request for further information. For clarity, however (and subject to clause 6.9(c5.8(c)), the Supplier is not required to perform any of the Additional Activities Supplies unless the Change Request is approved by the Customer. (c) Nothing in clause 6.9(b5.8(b) will prevent the parties reaching some other written agreement in relation to the Additional ActivitiesSupplies, for example, the Supplier performing aspects of the Additional Activities Supplies on an urgent and/or interim time and materials basis, subject to the subsequent formalisation of a detailed Change Request.

Delay Costs. (a) To the extent a Delay arises which is attributable to the Customer’s breach of this Agreement, a failure to provide any Critical CSI or the acts or omissions of an Other Supplier, the Supplier: (i) may advise the Customer of any proposed changes to the Price, the quantum of which must not exceed any additional, incremental cost and expense (calculated on a cost-only basis) directly attributable to: A. undertaking and implementing any workarounds or remedial measures which are within the Supplier’s control to implement or adopt, and which would minimise or lessen the impact of that Delay; and B. any increase in the Supplier's ’s Activities, or in the cost of the Supplier’s Activities, as a result of that Delay, (Additional Activities); (ii) must accompany any advice under clause 6.9(a)(i6.8(a)(i) with sufficient supporting evidence to substantiate the calculation of its proposed changes to the Price in accordance with the principles set out in that clause; and (iii) may prepare and submit to the Customer a Change Request Form, which complies with clause 10, in respect of the Additional Activities referred to in clause 6.9(a)(i6.8(a)(i). (b) The parties will comply with the Change Control Procedure in relation to the Change Request initiated by that Change Request Form, including any approval, rejection or request for further information. For clarity, however (and subject to clause 6.9(c6.8(c)), the Supplier is not required to perform any of the Additional Activities unless the Change Request is approved by the Customer. (c) Nothing in clause 6.9(b6.8(b) will prevent the parties reaching some other written agreement in relation to the Additional Activities, for example, the Supplier performing aspects of the Additional Activities on an urgent and/or interim time and materials basis, subject to the subsequent formalisation of a detailed Change Request.