Common use of EFFECT OF AUTHORITY CAUSE IN THE OPERATIONAL PHASE Clause in Contracts

EFFECT OF AUTHORITY CAUSE IN THE OPERATIONAL PHASE. 11.1 If the Contractor would have provided the Operational Services in accordance with the Service Levels and/or this Agreement but has failed to do so as a result of an Authority Cause the Contractor will have the rights and relief set out in clause 11.2. 11.2 The Contractor shall: 11.2.1 (in measuring the performance of any affected Service) be treated as though the relevant Service had met the relevant Service Level to the extent that the Service Failure is due to any Authority Cause; and 11.2.2 not be treated as being in breach of this Agreement to the extent that non-performance or breach is due to any Authority Cause; and 11.2.3 be entitled to the Charges for the relevant Services affected by the Authority Cause as if it had not occurred. 11.3 If the Contractor claims that clause 11.1 applies, and in order to claim the rights and reliefs in clause 11.2, it shall provide the Authority with details of the Authority Cause [as part of the management information that it is obliged to provide at the end of the relevant Measurement Period][within [10] Working Days]. 11.4 Any Disputes about or arising out of whether an Authority Cause applies to the Contractor’s failure to provide the Services in accordance with the Service Levels and/or this Agreement shall be resolved through the Dispute Resolution Procedure. Pending the resolution of the Dispute both parties shall continue to resolve the causes of, and mitigate the effects of such failure.

EFFECT OF AUTHORITY CAUSE IN THE OPERATIONAL PHASE. 11.1 If the Contractor Supplier would have provided the Operational Services in accordance with the Service Levels and/or this Agreement Contract but has failed to do so as a result of an Authority Cause the Contractor Supplier will have the rights and relief set out in clause 11.2. 11.2 . The Contractor Supplier shall: 11.2.1 : (in measuring the performance of any affected Service) be treated as though the relevant Service had met the relevant Service Level to the extent that the Service Failure is due to any Authority Cause; and 11.2.2 not be treated as being in breach of this Agreement Contract to the extent that non-performance non‑performance or breach is due to any Authority Cause; and 11.2.3 and be entitled to the Charges for the relevant Services affected by the Authority Cause as if it had not occurred. 11.3 . If the Contractor Supplier claims that clause 11.1 applies, and in order to claim the rights and reliefs in clause 11.2, it shall provide the Authority with details of the Authority Cause [as part of the management information that it is obliged to provide at the end of the relevant Measurement Period][within [10] Working Days]. 11.4 Period for review at the Project Board meetings in accordance with Schedule 8.1 (Governance). Any Disputes about or arising out of whether an Authority Cause applies to the ContractorSupplier’s failure to provide the Services in accordance with the Service Levels and/or this Agreement Contract shall be resolved through the Dispute Resolution Procedure. Pending the resolution of the Dispute both parties shall continue to resolve the causes of, and mitigate the effects of such failure.