Common use of Service Failures Clause in Contracts

Service Failures. 20.1 Where the Supplier is in breach of, or is aware that it likely to be in imminent breach of, any of the following terms of this Framework Agreement: 20.1.1 Initial Stock Level (Clause 15 of Schedule 1); 20.1.2 Framework Stock Level (Clause 16 of Schedule 1); 20.1.3 Tail-off Stock Level (Clause 17 of Schedule 1); 20.1.4 Stock Level Failure and reporting (Clause 19 of Schedule 1) 20.1.5 Business Continuity Plan (Clause 7 of this Schedule 2); 20.1.6 Management Information (Clause 10 of this Schedule 2); 20.1.7 Sales Information (Clause 24 of this Schedule 2); or 20.1.8 Key Performance Indicators (Schedule 5), the Supplier must inform the Authority as soon as possible and in any event within 24 hours of becoming aware of the breach or the likely imminent breach. 20.2 The Supplier must as soon as possible and in any case within 24 hours of becoming aware of the breach or the likely imminent breach of the terms set out in Clause 20.1 above provide to the Authority in writing the following: 20.2.1 confirmation as to whether the Supplier is confident it can remedy such breach; 20.2.2 information as to how the Supplier intends remedying such breach; and 20.2.3 the timeframe for rectifying the breach. 20.3 Without prejudice to any other rights or remedy the Authority may have, where the Supplier is in breach of any the terms set out in Clause 20.1 above the Authority may, without prejudice to its other rights and remedies under this Framework Agreement, issue notice of the breach and allow the Supplier the opportunity to remedy such breach in the first instance via a remedial proposal put forward by the Supplier ("Service Failure Remedial Proposal") before exercising any right to serve a Service Failure Notice under this Clause 20.1. Such Service Failure Remedial Proposal must be agreed with the Authority (such agreement not to be unreasonably withheld or delayed) and must be implemented by the Supplier in accordance with the timescales referred to in the agreed Service Failure Remedial Proposal. Once agreed, any changes to a Service Failure Remedial Proposal must be approved by the Parties in writing. Should the Supplier fail to: 20.3.1 put forward and agree a Service Failure Remedial Proposal with the Authority in relation to the relevant default or breach within a period of ten (10) Business Days (or such other period as the Authority may agree in writing) from written notification of the relevant default or breach from the Authority; 20.3.2 comply with such Service Failure Remedial Proposal (including, without limitation, as to its timescales for implementation, which shall be thirty (30) days unless otherwise agreed between the Parties); and/or 20.3.3 remedy the default or breach notwithstanding the implementation of such Service Failure Remedial Proposal in accordance with the agreed timescales for implementation. 20.4 Without prejudice to any of its other rights and remedies under this Framework Agreement, the Authority may serve on the Supplier in writing a notice detailing the relevant default or breach, the steps the Supplier was required to take under the Service Failure Remedial Proposal and confirm that the Supplier had failed to remedy the default or breach in accordance with the agreed timescales for implementation ("Service Failure Notice"). 20.5 Following the service of the first and second Service Failure Notices, the Authority may, where relevant, amend the Framework Agreement as follows: 20.5.1 require the Supplier to provide the information pursuant to Clause 19.3 of Schedule 1 on a more frequent basis; 20.5.2 require amendments to the Business Continuity Plan pursuant to Clause 7.5; and/or 20.5.3 require the Supplier to provide further Management Information pursuant to Clause 9 of this Schedule 2. 20.6 Following the service of the third or any subsequent Service Failure Notices (pursuant to either this Framework Agreement and/or any Contract), the Authority may (in addition to the rights and remedies set out at Clause 20.4 or 20.5 above): 20.6.1 suspend the Supplier’s appointment to receive new Orders under this Framework Agreement in accordance with Clause 19 by giving notice in writing to the Supplier and all Participating Authorities; or 20.6.2 deem that, for the purposes of Clause 17.4.2 of this Schedule 2, there has been a material breach of this Framework Agreement that is not capable of remedy by the Supplier and may terminate the Framework Agreement pursuant to Clause 17.4.2. 20.7 The Supplier acknowledges and agrees that any Service Failure Notice shall be deemed to be a "comparable sanction" for the purposes of Regulation 57(8)(g) of the Regulations and (where applicable) that the Authority may give notice to the appropriate authority in relation to any debarment lists.

Service Failures. ‌ 20.1 Where the Supplier is in breach of, or is aware that it likely to be in imminent breach of, any of the following terms of this Framework Agreement: 20.1.1 Initial Stock Level (Clause 15 of Schedule 1); 20.1.2 Framework Stock Level (Clause 16 of Schedule 1); 20.1.3 Tail-off Stock Level (Clause 17 of Schedule 1); 20.1.4 Stock Level Failure and reporting (Clause 19 of Schedule 1) 20.1.5 Business Continuity Plan (Clause 7 of this Schedule 2); 20.1.6 Management Information (Clause 10 of this Schedule 2); 20.1.7 Sales Information (Clause 24 of this Schedule 2); or 20.1.8 Key Performance Indicators (Schedule 5), where applicable the Supplier must inform the Authority as soon as possible and in any event within 24 hours of becoming aware of the breach or the likely imminent breach. 20.2 The Supplier must as soon as possible and in any case within 24 hours of becoming aware of the breach or the likely imminent breach of the terms set out in Clause 20.1 above provide to the Authority in writing the following:following:‌ 20.2.1 confirmation as to whether the Supplier is confident it can remedy such breach; 20.2.2 information as to how the Supplier intends remedying such breach; and 20.2.3 the timeframe for rectifying the breach. 20.3 Without prejudice to any other rights or remedy the Authority may have, where the Supplier is in breach of any the terms set out in Clause 20.1 above the Authority may, without prejudice to its other rights and remedies under this Framework Agreement, issue notice of the breach and allow the Supplier the opportunity to remedy such breach in the first instance via a remedial proposal put forward by the Supplier ("Service Failure Remedial Proposal") before exercising any right to serve a Service Failure Notice under this Clause 20.1. Such Service Failure Remedial Proposal must be agreed with the Authority (such agreement not to be unreasonably withheld or delayed) and must be implemented by the Supplier in accordance with the timescales referred to in the agreed Service Failure Remedial Proposal. Once agreed, any changes to a Service Failure Remedial Proposal must be approved by the Parties in writing. Should the Supplier fail to:to:‌ 20.3.1 put forward and agree a Service Failure Remedial Proposal with the Authority in relation to the relevant default or breach within a period of ten (10) Business Days (or such other period as the Authority may agree in writing) from written notification of the relevant default or breach from the Authority; 20.3.2 comply with such Service Failure Remedial Proposal (including, without limitation, as to its timescales for implementation, which shall be thirty (30) days unless otherwise agreed between the Parties); and/or 20.3.3 remedy the default or breach notwithstanding the implementation of such Service Failure Remedial Proposal in accordance with the agreed timescales for implementation. 20.4 Without prejudice to any of its other rights and remedies under this Framework Agreement, the Authority may serve on the Supplier in writing a notice detailing the relevant default or breach, the steps the Supplier was required to take under the Service Failure Remedial Proposal and confirm that the Supplier had failed to remedy the default or breach in accordance with the agreed timescales for implementation ("Service Failure Notice").Notice").‌ 20.5 Following the service of the first and second Service Failure Notices, the Authority may, where relevant, amend the Framework Agreement as follows:follows:‌ 20.5.1 require the Supplier to provide the information pursuant to Clause 19.3 of Schedule 1 on a more frequent basis; 20.5.2 require amendments to the Business Continuity Plan pursuant to Clause 7.5; and/or 20.5.3 require the Supplier to provide further Management Information pursuant to Clause 9 of this Schedule 2. 20.6 Following the service of the third or any subsequent Service Failure Notices (pursuant to either this Framework Agreement and/or any Contract), the Authority may (in addition to the rights and remedies set out at Clause 20.4 or or‌ 20.5 above): 20.6.1 suspend the Supplier’s appointment to receive new Orders under this Framework Agreement in accordance with Clause 19 by giving notice in writing to the Supplier and all Participating Authorities; or 20.6.2 deem that, for the purposes of Clause 17.4.2 of this Schedule 2, there has been a material breach of this Framework Agreement that is not capable of remedy by the Supplier and may terminate the Framework Agreement pursuant to Clause 17.4.2.17.4.2.‌ 20.7 The Supplier acknowledges and agrees that any Service Failure Notice shall be deemed to be a "comparable sanction" for the purposes of Regulation 57(8)(g) of the Regulations and (where applicable) that the Authority may give notice to the appropriate authority in relation to any debarment lists.

Service Failures. 20.1 Where the Supplier is in breach of, or is aware that it likely to be in imminent breach of, any of the following terms of this Framework Agreement: 20.1.1 Initial Stock Level (Clause 15 of Schedule 1); 20.1.2 Framework Stock Level (Clause 16 of Schedule 1); 20.1.3 Tail-off Stock Level (Clause 17 of Schedule 1); 20.1.4 Stock Level Failure and reporting (Clause 19 of Schedule 1) 20.1.5 Business Continuity Plan (Clause 7 of this Schedule 2); 20.1.6 Management Information (Clause 10 of this Schedule 2); 20.1.7 Sales Information (Clause 24 of this Schedule 2); or 20.1.8 Key Performance Indicators (Schedule 5), where applicable the Supplier must inform the Authority as soon as possible and in any event within 24 hours of becoming aware of the breach or the likely imminent breach. 20.2 The Supplier must as soon as possible and in any case within 24 hours of becoming aware of the breach or the likely imminent breach of the terms set out in Clause 20.1 above provide to the Authority in writing the following: 20.2.1 confirmation as to whether the Supplier is confident it can remedy such breach; 20.2.2 information as to how the Supplier intends remedying such breach; and 20.2.3 the timeframe for rectifying the breach. 20.3 Without prejudice to any other rights or remedy the Authority may have, where the Supplier is in breach of any the terms set out in Clause 20.1 above the Authority may, without prejudice to its other rights and remedies under this Framework Agreement, issue notice of the breach and allow the Supplier the opportunity to remedy such breach in the first instance via a remedial proposal put forward by the Supplier ("Service Failure Remedial Proposal") before exercising any right to serve a Service Failure Notice under this Clause 20.1. Such Service Failure Remedial Proposal must be agreed with the Authority (such agreement not to be unreasonably withheld or delayed) and must be implemented by the Supplier in accordance with the timescales referred to in the agreed Service Failure Remedial Proposal. Once agreed, any changes to a Service Failure Remedial Proposal must be approved by the Parties in writing. Should the Supplier fail to: 20.3.1 put forward and agree a Service Failure Remedial Proposal with the Authority in relation to the relevant default or breach within a period of ten (10) Business Days (or such other period as the Authority may agree in writing) from written notification of the relevant default or breach from the Authority; 20.3.2 comply with such Service Failure Remedial Proposal (including, without limitation, as to its timescales for implementation, which shall be thirty (30) days unless otherwise agreed between the Parties); and/or 20.3.3 remedy the default or breach notwithstanding the implementation of such Service Failure Remedial Proposal in accordance with the agreed timescales for implementation. 20.4 Without prejudice to any of its other rights and remedies under this Framework Agreement, the Authority may serve on the Supplier in writing a notice detailing the relevant default or breach, the steps the Supplier was required to take under the Service Failure Remedial Proposal and confirm that the Supplier had failed to remedy the default or breach in accordance with the agreed timescales for implementation ("Service Failure Notice"). 20.5 Following the service of the first and second Service Failure Notices, the Authority may, where relevant, amend the Framework Agreement as follows: 20.5.1 require the Supplier to provide the information pursuant to Clause 19.3 of Schedule 1 on a more frequent basis; 20.5.2 require amendments to the Business Continuity Plan pursuant to Clause 7.5; and/or 20.5.3 require the Supplier to provide further Management Information pursuant to Clause 9 of this Schedule 2. 20.6 Following the service of the third or any subsequent Service Failure Notices (pursuant to either this Framework Agreement and/or any Contract), the Authority may (in addition to the rights and remedies set out at Clause 20.4 or 20.5 above): 20.6.1 suspend the Supplier’s appointment to receive new Orders under this Framework Agreement in accordance with Clause 19 by giving notice in writing to the Supplier and all Participating Authorities; or 20.6.2 deem that, for the purposes of Clause 17.4.2 of this Schedule 2, there has been a material breach of this Framework Agreement that is not capable of remedy by the Supplier and may terminate the Framework Agreement pursuant to Clause 17.4.2. 20.7 The Supplier acknowledges and agrees that any Service Failure Notice shall be deemed to be a "comparable sanction" for the purposes of Regulation 57(8)(g) of the Regulations and (where applicable) that the Authority may give notice to the appropriate authority in relation to any debarment lists.