EFFECT OF commissioner CAUSE. 5.1To the extent that a Service Failure has occurred as a result of a Commissioner Xxxxx, the Supplier will have the rights and relief set out in clause 5.2.
EFFECT OF commissioner CAUSE. To the extent that a Service Failure has occurred as a result of a Commissioner Xxxxx, the Supplier will have the rights and relief set out in clause 5.2. The Supplier shall: (in measuring the performance of any affected Service) be treated as though the relevant Service had met the relevant requirements of this Agreement to the extent that the Service Failure is due to any Commissioner Cause; and not be treated as being in breach of this Agreement to the extent that non‑performance or breach is due to any Commissioner Xxxxx; and be entitled to the Contract Price in respect of the relevant Services affected by the Commissioner Cause as if it had not occurred. If the Supplier claims that clause 5.1 applies, and in order to claim the rights and reliefs in clause 5.2, it shall provide the Commissioner with details of the Commissioner Cause within 10 Working Days of the event which the Supplier alleges to have given rise to the Commissioner Xxxxx. Any disputes about or arising out of whether a Commissioner Xxxxx applies to the Supplier's failure to provide the Services in accordance with this Agreement shall be resolved in accordance with the provisions of clause 17 (Dispute Resolution). Pending the resolution of the dispute both parties shall continue to resolve the causes of, and mitigate the effects of, such failure.
EFFECT OF commissioner CAUSE. To the extent that a Service Failure has occurred as a result of a Commissioner Cause, the Supplier will have the rights and relief set out in clause 5.2. The Supplier shall: (in measuring the performance of any affected Service) be treated as though the relevant Service had met the relevant requirements of this Agreement to the extent that the Service Failure is due to any Commissioner Cause; and not be treated as being in breach of this Agreement to the extent that non‑performance or breach is due to any Commissioner Cause; and be entitled to the Contract Price in respect of the relevant Services affected by the Commissioner Cause as if it had not occurred. If the Supplier claims that clause 5.1 applies, and in order to claim the rights and reliefs in clause 5.2, it shall provide the Commissioner with details of the Commissioner Cause within 10 Working Days of the event which the Supplier alleges to have given rise to the Commissioner Cause. Any disputes about or arising out of whether a Commissioner Cause applies to the Supplier's failure to provide the Services in accordance with this Agreement shall be resolved in accordance with the provisions of clause 15 (Dispute Resolution). Pending the resolution of the dispute both parties shall continue to resolve the causes of, and mitigate the effects of, such failure. Remedies in the event of inadequate performance In the event that the Commissioner is of the reasonable opinion that there has been a material breach of this Agreement by the Supplier, then the Commissioner may, without prejudice to its rights under clauses 4 (Service Failure) and 37.3 (Termination on Default), do any of the following: require the Supplier to re-perform the relevant Services or to comply with its obligations, at its own cost; without terminating this Agreement, itself supply or procure the supply of all or part of the Services by a third party until such time as the Supplier shall have demonstrated to the reasonable satisfaction of the Commissioner that the Supplier will once more be able to supply all or such part of the Services in accordance with this Agreement; without terminating the whole of this Agreement, terminate this Agreement in respect of part of the Services only (whereupon a corresponding reduction in the Contract Price shall be made) and thereafter itself supply or procure a third party to supply such part of the Services; and/or terminate, in accordance with clause 37.3 (Termination on Default), the whole of th...
