Common use of Act 1998 Clause in Contracts

Act 1998. Where the Contractor enters into a sub-contract with a supplier or contractor for the purpose of performing its obligations under the Contract, it shall ensure that a provision is included in such a sub-contract which requires payment to be made of all sums due by the Contractor to the sub-contractor within a specified period not exceeding 30 days from the receipt of a valid invoice provided always that the Contractor has been paid by the Authority. Recovery of Sums Due Whenever under the Contract any sum of money is recoverable from or payable by the Contractor (including any sum which the Contractor is liable to pay to the Authority in respect of any Default), the Authority may unilaterally deduct that sum from any sum then due, or which at any later time may become due to the Contractor from the Authority under the Contract or under any other agreement or contract with the Authority or the Crown. Any overpayment by either Party, whether of the Contract Price or of VAT, shall be a sum of money recoverable by the Party who made the overpayment from the Party in receipt of the overpayment. The Contractor shall make any payments due to the Authority without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Contractor has a valid court order requiring an amount equal to such deduction to be paid by the Authority to the Contractor. Price Adjustment on Extension of the Initial Contract Period The Contract Price shall be firm for the Initial Contract Period. In the event that the Authority agrees to extend the Initial Contract Period pursuant to clause 31 the Authority shall, in the six (6) Month period prior to the expiry of the Initial Contract Period, enter into good faith negotiations with the Contractor (for a period of not more than thirty (30) Working Days) to agree a variation in the Contract Price. If the Parties are unable to agree a variation in the Contract Price in accordance with clause 13.1, the Contract shall terminate at the end of the Initial Contract Period. If a variation in the Contract Price is agreed between the Authority and the Contractor, the revised Contract Price will take effect from the first day of any period of extension and shall apply during such period of extension. Any increase in the Contract Price pursuant to clause 13.1 shall not exceed the percentage change in the Office of National Statistics’ Consumer Prices Index ("CPI") (or such other index specified in the Pricing and Payment Schedule) between the Commencement Date and the date six (6) Months before the end of the Initial Contract Period.

Act 1998. Where the Contractor enters into a sub-contract with a supplier or contractor for the purpose of performing its obligations under the Contract, it shall ensure that a provision is included in such a sub-contract which requires payment to be made of all sums due by the Contractor to the sub-contractor within a specified period not exceeding 30 days from the receipt of a valid invoice provided always that the Contractor has been paid by the Authority. Recovery of Sums Due Whenever under the Contract any sum of money is recoverable from or payable by the Contractor (including any sum which the Contractor is liable to pay to the Authority in respect of any Default), the Authority may unilaterally deduct that sum from any sum then due, or which at any later time may become due to the Contractor from the Authority under the Contract or under any other agreement or contract with the Authority or the Crown. Any overpayment by either Party, whether of the Contract Price or of VAT, shall be a sum of money recoverable by the Party who made the overpayment from the Party in receipt of the overpayment. The Contractor shall make any payments due to the Authority without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Contractor has a valid court order requiring an amount equal to such deduction to be paid by the Authority to the Contractor. Price Adjustment on Extension of the Initial Contract Period The Contract Price shall be firm for the Initial Contract PeriodPeriod as described within Schedule H Pricing & Payment. In the event that the Authority agrees to extend the Initial Contract Period pursuant to clause 31 the Authority shall, in the six (6) Month period prior to the expiry of the Initial Contract Period, enter into good faith negotiations with the Contractor (for a period of not more than thirty (30) Working Days) to agree a variation in the Contract Price. If the Parties are unable to agree a variation in the Contract Price in accordance with clause 13.1, the Contract shall terminate at the end of the Initial Contract Period. If a variation in the Contract Price is agreed between the Authority and the Contractor, the revised Contract Price will take effect from the first day of any period of extension and shall apply during such period of extension. Any increase in the Contract Price pursuant to clause 13.1 shall not exceed the percentage change in the Office of National Statistics’ Consumer Prices Index ("CPI") (or such other index specified in the Pricing and Payment Schedule) between the Commencement Date and the date six (6) Months before the end of the Initial Contract Period.

Act 1998. Where the Contractor enters into a sub-contract with a supplier or contractor for the purpose of performing its obligations under the Contract, it shall ensure that a provision is included in such a sub-contract which requires payment to be made of all sums due by the Contractor to the sub-contractor within a specified period not exceeding 30 days from the receipt of a valid invoice provided always that the Contractor has been paid by the Authority. Recovery of Sums Due Whenever under the Contract any sum of money is recoverable from or payable by the Contractor (including any sum which the Contractor is liable to pay to the Authority in respect of any Default), the Authority may unilaterally deduct that sum from any sum then due, or which at any later time may become due to the Contractor from the Authority under the Contract or under any other agreement or contract with the Authority or the Crown. Any overpayment by either Party, whether of the Contract Price or of VAT, shall be a sum of money recoverable by the Party who made the overpayment from the Party in receipt of the overpayment. The Contractor shall make any payments due to the Authority without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Contractor has a valid court order requiring an amount equal to such deduction to be paid by the Authority to the Contractor. Price Adjustment on & Extension of the Initial Contract Period The Contract Price shall be firm for the first 12 months. Thereafter the price review model will follow the Annual Pricing Review Methodology contained within the pricing schedule for the Initial Contract Period. In the event that the Authority agrees to extend the Initial Contract Period pursuant to clause 31 the Authority shall, in the six (6) Month period prior to the expiry of the Initial Contract Period, enter into good faith negotiations with the Contractor (for a period of not more than thirty (30) Working Days) to agree a variation in the Contract Price. If the Parties are unable to agree a variation in the Contract Price in accordance with clause 13.1, the Contract shall terminate at the end of the Initial Contract Period. If a variation in the Contract Price is agreed between the Authority and the Contractor, the revised Contract Price will take effect from the first day of any period of extension and shall apply during such period of extension. Any increase in the Contract Price pursuant to clause 13.1 shall not exceed the percentage change in the Office of National Statistics’ Consumer Prices Index ("CPI") (or such other index specified in the Pricing and Payment Schedule) between the Commencement Date and the date six (6) Months before the end of the Initial Contract Period.

Act 1998. Where the Contractor enters into a sub-contract with a supplier Contractor or contractor for the purpose of performing its obligations under the Contract, it shall ensure that a provision is included in such a sub-contract which requires payment to be made of all sums due by the Contractor to the sub-contractor within a specified period not exceeding 30 days from the receipt of a valid invoice provided always that the Contractor has been paid by the Authority. Recovery of Sums Due Whenever under the Contract any sum of money is recoverable from or payable by the Contractor (including any sum which the Contractor is liable to pay to the Authority in respect of any Default), the Authority may unilaterally deduct that sum from any sum then due, or which at any later time may become due to the Contractor from the Authority under the Contract or under any other agreement or contract with the Authority or the Crown. Any overpayment by either Party, whether of the Contract Price or of VAT, shall be a sum of money recoverable by the Party who made the overpayment from the Party in receipt of the overpayment. The Contractor shall make any payments due to the Authority without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Contractor has a valid court order requiring an amount equal to such deduction to be paid by the Authority to the Contractor. Price Adjustment on Extension of the Initial Contract Period The Contract Price shall be firm for the Initial Contract Period. In the event that the Authority agrees to extend the Initial Contract Period pursuant to clause 31 the Authority shall, in the six (6) Month period prior to the expiry of the Initial Contract Period, enter into good faith negotiations with the Contractor (for a period of not more than thirty (30) Working Days) to agree a variation in the Contract Price. If the Parties are unable to agree a variation in the Contract Price in accordance with clause 13.1, the Contract shall terminate at the end of the Initial Contract Period. If a variation in the Contract Price is agreed between the Authority and the Contractor, the revised Contract Price will take effect from the first day of any period of extension and shall apply during such period of extension. Any increase in the Contract Price pursuant to clause 13.1 shall not exceed the percentage change in the Office of National Statistics’ Consumer Prices Index ("CPI") (or such other index specified in the Pricing and Payment Schedule) between the Commencement Date and the date six (6) Months before the end of the Initial Contract Period.

Act 1998. Where the Contractor enters into a sub-contract with a supplier or contractor for the purpose of performing its obligations under the Contract, it shall ensure that a provision is included in such a sub-contract which requires payment to be made of all sums due by the Contractor to the sub-contractor within a specified period not exceeding 30 days from the receipt of a valid invoice provided always that the Contractor has been paid by the Authority. Recovery of Sums Due Whenever under the Contract any sum of money is recoverable from or payable by the Contractor (including any sum which the Contractor is liable to pay to the Authority in respect of any Default), the Authority may unilaterally deduct that sum from any sum then due, or which at any later time may become due to the Contractor from the Authority under the Contract or under any other agreement or contract with the Authority or the Crown. Any overpayment by either Party, whether of the Contract Price or of VAT, shall be a sum of money recoverable by the Party who made the overpayment from the Party in receipt of the overpayment. The Contractor shall make any payments due to the Authority without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Contractor has a valid court order requiring an amount equal to such deduction to be paid by the Authority to the Contractor. Price Adjustment on Extension of the Initial Contract Period The Contract Price shall be firm for the Initial Contract Period. In the event that the Authority agrees to extend the Initial Contract Period pursuant to clause 31 the Authority shall, in the six two (62) Month period prior to the expiry of the Initial Contract Period, enter into good faith negotiations with the Contractor (for a period of not more than thirty (30) Working Days) to agree a variation in the Contract Price. If the Parties are unable to agree a variation in the Contract Price in accordance with clause 13.1, the Contract shall terminate at the end of the Initial Contract Period. If a variation in the Contract Price is agreed between the Authority and the Contractor, the revised Contract Price will take effect from the first day of any period of extension and shall apply during such period of extension. Any increase in the Contract Price pursuant to clause 13.1 shall not exceed the percentage change in the Office of National Statistics’ Consumer Prices Index ("CPI") (or such other index specified in the Pricing and Payment Schedule) between the Commencement Date and the date six (6) Months before the end of the Initial Contract Period.