Common use of Failure to Provide Services Clause in Contracts

Failure to Provide Services. a. Without limiting any other rights of AFAC or the Member under this Contract or at law, if the Contractor refuses or otherwise fails to supply the Services during the Service Period in accordance with this Contract including: i. a Service is Not Available by the commencement of any Service Period; or ii. a Service becomes Not Available during any Service Period, except as agreed; or iii. the Contractor does not respond during any Service Period as; or iv. by supplying defective Services; or v. by failing to supply the Services (including by failing to supply the Services because one of its suppliers (such as a refuelling supplier) has declined to provide it with services), then AFAC or the Member may give a notice in writing to the Contractor specifying the Services affected, the defects in question and a reasonable timeframe for rectifying those defects (which may include re-performing services). If the Contractor receives such a notice it must at its own cost and at AFAC or the Liable Member’s option: vi. perform the relevant Services again within the timeframe specified in the notice; or vii. the Contractor will be liable for, and will pay or credit to, the Member for any costs incurred by the Member due to that refusal or failure, including any additional costs of obtaining such Services from another person, and the Member will not be liable for the payment of the Contract Prices in respect of that Service and may deduct from monies otherwise due to the Contractor in accordance with clause 8.1. b. In effecting its rights under clause 5.11a the Member will use reasonable efforts to mitigate any costs incurred by it in the procurement of any alternative Service.

Failure to Provide Services. a. Without limiting any other rights of AFAC or the Member under this Contract or at law, if the Contractor refuses or otherwise fails to supply the Services during the Service Period in accordance with this Contract including: i. a Service is Not Available by the commencement of any Service Period; or ii. a Service becomes Not Available during any Service Period, except as agreed; or iii. the Contractor does not respond during any Service Period as; or iv. by supplying defective Services; or v. by failing to supply the Services (including by failing to supply the Services because one of its suppliers (such as a refuelling supplier) has declined to provide it with services), then AFAC or the Member may give a notice in writing to the Contractor specifying the Services affected, the defects in question and a reasonable timeframe for rectifying those defects (which may include re-performing services). If the Contractor receives such a notice it must at its own cost and at AFAC or the Liable Member’s option: vi. perform the relevant Services again within the timeframe specified in the notice; or vii. the Contractor will be liable for, and will pay or credit to, the Member for any costs incurred by the Member due to that refusal or failure, including any additional costs of obtaining such Services from another person, and the Member will not be liable for the payment of the Contract Prices in respect of that Service and may deduct from monies otherwise due to the Contractor in accordance with clause 8.19.1. b. In effecting its rights under clause 5.11a clause6.11a the Member will use reasonable efforts to mitigate any costs incurred by it in the procurement of any alternative Service.

Failure to Provide Services. ‌ a. Without limiting any other rights of AFAC or the Member under this Contract or at law, if the Contractor refuses or otherwise fails to supply the Services during the Service Period in accordance with this Contract including:including:‌ i. a Service is Not Available by the commencement of any Service Period; or ii. a Service becomes Not Available during any Service Period, except as agreed; or iii. the Contractor does not respond during any Service Period asPeriod; or iv. by supplying defective Services; or v. by failing to supply the Services (including by failing to supply the Services because one of its suppliers (such as a refuelling supplier) has declined to provide it with services), then AFAC or the Member may give a notice in writing to the Contractor specifying the Services affected, the defects in question and a reasonable timeframe for rectifying those defects (which may include re-performing services). If the Contractor receives such a notice it must at its own cost and at AFAC or the Liable Member’s option: vi. perform the relevant Services again within the timeframe specified in the notice; or vii. the Contractor will be liable for, and will pay or credit to, the Member for any costs incurred by the Member due to that refusal or failure, including any additional costs of obtaining such Services from another person, and the Member will not be liable for the payment of the Contract Prices in respect of that Service and may deduct from monies otherwise due to the Contractor in accordance with clause 8.1. b. In effecting its rights under clause 5.11a the Member will use reasonable efforts to mitigate any costs incurred by it in the procurement of any alternative Service.