Common use of TOTAL OR PARTIAL FAILURE TO PERFORM Clause in Contracts

TOTAL OR PARTIAL FAILURE TO PERFORM. 19.1 The Service Provider shall thereupon, as soon as possible after such date, provide to TNPA the Services [if any] already completed, and payment for the part performance shall be made on a pro rata basis, provided the uncompleted part is not an integral or essential part of the completed Services. Where an integral or essential part of the work has not been completed, the amount to be paid to the Service Provider will be calculated on the basis of TNPA’s enrichment. 19.2 The Service Provider shall, wherever practicable, provide TNPA with the necessary drawings and/or specifications to enable it to complete the work. 19.3 Whenever, in any case not covered by clause 0 above, the Service Provider fails or neglects to execute the work or to deliver any portion of the Services as required by the terms of this Agreement or Purchase Order, or if any Services are rejected on any of the grounds mentioned, TNPA may cancel this Agreement or Purchase Order in so far as it relates to the unexecuted work or the unprovidd or rejected portion of the Services, and in such event, the provision of the remaining portion shall remain subject in all respects to these conditions.

TOTAL OR PARTIAL FAILURE TO PERFORM. 19.1 20.1 The Service Provider shall thereupon, as soon as possible after such date, provide deliver to TNPA the Services [if any] already completed, and payment for the part performance shall be made on a pro rata basis, provided the uncompleted part is not an integral or essential part of the completed Services. Where an integral or essential part of the work has not been completed, the amount to be paid to the Service Provider will be calculated on the basis of TNPA’s enrichment. 19.2 20.2 The Service Provider shall, wherever practicable, provide TNPA with the necessary drawings and/or specifications to enable it to complete the work. 19.3 20.3 Whenever, in any case not covered by clause 0 above, the Service Provider fails or neglects to execute the work or to deliver any portion of the Services as required by the terms of this Agreement or Purchase Order, or if any Services are rejected on any of the grounds mentioned, TNPA may cancel this Agreement or Purchase Order in so far as it relates to the unexecuted work or the unprovidd undelivered or rejected portion of the Services, and in such event, the provision supply of the remaining portion shall remain subject in all respects to these conditions.