What happens if the Contract ends. 14.3.1 Where the Buyer terminates the Contract under Clause 14.2.1 or pursuant to any of the Schedules, all of the following apply: a) The Supplier is responsible for the Buyer’s reasonable costs of procuring Replacement Deliverables for the rest of the Contract Period. b) Accumulated rights of the Parties are not affected. c) The Supplier must promptly delete or return the Buyer Data except where required to retain copies by Law or in accordance with regulations governing professional bodies. d) The Supplier must promptly return any of the Buyer’s property provided under the terminated Contract. e) The Supplier must, at no cost to the Buyer, provide reasonable co- operation in the handover and re-procurement (including to a replacement supplier). f) The Supplier must repay to the Buyer all the Charges that it has been paid in advance for Deliverables that it has not provided as at the date of termination or expiry. g) Any Clauses and Schedules which are expressly or by implication intended to continue shall survive the termination of the Contract. 14.3.2 If the Buyer terminates the Contract under Clause 14.1: a) the Buyer must promptly pay all outstanding Charges incurred to the Supplier; b) the Buyer shall pay to the Supplier the costs that the Supplier has incurred directly as a result of the early termination of the Contract which are unavoidable, reasonable and not capable of recovery as long as the Supplier provides a fully itemised and costed schedule with evidence and takes all reasonable steps to mitigate the same. The maximum value of this payment is limited to the total costs which would have been paid to the Supplier as part of the Charges if the Contract had not been terminated; and c) Clauses 14.3.1b) to 14.3.1g) apply. 14.3.3 If either Party terminates the Contract under Clause 24.3: a) each party must cover its own Losses; and b) Clauses 14.3.1b) to 14.3.1g) apply.
Appears in 1 contract
Sources: Network Rail Contract for Goods and/or Non Construction Services
What happens if the Contract ends. 14.3.1 Where the Buyer terminates the Contract under Clause 14.2.1 or pursuant to any of the Schedules, all of the following apply:
a) The Supplier is responsible for the Buyer’s reasonable costs of procuring Replacement Deliverables for the rest of the Contract Period.
b) Accumulated rights of the Parties are not affected.
c) The Supplier must promptly delete or return the Buyer Data except where required to retain copies by Law or in accordance with regulations governing professional bodies.
d) The Supplier must promptly return any of the Buyer’s property provided under the terminated Contract.
e) The Supplier must, at no cost to the Buyer, provide reasonable co- operation in the handover and re-procurement (including to a replacement supplier).
f) The Supplier must repay to the Buyer all the Charges that it has been paid in advance for Deliverables that it has not provided as at the date of termination or expiry.
g) Any Clauses and Schedules which are expressly or by implication intended to continue shall survive the termination of the Contract.
14.3.2 If the Buyer terminates the Contract under Clause 14.1:
a) the Buyer must promptly pay all outstanding Charges incurred to the Supplier;
b) the Buyer shall pay to the Supplier the costs that the Supplier has incurred directly as a result of the early termination of the Contract which are unavoidable, reasonable and not capable of recovery as long as the Supplier provides a fully itemised and costed schedule with evidence and takes all reasonable steps to mitigate the same. The maximum value of this payment is limited to the total costs which would have been paid to the Supplier as part of the Charges if the Contract had not been terminated; and
c) Clauses 14.3.1b14.3.1c)14.3.1b) to 14.3.1g) apply.
14.3.3 If either Party terminates the Contract under Clause 24.3:
a) each party must cover its own Losses; and
b) Clauses 14.3.1b) to 14.3.1g) apply.
Appears in 1 contract
Sources: Network Rail Contract for Goods and/or Non Construction Services