Rectification of Delay in Implementation. If the Supplier becomes aware that there is, or there is reasonably likely to be, a Delay under this Call Off Contract: it shall: notify the Customer as soon as practically possible and no later than within two (2) Working Days from becoming aware of the Delay or anticipated Delay; and include in its notification an explanation of the actual or anticipated impact of the Delay; and comply with the Customer’s instructions in order to address the impact of the Delay or anticipated Delay; and use all reasonable endeavours to eliminate or mitigate the consequences of any Delay or anticipated Delay; and if the Delay or anticipated Delay relates to a Milestone in respect which a Delay Payment has been specified in the Implementation Plan, Clause 6.4 (Delay Payments) shall apply.
Rectification of Delay in Implementation. 6.2.1 If the Supplier becomes aware that there is, or there is reasonably likely to be, a Delay under this Contract:
Rectification of Delay in Implementation. If the Supplier becomes aware that there is, or there is reasonably likely to be, a Delay under this Call Off Contract: it shall: notify the Customer as soon as practically possible and no later than within two (2) Working Days from becoming aware of the Delay or anticipated Delay; and include in its notification an explanation of the actual or anticipated impact of the Delay; and comply with the Customer’s instructions in order to address the impact of the Delay or anticipated Delay; and use all reasonable endeavours to eliminate or mitigate the consequences of any Delay or anticipated Delay; and if the Delay or anticipated Delay relates to a Milestone in respect which a Delay Payment has been specified in the Implementation Plan, Clause 5.4 (Delay Payments) shall apply. Delay Payments If Delay Payments have been included in the Implementation Plan and a Milestone has not been achieved by the relevant Milestone Date, the Supplier shall pay to the Customer such Delay Payments (calculated as set out by the Customer in the Implementation Plan) and the following provisions shall apply: the Supplier acknowledges and agrees that any Delay Payment is a price adjustment and not an estimate of the Loss that may be suffered by the Customer as a result of the Supplier’s failure to Achieve the corresponding Milestone; Delay Payments shall be the Customer's exclusive financial remedy for the Supplier’s failure to Achieve a corresponding Milestone by its Milestone Date except where: the Customer is otherwise entitled to or does terminate this Call Off Contract pursuant to Clause 31 (Customer Termination Rights) except Clause 31.5 (Termination Without Cause); or the delay exceeds the number of days (the “Delay Period Limit”) specified in Part A of Call Off Schedule 4: (Implementation Plan, Customer Responsibilities and Key Personnel) for the purposes of this sub-Clause, commencing on the relevant Milestone Date; the Delay Payments will accrue on a daily basis from the relevant Milestone Date and shall continue to accrue until the date when the Milestone is Achieved (unless otherwise specified by the Customer in the Implementation Plan); no payment or concession to the Supplier by the Customer or other act or omission of the Customer shall in any way affect the rights of the Customer to recover the Delay Payments or be deemed to be a waiver of the right of the Customer to recover any such damages unless such waiver complies with Clause 38 (Waiver and Cumulative Remedies)...
