Common use of Fixed Price Services Clause in Contracts

Fixed Price Services. 11.1 The Supplier may at its option agree to perform Services on a fixed fee basis from time to time, subject to certain conditions including but not limited to: 11.1.1 the scope of the work is measurable and clearly defined; 11.1.2 there are no dependencies on the performance of Purchaser or third party products or services 11.1.3 the Supplier personnel are able to work efficiently and are not disrupted by delays on the part of the Purchaser or third parties. 11.2 Page10 Where the Supplier has agreed to perform Services on a fixed fee basis this will be documented in the Fit/Gap Analysis. The conditions herein and in the Fit/Gap Analysis shall apply. 11.3 If at any time during the engagement the Supplier reasonably determines that (I )the Purchaser is not fulfilling its responsibilities and obligations as described in the Agreement; or (ii) the Purchaser's staffing and/or resources dedicated to the implementation do not meet the requirements set forth in the Agreement, then Supplier shall provide written notice that details these exceptions. Purchaser will have 20 working days from its receipt of the notice to remedy the exceptions. If the Purchaser fails to rectify such failure within 20 working days, then the Supplier will be entitled, at its option, (a) to suspend its performance under this Agreement until the matter is rectified, and/or (b) to provide services to complete the Agreement on a time and expense basis from the point of suspension. The Purchaser will, in either case, pay the Supplier all outstanding monies due in respect of all Deliverables supplied up to the point of suspension. This clause is subject to Dispute Escalation and Expert Resolution in accordance with clause 9 of this Agreement.

Fixed Price Services. 11.1 The Supplier may at its option agree to perform Services on a fixed fee basis from time to time, subject to certain conditions including but not limited to: 11.1.1 the scope of the work is measurable and clearly defined; 11.1.2 there are no dependencies on the performance of Purchaser or third party products or servicesservices Page13 11.1.3 the Supplier personnel are able to work efficiently and are not disrupted by delays on the part of the Purchaser or third parties. 11.2 Page10 Where the Supplier has agreed to perform Services on a fixed fee basis this will be documented in the Fit/Gap Analysis. The conditions herein and in the Fit/Gap Analysis shall apply. 11.3 If at any time during the engagement the Supplier reasonably determines that (I )the Purchaser is not fulfilling its responsibilities and obligations as described in the Agreement; or (ii) the Purchaser's staffing and/or resources dedicated to the implementation do not meet the requirements set forth in the Agreement, then Supplier shall provide written notice that details these exceptions. Purchaser will have 20 working days from its receipt of the notice to remedy the exceptions. If the Purchaser fails to rectify such failure within 20 working days, then the Supplier will be entitled, at its option, (a) to suspend its performance under this Agreement until the matter is rectified, and/or (b) to provide services to complete the Agreement on a time and expense basis from the point of suspension. The Purchaser will, in either case, pay the Supplier all outstanding monies due in respect of all Deliverables supplied up to the point of suspension. This clause is subject to Dispute Escalation and Expert Resolution in accordance with clause 9 of this Agreement.Agreement.‌‌‌

Fixed Price Services. 11.1 The Supplier may at its option agree to perform Services on a fixed fee basis from time to time, subject to certain conditions including but not limited to: 11.1.1 : ▪ the scope of the work is measurable and clearly defined; 11.1.2 defined ▪ there are no dependencies on the performance of Purchaser or third party products or services 11.1.3 the services ▪ Supplier personnel are able to can work efficiently and are not disrupted by delays on the part of the Purchaser or third parties. 11.2 Page10 . Where the Supplier has agreed to perform Services on a fixed fee basis this will be documented in the Fit/Gap AnalysisSchedule 3. The conditions herein and in the Fit/Gap Analysis Schedule 3 shall apply. 11.3 . If at any time during the engagement the Supplier reasonably determines that (I )the i) Purchaser is not fulfilling its responsibilities and obligations as described in the Agreement; or (ii) the Purchaser's ’s staffing and/or resources dedicated to the implementation do not meet the requirements set forth in the Agreement, then Supplier shall provide written notice that details these exceptions. Purchaser will have 20 working days from its receipt of the notice to remedy the exceptions. If the Purchaser fails to rectify such failure within 20 working days, then the Supplier will be entitled, at its option, (a) to suspend its performance under this Agreement until the matter is rectified, and/or (b) to provide services to complete the Agreement Contract on a time and expense basis from the point of suspension. The Purchaser will, in either case, pay the Supplier all outstanding monies due in respect of all Deliverables supplied up to the point of suspension. This clause is subject to Dispute Escalation and Expert Resolution in accordance with clause 9 of this Agreement.