FAILURE TO PERFORM THE SERVICES Clause Samples
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FAILURE TO PERFORM THE SERVICES. In the event of any breach of this Agreement by the Services Provider with respect to any error or defect in providing any Services, the Services Provider shall, at the Services Recipient’s request, use its commercially reasonable best efforts to correct or cause to be corrected such error or defect or re-perform or cause to be re-performed such Administrative Service, as promptly as practicable.
FAILURE TO PERFORM THE SERVICES. In the event of any breach of this Agreement by eSpeed, with respect to any error or defect in providing any Service, eSpeed shall, at TBIS’s and/or Firms’ request, use its reasonable efforts to correct or cause to be corrected such error or defect or re-perform or cause to be re-performed such Service, as promptly as practicable.
FAILURE TO PERFORM THE SERVICES. 19.1 Where a Performance Failure occurs, the Councils are entitled to allocate Performance Points and/or make Performance Deductions in respect of the relevant Performance Failure in accordance with the provisions of Schedule 4 (Performance Mechanism).
19.2 Any Performance Deductions made in respect of a relevant Performance Failure will be applied to the relevant Monthly Charge in accordance with Schedule 3 (Payment Mechanism).
FAILURE TO PERFORM THE SERVICES. The Chairman’s failure or refusal to perform the Services, after notice and not less than five (5) business days opportunity to cure such failure or refusal; or
FAILURE TO PERFORM THE SERVICES. 11.1 If the Supplier has not performed the Services in accordance with the terms of the Contract, without prejudice to any other rights the Company shall have under the Contract, the Company shall be entitled to require the Supplier to carry out such work as is necessary to rectify its non-performance which where necessary shall include re-performing the Services within the time period that the Company shall specify.
11.2 Without limiting any other remedy, if the Supplier fails to comply with the requirements of Clause 11.1, the Company shall be entitled to perform or procure the performance of the Services or part WS1800785243 EV Wagon body Strip and Spray LUL Non-framework Agreement for the Supply of Non- complex Goods and Services thereof itself or from a third party. Without prejudice to any other right or remedy of the Company hereunder or under the general law, all expenditure properly incurred by the Company exercising its rights under this Clause 11.2 is recoverable by the Company from the Supplier and the Company shall be entitled to deduct such amounts from any amount due or to become due to the Supplier under the Contract.
11.3 For the purposes of Clause 11.2 the Supplier hereby grants to the Company and any third party the right to use any Intellectual Property Rights, Documentation, goods, materials and spares belonging to the Supplier or used by the Supplier in connection with the Contract as may be required by the Company to exercise its rights under Clause 11.2 and the Supplier shall provide all such co-operation and assistance as may be required by the Company to enable the Company to exercise its rights under Clause 11.2.
FAILURE TO PERFORM THE SERVICES. In the event of any breach of this Agreement by BGCI, with respect to any error or defect in providing any Service, BGCI shall, at TBIS’s and/or Firms’ request, use its reasonable efforts to correct or cause to be corrected such error or defect or re-perform or cause to be re-performed such Service, as promptly as practicable.