Common use of REMEDIES IN THE EVENT OF INADEQUATE PERFORMANCE Clause in Contracts

REMEDIES IN THE EVENT OF INADEQUATE PERFORMANCE. 23.1 Where the Lead Organisation receives a complaint about the standard of Services or about the manner in which any Services have been provided or work has been performed or about the materials or procedures used or about any other matter connected with the performance of the Delivery Partner’s obligations under this Services Agreement, then the Lead Organisation shall take reasonable steps to investigate the complaint. The Lead Organisation may, in its sole discretion, uphold the complaint, and may (acting reasonably): (a) subject to clause 23.3 withhold a sum; or (b) deduct a sum, in each case equal to a maximum of [ten percent (10%)] of the Contract Price payable in respect of the month in which the complaint arose. 23.2 The Parties agree that a deduction made pursuant to clause 23.1(b) represents a genuine pre-estimate of the loss likely to be suffered by the Lead Organisation. 23.3 Where the Lead Organisation withholds a sum pursuant to clause 23.1(a) then that sum shall be paid to the Delivery Partner when, in the reasonable opinion of the Lead Organisation, the matters complained of have been rectified and there has been no repeat of those matters for 3 month(s). 23.4 If the Delivery Partner fails to supply any of the Services in accordance with the provisions of this Services Agreement and such failure is capable of remedy, then the Lead Organisation shall instruct the Delivery Partner to remedy the failure and the Delivery Partner shall at its own cost and expense remedy such failure (and any damage resulting from such failure) within [ten (10)] Working Days of the Lead Organisation’s instructions or such other period of time as the Lead Organisation may direct. 23.5 If the Delivery Partner: (a) fails to comply with clause 23.4 above and the failure is materially adverse to the interests of the Lead Organisation or prevents the Lead Organisation from discharging a statutory duty; or