Service Performance. 8.1. If the Services or any portion thereof are not delivered within the time or times specified in Schedule 2.1 or agreed between the parties or any other applicable Schedule to this Contract or any extension that is agreed by the parties in writing Smart DCC shall be entitled, without prejudice to Smart DCC's other rights and remedies, to terminate the Contract in respect of the Services undelivered as aforesaid. 8.2. On such termination Smart DCC shall be entitled at its option to recover from the Contractor any monies already paid for Services not fully delivered and accepted at the point of Termination. 8.3. If at any time the Contractor becomes aware of a delay in providing the Services for whatever reason or cause, the Contractor has to immediately inform Smart DCC at its earliest opportunity summarising the reasons for the delay. In addition, the Contractor shall use its most reasonable endeavours to eliminate or mitigate the consequences of delay and the losses or expenses that may be incurred.
Appears in 3 contracts
Sources: Design Proving Agreement, Interim Time Recording Solution Agreement, Switching CSS VFM Assessment Agreement
Service Performance. 8.1. If the Services or any portion thereof are not delivered within the time or times specified in Schedule 2.1 or agreed between the parties or any other applicable Schedule to this Contract or any extension that is agreed by the parties in writing Smart DCC shall be entitled, without prejudice to Smart DCC's other rights and remedies, to terminate the Contract in respect of the Services undelivered as aforesaid.
8.2. On such termination Smart DCC shall be entitled at its option to recover from the Contractor any monies already paid for Services not fully delivered and accepted at the point of Terminationtermination.
8.3. If at any time the Contractor becomes aware of a delay in providing the Services for whatever reason or cause, the Contractor has to immediately inform Smart DCC at its earliest opportunity summarising the reasons for the delay. In addition, the Contractor shall use its most reasonable endeavours to eliminate or mitigate the consequences of delay and the losses or expenses that may be incurred.
Appears in 3 contracts
Sources: Change Management Agreement, Contractor Agreement, Terms and Conditions
Service Performance. 8.1. If the Services or any portion thereof are not delivered within the time or times specified in Schedule 2.1 or agreed between the parties or any other applicable Schedule to this Contract or any extension that is agreed by the parties in writing Smart DCC shall be entitled, without prejudice to Smart DCC's other rights and remedies, to terminate the Contract in respect of the Services undelivered as aforesaid.
8.2. On such termination Smart DCC shall be entitled at its option to recover from the Contractor any monies already paid for Services not fully delivered and accepted at the point of Terminationtermination.
8.3. If at any time the Contractor becomes aware of a delay in providing the Services for whatever reason or cause, the Contractor has to immediately inform Smart DCC at its earliest opportunity summarising the reasons for the delay. In addition, the Contractor shall use its most reasonable endeavours to eliminate or mitigate the consequences of delay and the losses or expenses that may be incurred.
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Service Performance. 8.1. If the Services or any portion thereof are not delivered within the time or times specified in Schedule 2.1 or agreed between the parties or any other applicable Schedule to this Contract or any extension that is agreed by the parties in writing writing, Smart DCC shall be entitled, without prejudice to Smart DCC's other rights and remedies, to terminate the Contract in respect of the Services undelivered as aforesaid.
8.2. On such termination Smart DCC shall be entitled at its option to recover from the Contractor any monies already paid for Services not fully delivered and accepted at the point of Terminationtermination.
8.3. If at any time the Contractor becomes aware of a delay in providing the Services for whatever reason or cause, the Contractor has to immediately inform Smart DCC at its earliest opportunity summarising the reasons for the delay. In addition, the Contractor shall use its most reasonable endeavours to eliminate or mitigate the consequences of delay and the losses or expenses that may be incurred.incurred to the extent attributable to the Contractor. DCCT0254 DCC Confidential Page 12 of 63
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