Common use of Delay Payments Clause in Contracts

Delay Payments. 3.8.1 If the Supplier fails to deliver the Services by the Milestone Date(s) agreed and specified in the Implementation Plan (or, where an extension of time has been agreed by the Parties, the revised date for Delivery) (as the context requires, the Agreed Delivery Date): 3.8.1.1 the Supplier shall pay to the Contracting Body a sum by way of Delay Payments for each day between the Agreed Delivery Date and until and including the date on which the Milestones are actually Achieved and the Contracting Body provides to the Supplier, written confirmation of satisfaction of completion of the Milestone(s) and the date on which the Services are Delivered and/or the Services provided to the Contracting Body. The Delay Payments shall accrue at the daily rate specified within the Implementation Plan up to a maximum amount of 100% of the Contract Charges for those Services that were not carried out by the Agreed Delivery Date (Delay Payments Threshold). Subject to Clause 3.8.1.3, during the period in which the Delay Payments are payable under this Clause (Delay Payments Period) shall be the Contracting Body’s primary financial remedy for any loss or damage suffered or incurred by the Contracting Body in relation to the failure by the Supplier to Deliver the Services by the Agreed Delivery Date; and 3.8.1.2 where the Delay Payments Threshold is met or exceeded (being that Delivery continues not to be performed after the Delay Payments Threshold is met), the Contracting Body shall be entitled to: (a) claim any remedy available to it (whether under this Contract or otherwise) for loss or damage incurred or suffered by it after the end of the Delay Payments Period; and (b) without prejudice to Clause 3.8.1.2 (a), the Contracting Body shall regardless of any other provision in this Contract, be entitled to terminate this Contract with immediate effect by giving notice in writing to the Supplier. 3.8.1.3 The Supplier shall not be obliged to pay any sums pursuant to Clause 3. 8.1.1 if and to the extent the failure by the Supplier to Deliver the Services by the Agreed Delivery Date directly results from the Contracting Body’s default provided that the Supplier notifies the Contracting Body immediately of such circumstances in sufficient detail to enable the Contracting Body to remedy the situation and if appropriate, make any consequential revision to a subsequent Implementation Plan. Except as set out in this Clause 3.8.1.3, no payment or concession to the Supplier by the Contracting Body or other act or omission of the Contracting Body shall in any way affect the Contracting Body’s rights to Delay Payments pursuant to Clause 3.8.1.1 or be deemed to be a waiver of the right of the Contracting Body to recover any Delay Payments unless such waiver has been expressly made in writing by the Contracting Body. 3.8.1.4 The Supplier waives absolutely any entitlement to challenge the enforceability in whole or in part of this Clause 3.8 and Delay Payments shall not be subject to or count towards any cap on liability. 3.8.2 The Supplier shall provide the Services to meet or exceed the Service Levels and any failure to meet the Service Levels shall entitle the Contracting Body to Service Credits calculated in accordance with the provisions of Schedule 3 (Service Levels and Service Credits) or in the event of a Critical Service Failure shall give rise to a right for the Contracting Body to terminate the Contract with immediate effect upon giving written notice to the Supplier. 3.8.3 The Supplier shall implement all measurement and monitoring tools and procedures necessary to measure and report on the Supplier's performance of the Services against the applicable Service Levels at a level of detail sufficient to verify compliance with the Service Levels. 3.8.4 The Supplier acknowledges and agrees that any Service Credit paid to the Contracting Body is: 3.8.4.1 a price adjustment in response to poor performance and not liquidated damages or an estimate of the loss or damage that may be suffered by the Contracting Body as a result of the Supplier’s failure to meet any Service Level; and 3.8.4.2 without prejudice to any entitlement the Contracting Body may have (if any) to any claim for damages resulting from, or otherwise arising in respect of, any breach of this Contract in relation to Service Levels.

Delay Payments. 3.8.1 If the Supplier fails to deliver the Services by the Milestone Date(s) agreed and specified in the Implementation Plan (or, where an extension of time has been agreed by the Parties, the revised date for Delivery) (as the context requires, the Agreed Delivery Date): 3.8.1.1 ): the Supplier shall pay to the Contracting Body a sum by way of Delay Payments for each day between the Agreed Delivery Date and until and including the date on which the Milestones are actually Achieved and the Contracting Body provides to the Supplier, written confirmation of satisfaction of completion of the Milestone(s) and the date on which the Services are Delivered and/or the Services provided to the Contracting Body. The Delay Payments shall accrue at the daily rate specified within the Implementation Plan up to a maximum amount of 100% of the Contract Charges for those Services that were not carried out by the Agreed Delivery Date (Delay Payments Threshold). Subject to Clause 3.8.1.3, during the period in which the Delay Payments are payable under this Clause (Delay Payments Period) shall be the Contracting Body’s primary financial remedy for any loss or damage suffered or incurred by the Contracting Body in relation to the failure by the Supplier to Deliver the Services by the Agreed Delivery Date; and 3.8.1.2 and where the Delay Payments Threshold is met or exceeded (being that Delivery continues not to be performed after the Delay Payments Threshold is met), the Contracting Body shall be entitled to: (a) : claim any remedy available to it (whether under this Contract or otherwise) for loss or damage incurred or suffered by it after the end of the Delay Payments Period; and (b) and without prejudice to Clause 3.8.1.2 (a), the Contracting Body shall regardless of any other provision in this Contract, be entitled to terminate this Contract with immediate effect by giving notice in writing to the Supplier. 3.8.1.3 . The Supplier shall not be obliged to pay any sums pursuant to Clause 3. 8.1.1 3.8.1.1 if and to the extent the failure by the Supplier to Deliver the Services by the Agreed Delivery Date directly results from the Contracting Body’s default provided that the Supplier notifies the Contracting Body immediately of such circumstances in sufficient detail to enable the Contracting Body to remedy the situation and if appropriate, make any consequential revision to a subsequent Implementation Plan. Except as set out in this Clause 3.8.1.3, no payment or concession to the Supplier by the Contracting Body or other act or omission of the Contracting Body shall in any way affect the Contracting Body’s rights to Delay Payments pursuant to Clause 3.8.1.1 or be deemed to be a waiver of the right of the Contracting Body to recover any Delay Payments unless such waiver has been expressly made in writing by the Contracting Body. 3.8.1.4 . The Supplier waives absolutely any entitlement to challenge the enforceability in whole or in part of this Clause 3.8 and Delay Payments shall not be subject to or count towards any cap on liability. 3.8.2 . The Supplier shall provide the Services to meet or exceed the Service Levels and any failure to meet the Service Levels shall entitle the Contracting Body to Service Credits calculated in accordance with the provisions of Schedule 3 (Service Levels and Service Credits) or in the event of a Critical Service Failure shall give rise to a right for the Contracting Body to terminate the Contract with immediate effect upon giving written notice to the Supplier. 3.8.3 . The Supplier shall implement all measurement and monitoring tools and procedures necessary to measure and report on the Supplier's performance of the Services against the applicable Service Levels at a level of detail sufficient to verify compliance with the Service Levels. 3.8.4 . The Supplier acknowledges and agrees that any Service Credit paid to the Contracting Body is: 3.8.4.1 : a price adjustment in response to poor performance and not liquidated damages or an estimate of the loss or damage that may be suffered by the Contracting Body as a result of the Supplier’s failure to meet any Service Level; and 3.8.4.2 and without prejudice to any entitlement the Contracting Body may have (if any) to any claim for damages resulting from, or otherwise arising in respect of, any breach of this Contract in relation to Service Levels.