Purchaser Cause definition
Examples of Purchaser Cause in a sentence
Following the receipt of a Relief Notice, the Purchaser shall as soon as reasonably practicable consider the nature of the Service Provider Non-Performance and the alleged Purchaser Cause and whether it agrees with the Service Provider’s assessment set out in the Relief Notice as to the effect of the relevant Purchaser Cause, consulting with the Service Provider where necessary.
All changes to the Outline Implementation Plan shall be subject to the Change Control Procedure provided that the Service Provider shall not attempt to postpone any of the Milestones using the Change Control Procedure or otherwise (except in accordance with clause 26 (Purchaser Cause)).
The Service Provider shall use all reasonable endeavours to eliminate or mitigate the consequences and impact of a Purchaser Cause, including any Losses that the Service Provider may incur and the duration and consequences of any Delay or anticipated Delay.
The provisions of clause 22 (Deliverables and Milestones), clause 24 (Implementation) including 24.3 and 24.4 (Rectification Plan) and 24.5 (Testing and Achievement of Milestones) and clause 26 (Purchaser Cause), shall apply to Testing.
If a dispute arises as to: whether a Service Provider Non-Performance would not have occurred but for a Purchaser Cause; and/or the nature and/or extent of the relief and/or compensation claimed by the Service Provider, the dispute shall be resolved in accordance with clause 61 (Dispute Resolution).
Without prejudice to clause 26 (Purchaser Cause), whether any defect or delay in relation to Deliverables is due to the Purchaser or not, the Service Provider shall deploy all additional resources to address the consequences of the default or delay.
If a dispute arises as to: whether a Service Provider Non-Performance would not have occurred but for a Purchaser Cause; and/or the nature and/or extent of the relief and/or compensation claimed by the Service Provider, the dispute shall be resolved in accordance with clause 61.