TOTAL OR PARTIAL FAILURE TO PERFORM Sample Clauses
The "Total or Partial Failure to Perform" clause defines the consequences and procedures when one party does not fully or partially fulfill its contractual obligations. In practice, this clause outlines what constitutes a failure to perform, the steps the non-breaching party may take—such as providing notice, seeking remedies, or suspending their own performance—and may specify exceptions like force majeure events. Its core function is to allocate risk and provide a clear framework for addressing breaches, ensuring both parties understand their rights and responsibilities if performance issues arise.
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TOTAL OR PARTIAL FAILURE TO PERFORM. In the case of Goods to be specially manufactured for it, if Transnet at any time ascertains that:
TOTAL OR PARTIAL FAILURE TO PERFORM. 20.1 In the case of Goods to be specially manufactured for it, if Transnet at any time ascertains that:
a) no manufacturing of the Goods specified in a Purchase Order has commenced and there is little or no prospect, in Transnet’s opinion, that manufacturing will commence within a reasonable time; or
b) delivery of any of the Goods is being or is likely to be delayed beyond the promised delivery date(s), and there is little or no prospect of the Purchase Order(s) being carried out within reasonable adherence to the promised delivery rate(s) or time(s), then Transnet may, irrespective of the cause of the delay, by notice to the Supplier, cancel as from a future date specified in such notice the whole or any part of this Agreement or Purchase Order in respect of which the Goods to be supplied have not been completed by that date, without incurring any liability by reason of such cancellation except as provided in this clause.
20.2 The Supplier/Service Provider shall thereupon, as soon as possible after such date, deliver to Transnet the Goods/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 Goods/Services. Where an integral or essential part of the work has not been completed, the amount to be paid to the Supplier/Service Provider will be calculated on the basis of Transnet’s enrichment. The Supplier/Service Provider shall, wherever practicable, supply Transnet with the necessary drawings and/or specifications to enable it to complete the work.
20.3 Whenever, in any case not covered by clause 20.1 above, the Supplier fails or neglects to execute the work or to deliver any portion of the Goods/Services as required by the terms of this Agreement or Purchase Order, or if any Goods/Services are rejected on any of the grounds mentioned in clause Error! Reference source not found. [Defective Goods], Transnet may cancel this Agreement or Purchase Order in so far as it relates to the unexecuted work or the undelivered or rejected portion of the Goods/Services, and in such event, the supply of the remaining portion shall remain subject in all respects to these conditions.
TOTAL OR PARTIAL FAILURE TO PERFORM. 20.1 In the case of Goods to be specially manufactured for it, if Transnet at any time ascertains that:
a) no manufacturing of the Goods specified in a Purchase Order has commenced and there is reasonable time; or
b) delivery of any of the Goods is being or is likely to be delayed beyond the promised delivery date(s), and there is little or no prospect of the Purchase Order(s) being carried out within reasonable adherence to the promised delivery rate(s) or time(s), then Transnet may, irrespective of the cause of the delay, by notice to the Supplier, cancel as from a future date specified in such notice the whole or any part of this Agreement or Purchase Order in respect of which the Goods to be supplied have not been completed by that date, without incurring any liability by reason of such cancellation except as provided in this clause.
20.2 The Supplier/Service Provider shall thereupon, as soon as possible after such date, deliver to Transnet 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 Supplier/Service Provider
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. 20.1 The Service Provider shall thereupon, as soon as possible after such date, deliver to Transnet 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 Transnet’s enrichment. The Service Provider shall, wherever practicable, supply Transnet with the necessary drawings and/or specifications to enable it to complete the work.
20.2 Whenever, in any case not covered by clause 20.1 above, the Supplier 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. Transnet may cancel this Agreement or Purchase Order in so far as it relates to the unexecuted work or the undelivered or rejected portion of the Services, and in such event, the supply of the remaining portion shall remain subject in all respects to these conditions.