Common use of Defective Services Clause in Contracts

Defective Services. 5.1 The Supplier shall promptly notify the Customer of: a. any delays or problems from time to time in the provision of the Services of which the Supplier becomes aware; b. any circumstances from time to time which may prevent the Supplier from providing the Services in accordance with this Agreement or applicable SOW together with (where practicable) recommendations as to how such circumstances can be avoided; and c. any complaint (whether written or not) or other matter which comes to its attention and which it reasonably believes may give rise to any loss by or claim against the Customer or which may result in any adverse publicity for the Customer. 5.2 The Customer shall, without limiting any right or remedy of the Customer, promptly report to the Supplier any defects in the Supplier's performance of the Services as soon as reasonably practicable after any such defect comes to the attention of the Customer. 5.3 Where any defect in the provision of the Services is reported to the Supplier by the Customer or otherwise comes to the attention of the Supplier, the Supplier shall, without limiting any other right or remedy of the Customer, use its reasonable endeavours to provide such further services as are necessary in order to rectify the default as soon as is reasonably practicable. If the Supplier is unable to remedy the Services or Deliverables and this has a material adverse impact on the Agreement and/or the relevant SOW the Escalation procedure in Clause 7 below shall be followed.