Common use of Remedies for Delay Clause in Contracts

Remedies for Delay. If Supplier fails to meet a Contract Milestone, then subject to clause 24.3 (Extensions of time), but without prejudice to any other right or remedy of Spark NZT: (a) subject to the other provisions of the Agreement, Spark NZT will be entitled to claim liquidated damages from Supplier for the period from the Due Date of the relevant Contract Milestone up to but excluding the date on which the Contract Milestone is met, at the applicable rate(s) set out in the Letter Agreement and/or PO; (b) if Supplier fails to meet the Contract Milestone by the end of the Milestone Remedy Period, then at any time thereafter, unless and until Supplier has met that Contract Milestone, Spark NZT may terminate the Agreement with immediate effect by written notice to Supplier, in which case Spark NZT may also terminate any other related Agreement with Supplier; (c) wherever Spark NZT terminates the Agreement and/or any related Agreement under this clause 24.4: (i) Spark NZT will not be liable for any further charges under that Agreement; (ii) Supplier must refund to Spark NZT on demand all charges for any deliverables that have not yet been provided to Spark NZT under that Agreement; (iii) Spark NZT may (at its absolute discretion) return any deliverables already provided under that Agreement, in which case Supplier must refund to Spark NZT on demand all charges for those returned deliverables.