Performance Measurement. In addition to any more specific obligations imposed by the terms of the Contract, it shall be the duty of the Contractor to provide the Services to the Contract Standard which in all respects shall be to the satisfaction of the Authorised Officer. The Contractor shall institute and maintain a properly documented system of quality control as set out in the Specification and which is to the satisfaction of the Authorised Officer to ensure that the Contract Standard is met. In addition to any other rights of the Authority and any Beneficiary under the Contract, the Authorised Officer shall be entitled to inspect the Contractor’s quality control system referred to in Clause 5.2 above. During the Contract Period, the Authorised Officer may inspect and examine the provision of the Services being carried out at the Location without notice at any time. The Contractor shall provide to the Authority all such facilities as the Authority may require for such inspection and examination. The Contractor shall allow the Authority and any person, firm or organisation authorised by the Authority to have access to and to audit all records maintained by the Contractor in relation to the supply of the Services. The Contractor shall assist the Authority or any party authorised by the Authority (as the case may be) in the conduct of the audit. If any part of any Service is found to be defective or different in any way from the Specification or otherwise has not been provided to the Contract Standard other than as a result of a default or negligence on the part of the Authority or any Beneficiary, the Contractor shall at its own expense re-perform the Services in question (without additional remuneration therefor) within such time as the Authority or any Beneficiary may reasonably specify failing which the Authority or any Beneficiary shall be entitled to procure performance of the defective Services from a third party or to execute the tasks in question itself. If the cost to the Authority or any Beneficiary of executing or procuring such Services exceeds the amount that would have been payable to the Contractor for such Services, the excess shall be paid by the Contractor to the Authority or any Beneficiary on demand in addition to any other sums payable by the Contractor to the Authority or any Beneficiary in respect of the breach of Contract. If the performance of the Contract by the Contractor is delayed by reason of any act or default on the part of the Authority or any Beneficiary or, by any other cause that the Contractor could not have reasonably foreseen or prevented and for which it was not responsible, the Contractor shall be allowed a reasonable extension of time for completion of the Services so affected. For each Service, the Authority or any Beneficiary shall ascertain whether the Contractor's provision of the Service in question meets any performance criteria as specified in the Specification or, if the criteria are not so specified, meets the standards of a professional provider of the Services. On or before the fifteenth working day of each calendar month during the Contract Period and within 14 days after termination of the Contract, the Authority or any Beneficiary may: in respect of each of the Services during the preceding calendar month, provide to the Contractor a notice (each called a "Performance Notice") which shall set out a statement of the Authority’s or any Beneficiary's dissatisfaction with the Contractor's performance and provision of the Services; each Performance Notice issued by the Authority or the Beneficiary shall include a proposed rebate of the Contract Price commensurate to the under-performance of the Contractor as recorded in the Performance Notice; if the Contractor disputes any matter referred to in any Performance Notice and/or the proposed rebate of the Contract Price, the Contractor may raise this objection with the Authority or the Beneficiary and if this matter is not resolved within 7 days the matter shall be referred to the Dispute Resolution Procedure; and if the Contractor has not raised any objection to the Performance Notice within 7 days of receipt (or such other period as agreed between the Parties) then that Performance Notice shall be deemed to have been accepted by the Contractor and the rebate on the Contract Price referred to therein shall become immediately effective. The Authority and any Beneficiary's rights under Clause 5.8 are without prejudice to any other rights or remedies the Authority or any Beneficiary may be entitled to. On request, the Contractor shall submit to the Authority and any Beneficiary progress reports detailing its adherence to the timetable (if any) as set out in the Specification in a format approved by the Authority or any Beneficiary. The submission and acceptance of such reports shall not prejudice any other rights or remedies of the Authority or any Beneficiary under the Contract. If required by the Authority or any Beneficiary, the Parties shall co-operate in sharing information and developing performance measurement criteria with the object of improving the Parties’ efficiency. Any such agreements shall be fully recorded in writing by the Authority or Beneficiary as the case may be.
Appears in 9 contracts
Samples: Requirements and Plan, Requirements and Plan, Blood and Transplant
Performance Measurement. In addition to any more specific obligations imposed by the terms of the ContractAgreement, it shall be the duty of the Contractor to provide perform the Services Project to the Contract Agreement Standard which in all respects shall be and to the reasonable satisfaction of the Authorised Officer. The Contractor shall institute and maintain a properly documented system of quality control as set out in the Specification and (which is and remains to the satisfaction of the Authorised Officer Officer) to ensure that the Contract Agreement Standard is met. In addition to any other rights of the Authority and any Beneficiary NICE under the ContractAgreement, the Authorised Officer shall be entitled to inspect the Contractor’s quality control system referred to in Clause 5.2 6.2 above. During the Contract Agreement Period, the Authorised Officer may inspect and examine the provision performance of the Services Project being carried out at by the Location without notice Contractor at any timetime on reasonable notice. The Contractor shall provide to the Authority NICE all such facilities (including, but not limited to, access to any staff or personnel involved in the delivery of the Project) as the Authority NICE may require for such inspection and examination. Where the Contractor requires that the Authorised Officer complies with any health and safety or security policies while carrying out any such inspection or examination the Contractor will notify the Authorised Officer of such policies at the time of the visit. Following notification of the health and safety or security policies, the Authorised Officer will then comply with these policies to the extent that they are reasonable and do not frustrate the purposes of the inspection or examination. The Contractor shall allow the Authority NICE and any person, firm or organisation authorised by the Authority NICE to have access to and to audit all records maintained by the Contractor in relation to the supply of the ServicesProject. The Contractor shall assist the Authority NICE or any party authorised by the Authority NICE (as the case may be) in the conduct of the audit. If any part of any Service Project is found to be defective or different in any way from the Specification (as may be varied in accordance with Clause 21.1) or otherwise has not been provided to the Contract Agreement Standard (other than as a result of a default or negligence on the part of the Authority or any Beneficiary, NICE) the Contractor shall at its own expense re-perform the Services part of the Project in question (without additional remuneration therefortherefore) within such time as the Authority or any Beneficiary NICE may reasonably specify failing which the Authority or any Beneficiary NICE shall be entitled to procure performance of the defective Services part of the Project from a third party or to execute the tasks in question itself. If the itself and to deduct or offset this cost against any payment due to the Authority or any Beneficiary of executing or procuring such Services exceeds the amount that would have been payable to the Contractor for such Services, the excess shall be paid by the Contractor to the Authority or any Beneficiary on demand in addition to any other sums payable by the Contractor to the Authority or any Beneficiary in respect of the breach of Contractcontractor. If the performance of the Contract Agreement by the Contractor is delayed by reason of any act or default on the part of the Authority or any Beneficiary NICE or, by any other cause that the Contractor could not have reasonably foreseen or prevented and for which it was not responsible, the Contractor shall be allowed a reasonable extension of time for completion of the Services Project so affected. For each Service, the Authority or any Beneficiary shall ascertain whether the Contractor's provision of the Service in question meets any performance criteria as specified in the Specification or, if the criteria are not so specified, meets the standards of a professional provider of the Services. On or before the fifteenth working day of each calendar month during the Contract Period and within 14 days after termination of the Contract, the Authority or any Beneficiary may: in respect of each of the Services during the preceding calendar month, provide to the Contractor a notice (each called a "Performance Notice") which shall set out a statement of the Authority’s or any Beneficiary's dissatisfaction with the Contractor's performance and provision of the Services; each Performance Notice issued by the Authority or the Beneficiary shall include a proposed rebate of the Contract Price commensurate to the under-performance of the Contractor as recorded in the Performance Notice; if the Contractor disputes any matter referred to in any Performance Notice and/or the proposed rebate of the Contract Price, the Contractor may raise this objection with the Authority or the Beneficiary and if this matter is not resolved within 7 days the matter shall be referred to the Dispute Resolution Procedure; and if the Contractor has not raised any objection to the Performance Notice within 7 days of receipt (or such other period as agreed between the Parties) then that Performance Notice shall be deemed to have been accepted by the Contractor and the rebate on the Contract Price referred to therein shall become immediately effective. The Authority and any Beneficiary's rights under Clause 5.8 are without prejudice to any other rights or remedies the Authority or any Beneficiary may be entitled to. On request, the Contractor shall submit to the Authority and any Beneficiary progress reports detailing its adherence to the timetable (if any) as set out in the Specification in a format approved by the Authority or any Beneficiary. The submission and acceptance of such reports shall not prejudice any other rights or remedies of the Authority or any Beneficiary under the Contract. If required by the Authority or any BeneficiaryNICE, the Parties shall co-operate in sharing information and developing performance measurement criteria with the object of improving the Parties’ efficiency. Any such agreements shall be fully recorded in writing by the Authority or Beneficiary NICE as the case may be.
Appears in 3 contracts
Performance Measurement. In addition to any more specific obligations imposed by the terms of the ContractAgreement, it shall be the duty of the Contractor to provide perform the Services Project to the Contract Agreement Standard which in all respects shall be and to the reasonable satisfaction of the Authorised Officer. The Contractor shall institute and maintain a properly documented system of quality control as set out in the Specification and (which is and remains to the satisfaction of the Authorised Officer Officer) to ensure that the Contract Agreement Standard is met. In addition to any other rights of the Authority and any Beneficiary NICE under the ContractAgreement, the Authorised Officer shall be entitled to inspect the Contractor’s quality control system referred to in Clause 5.2 6.2 above. During the Contract Agreement Period, the Authorised Officer may inspect and examine the provision performance of the Services Project being carried out at by the Location without notice Contractor at any timetime on reasonable notice. The Contractor shall provide to the Authority NICE all such facilities (including, but not limited to, access to any staff or personnel involved in the delivery of the Project) as the Authority NICE may require for such inspection and examination. Where the Contractor requires that the Authorised Officer complies with any health and safety or security policies while carrying out any such inspection or examination the Contractor will notify the Authorised Officer of such policies at the time of the visit. Following notification of the health and safety or security policies, the Authorised Officer will then comply with these policies to the extent that they are reasonable and do not frustrate the purposes of the inspection or examination. The Contractor shall allow the Authority NICE and any person, firm or organisation authorised by the Authority NICE to have access to and to audit all records maintained by the Contractor in relation to the supply of the ServicesProject. The Contractor shall assist the Authority NICE or any party authorised by the Authority NICE (as the case may be) in the conduct of the audit. If any part of any Service Project is found to be defective or different in any way from the Specification (as may be varied in accordance with Clause 21.1) or otherwise has not been provided to the Contract Agreement Standard (other than as a result of a default or negligence on the part of the Authority or any Beneficiary, NICE) the Contractor shall at its own expense re-perform the Services part of the Project in question (without additional remuneration therefortherefore) within such time as the Authority or any Beneficiary NICE may reasonably specify failing which the Authority or any Beneficiary NICE shall be entitled to procure performance of the defective Services part of the Project from a third party or to execute the tasks in question itself. If the cost to the Authority or any Beneficiary of executing or procuring such Services exceeds the amount that would have been payable to the Contractor for such Services, the excess shall be paid by the Contractor to the Authority or any Beneficiary on demand in addition to any other sums payable by the Contractor to the Authority or any Beneficiary in respect of the breach of Contract. If the performance of the Contract Agreement by the Contractor is delayed by reason of any act or default on the part of the Authority or any Beneficiary NICE or, by any other cause that the Contractor could not have reasonably foreseen or prevented and for which it was not responsible, the Contractor shall be allowed a reasonable extension of time for completion of the Services Project so affected. For each Service, the Authority or any Beneficiary shall ascertain whether the Contractor's provision of the Service in question meets any performance criteria as specified in the Specification or, if the criteria are not so specified, meets the standards of a professional provider of the Services. On or before the fifteenth working day of each calendar month during the Contract Period and within 14 days after termination of the Contract, the Authority or any Beneficiary may: in respect of each of the Services during the preceding calendar month, provide to the Contractor a notice (each called a "Performance Notice") which shall set out a statement of the Authority’s or any Beneficiary's dissatisfaction with the Contractor's performance and provision of the Services; each Performance Notice issued by the Authority or the Beneficiary shall include a proposed rebate of the Contract Price commensurate to the under-performance of the Contractor as recorded in the Performance Notice; if the Contractor disputes any matter referred to in any Performance Notice and/or the proposed rebate of the Contract Price, the Contractor may raise this objection with the Authority or the Beneficiary and if this matter is not resolved within 7 days the matter shall be referred to the Dispute Resolution Procedure; and if the Contractor has not raised any objection to the Performance Notice within 7 days of receipt (or such other period as agreed between the Parties) then that Performance Notice shall be deemed to have been accepted by the Contractor and the rebate on the Contract Price referred to therein shall become immediately effective. The Authority and any Beneficiary's rights under Clause 5.8 are without prejudice to any other rights or remedies the Authority or any Beneficiary may be entitled to. On request, the Contractor shall submit to the Authority and any Beneficiary progress reports detailing its adherence to the timetable (if any) as set out in the Specification in a format approved by the Authority or any Beneficiary. The submission and acceptance of such reports shall not prejudice any other rights or remedies of the Authority or any Beneficiary under the Contract. If required by the Authority or any BeneficiaryNICE, the Parties shall co-operate in sharing information and developing performance measurement criteria with the object of improving the Parties’ efficiency. Any such agreements shall be fully recorded in writing by the Authority or Beneficiary NICE as the case may be.
Appears in 1 contract
Samples: Agreement
Performance Measurement. In addition to any more specific obligations imposed by the terms of the Contract, it The Contractor shall be the duty of the Contractor to provide the Services to the Contract Standard which in all respects shall be to the reasonable satisfaction of the Authorised Officer. The Contractor shall institute and maintain a properly documented system of quality control as set out in the Specification and which is to the satisfaction of the Authorised Officer to ensure that the Contract Standard is met. In addition , details of such system to any other rights of be made available for inspection by the Authority and at any Beneficiary under the Contract, the Authorised Officer shall be entitled to inspect the Contractor’s quality control system referred to in Clause 5.2 abovetime upon request. During the Contract Period, the The Authorised Officer may inspect and examine the provision of the Services being carried out at the Location without notice Site at any time. The time and the Contractor shall provide to the Authority all such access, facilities and cooperation as the Authority may require for such inspection and examinationinspection. The Contractor shall allow the Authority will keep accurate, coherent and any person, firm or organisation authorised by the Authority to have access to detailed books and to audit all records maintained by the Contractor in relation to the supply provision of the ServicesServices in accordance with sound and prudent financial management standards. The Contractor All such books and records shall assist be made available to the Authority or any party and its authorised officers and agents upon request by the Authority (as the case may be) in the conduct of the auditat any time upon reasonable notice. If any part of any Service is found considered by the Authorised Officer to be defective or different in any way from the Specification or otherwise has not been provided to the Contract Standard other than as a result of a default or negligence on the part of the Authority or any BeneficiaryAuthority, the Contractor shall at its own expense re-perform the Services in question (without additional remuneration therefortherefore) within such time as the Authority or any Beneficiary may reasonably specify failing which which, without prejudice to its other rights and remedies, the Authority or any Beneficiary shall be entitled to procure performance of the defective Services from a third party or to execute the tasks in question itself. If the cost to the Authority or any Beneficiary of executing or procuring such Services exceeds the amount that would have been payable to the Contractor for such Services, the excess shall be paid by the Contractor to the Authority or any Beneficiary on demand in addition to any other sums payable by the Contractor to the Authority or any Beneficiary in respect of the breach of Contract. If the performance of any obligation in the Contract by the Contractor is delayed by reason of any act act, omission or default on the part of the Authority or any Beneficiary or, (not contributed to by any other cause that the Contractor could not have reasonably foreseen or prevented and for which it was not responsibleContractor) , the Contractor shall be allowed a reasonable extension of time to perform the relevant obligation so affected. The Authority may, but in its absolute discretion and without obligation, provide the Contractor with reasonable costs for completion of the part of the Services so affected. For each Service, the Authority or any Beneficiary shall ascertain whether the Contractor's provision of the Service in question meets any performance criteria as specified in the Specification or, if the criteria are not so specified, meets the standards of a professional provider of the Services. On or before the fifteenth (15th) working day of each calendar month during the Contract Period and within 14 fifteen (15) days after termination of the Contract, the Authority or any Beneficiary may: in respect of each of the Services during the preceding calendar monthMonth, provide to the Contractor a notice (each called a "Performance Notice") which shall set out a statement of the Authority’s or any Beneficiary's dissatisfaction with the Contractor's performance and provision of the Services; each Performance Notice issued by the Authority or the Beneficiary shall include a proposed rebate of the Contract Price commensurate to the under-performance of the Contractor as recorded in the Performance Notice; if the Contractor disputes any matter referred to in any the Performance Notice and/or the proposed rebate of the Contract Price, the Contractor may raise this objection with within 7 days following the Authority or date of the Beneficiary and if Performance Notice. If this matter is not resolved within a further 7 days following the Contractor raising such objection, the matter shall be referred to the Dispute Resolution ProcedureProcedure (Clause 19); and if the Contractor has not raised any objection to the Performance Notice within 7 days of receipt the date of the Performance Notice (or such other period as agreed between the Parties) then that Performance Notice shall be deemed to have been accepted by the Contractor and the rebate on the Contract Price referred to therein shall become immediately effective. The Authority and any Beneficiary's Authority’s rights under Clause 5.8 5.7 are without prejudice to any other rights or remedies the Authority or any Beneficiary may be entitled to. On request, the Contractor shall submit to the Authority and any Beneficiary progress reports detailing its adherence to the timetable (if any) as set out in the Specification in a format approved by the Authority or any Beneficiaryhave. The submission and acceptance of such reports shall not prejudice any other rights or remedies of the Authority or any Beneficiary under the Contract. If required by the Authority or any Beneficiary, the Parties shall co-operate in sharing information and developing performance measurement criteria with the object of improving the Parties’ efficiency. Any such agreements agreed steps shall be fully recorded in writing by the Authority or Beneficiary as the case may bewriting.
Appears in 1 contract
Samples: data.gov.uk
Performance Measurement. In addition to any more specific obligations imposed by the terms of the Contract, it The Contractor shall be the duty of the Contractor to provide the Services to the Contract Standard which in all respects shall be to the reasonable satisfaction of the Authorised Officer. The Contractor shall institute and maintain a properly documented system of quality control as set out in the Specification and which is to the satisfaction of the Authorised Officer to ensure that the Contract Standard is met. In addition , details of such system to any other rights of be made available for inspection by the Authority and at any Beneficiary under the Contract, the Authorised Officer shall be entitled to inspect the Contractor’s quality control system referred to in Clause 5.2 abovetime upon request. During the Contract Period, the The Authorised Officer may inspect and examine the provision of the Services being carried out at the Location without notice Site at any time. The time and the Contractor shall provide to the Authority all such access, facilities and cooperation as the Authority may require for such inspection and examinationinspection. The Contractor shall allow the Authority will keep accurate, coherent and any person, firm or organisation authorised by the Authority to have access to detailed books and to audit all records maintained by the Contractor in relation to the supply provision of the ServicesServices in accordance with sound and prudent financial management standards. The Contractor All such books and records shall assist be made available to the Authority or any party and its authorised officers and agents upon request by the Authority (as the case may be) in the conduct of the auditat any time upon reasonable notice. If any part of any Service is found considered by the Authorised Officer to be defective or different in any way from the Specification or otherwise has not been provided to the Contract Standard other than as a result of a default or negligence on the part of the Authority or any BeneficiaryAuthority, the Contractor shall at its own expense re-perform the Services in question (without additional remuneration therefortherefore) within such time as the Authority or any Beneficiary may reasonably specify failing which which, without prejudice to its other rights and remedies, the Authority or any Beneficiary shall be entitled to procure performance of the defective Services from a third party or to execute the tasks in question itself. If the cost to the Authority or any Beneficiary of executing or procuring such Services exceeds the amount that would have been payable to the Contractor for such Services, the excess shall be paid by the Contractor to the Authority or any Beneficiary on demand in addition to any other sums payable by the Contractor to the Authority or any Beneficiary in respect of the breach of Contract. If the performance of any obligation in the Contract by the Contractor is delayed by reason of any act act, omission or default on the part of the Authority or any Beneficiary or, (not contributed to by any other cause that the Contractor could not have reasonably foreseen or prevented and for which it was not responsibleContractor) , the Contractor shall be allowed a reasonable extension of time to perform the relevant obligation so affected. The Authority may, but in its absolute discretion and without obligation, provide the Contractor with reasonable costs for completion of the part of the Services so affected. For each Service, the Authority or any Beneficiary shall ascertain whether the Contractor's provision of the Service in question meets any performance criteria as specified in the Specification or, if the criteria are not so specified, meets the standards of a professional provider of the Services. On or before the fifteenth (15th) working day of each calendar month during the Contract Period and within 14 fifteen (15) days after termination of the Contract, the Authority or any Beneficiary may: in respect of each of the Services during the preceding calendar monthMonth, provide to the Contractor a notice (each called a "Performance Notice") which shall set out a statement of the Authority’s or any Beneficiary's dissatisfaction with the Contractor's performance and provision of the Services; each Performance Notice issued by the Authority or the Beneficiary shall include a proposed rebate of the Contract Price commensurate to the under-performance of the Contractor as recorded in the Performance Notice; if the Contractor disputes any matter referred to in any the Performance Notice and/or the proposed rebate of the Contract Price, the Contractor may raise this objection with within 7 days following the Authority or date of the Beneficiary and if Performance Notice. If this matter is not resolved within a further 7 days following the Contractor raising such objection, the matter shall be referred to the Dispute Resolution ProcedureProcedure (Clause Error: Reference source not found); and if the Contractor has not raised any objection to the Performance Notice within 7 days of receipt the date of the Performance Notice (or such other period as agreed between the Parties) then that Performance Notice shall be deemed to have been accepted by the Contractor and the rebate on the Contract Price referred to therein shall become immediately effective. The Authority and any Beneficiary's Authority’s rights under Clause 5.8 5.7 are without prejudice to any other rights or remedies the Authority or any Beneficiary may be entitled to. On request, the Contractor shall submit to the Authority and any Beneficiary progress reports detailing its adherence to the timetable (if any) as set out in the Specification in a format approved by the Authority or any Beneficiaryhave. The submission and acceptance of such reports shall not prejudice any other rights or remedies of the Authority or any Beneficiary under the Contract. If required by the Authority or any Beneficiary, the Parties shall co-operate in sharing information and developing performance measurement criteria with the object of improving the Parties’ efficiency. Any such agreements agreed steps shall be fully recorded in writing. Contract Price and Payment In consideration of the Contractor's due and proper performance of its obligations under the Contract, the Contractor may charge the Authority the Contract Price in accordance with this Clause Error: Reference source not found. The only sums payable by the Authority to the Contractor for the provision of the Services shall be the Contract Price. All other costs, charges, fees, claims, expenses, claims, royalties, taxes and duties of whatever kind arising out of or in connection with the Contract shall be the responsibility of the Contractor, other than VAT where applicable, unless otherwise agreed in writing, by the Authority. The Contract Price includes payment in full for all facilities and resources required by the Contractor to provide the Services and any facilities or resources needed or used by the Contractor to perform the Services shall be provided by the Contractor without additional costs to the Authority. In accordance with the Contract, where the Contractor is required to provide Deliverables, the Authority shall without prejudice to its other rights and remedies be entitled to withhold payment of the Contract Price pending receipt and acceptance of the Deliverables in accordance with the Specification. Unless otherwise agreed in the Specification or elsewhere in writing, within 15 days following the end of each Month, the Contractor shall invoice the Authority for any Services provided by the Contractor in that Month. Each invoice must show the Purchase Order number, the period to which it relates and the aspects of the Services for which payment is claimed, together with the agreed charging rates and any other details the Authority may require. Failure to provide any of this information will entitle the Authority to delay payment of the Contract Price without incurring interest. Invoices for the Authority must be sent to the following address: Accounts Payable, NHS Institute of Innovation and Improvement, Xxxxxxxx Xxxxx, Xxxxxxxxxx xx Xxxxxxx Xxxxxx, Xxxxxxxx, XX0 0XX or such other address as may be notified by the Authority in writing from time to time. The Contractor shall not send any invoices until a signed Purchase Order has been received from the Authority for such Services. Subject to Clauses Error: Reference source not found and Error: Reference source not found, the Authority shall pay any invoice submitted by the Contractor in accordance with Clause Error: Reference source not found within 30 days of receipt. Without prejudice to its other rights and remedies, the Authority shall be entitled to withhold, set-off or deduct from any monies due or to become due to the Contractor any monies owing to the Authority from the Contractor. No price variations shall be effective unless and agreed in writing by the Authority or Beneficiary as the case may beboth Parties.
Appears in 1 contract
Samples: data.gov.uk
Performance Measurement. In addition to any more specific obligations imposed by the terms of the ContractAgreement, it shall be the duty of the Contractor to provide perform the Services Project to the Contract Agreement Standard which in all respects shall be and to the reasonable satisfaction of the Authorised Officer. The Contractor shall institute and maintain a properly documented system of quality control as set out in the Specification and (which is and remains to the satisfaction of the Authorised Officer Officer) to ensure that the Contract Agreement Standard is met. In addition to any other rights of the Authority and any Beneficiary NICE under the ContractAgreement, the Authorised Officer shall be entitled to inspect the Contractor’s quality control system referred to in Clause 5.2 6.2 above. During the Contract Agreement Period, the Authorised Officer may inspect and examine the provision performance of the Services Project being carried out at by the Location without notice Contractor at any timetime on reasonable notice. The Contractor shall provide to the Authority NICE all such facilities (including, but not limited to, access to any staff or personnel involved in the delivery of the Project) as the Authority NICE may require for such inspection and examination. Where the Contractor requires that the Authorised Officer complies with any health and safety or security policies while carrying out any such inspection or examination the Contractor will notify the Authorised Officer of such policies at the time of the visit. Following notification of the health and safety or security policies, the Authorised Officer will then comply with these policies to the extent that they are reasonable and do not frustrate the purposes of the inspection or examination. The Contractor shall allow the Authority NICE and any person, firm or organisation authorised by the Authority NICE to have access to and to audit all records maintained by the Contractor in relation to the supply of the ServicesProject. The Contractor shall assist the Authority NICE or any party authorised by the Authority NICE (as the case may be) in the conduct of the audit. If any part of any Service Project is found to be defective or different in any way from the Specification (as may be varied in accordance with Clause 21.1) or otherwise has not been provided to the Contract Agreement Standard (other than as a result of a default or negligence on the part of the Authority or any Beneficiary, NICE) the Contractor shall at its own expense re-perform the Services part of the Project in question (without additional remuneration therefortherefore) within such time as the Authority or any Beneficiary NICE may reasonably specify failing which the Authority or any Beneficiary NICE shall be entitled to procure performance of the defective Services part of the Project from a third party or to execute the tasks in question itself. If the cost to the Authority or any Beneficiary of executing or procuring such Services exceeds the amount that would have been payable to the Contractor for such Services, the excess shall be paid by the Contractor to the Authority or any Beneficiary on demand in addition to any other sums payable by the Contractor to the Authority or any Beneficiary in respect of the breach of Contract. If the performance of the Contract Agreement by the Contractor is delayed by reason of any act or default on the part of the Authority or any Beneficiary NICE or, by any other cause that the Contractor could not have reasonably foreseen or prevented and for which it was not responsible, the Contractor shall be allowed a reasonable extension of time for completion of the Services Project so affected. For each Service, the Authority or any Beneficiary shall ascertain whether the Contractor's provision of the Service in question meets any performance criteria as specified in the Specification or, if the criteria are not so specified, meets the standards of a professional provider of the Services. On or before the fifteenth working day of each calendar month during the Contract Period and within 14 days after termination of the Contract, the Authority or any Beneficiary may: in respect of each of the Services during the preceding calendar month, provide to the Contractor a notice (each called a "Performance Notice") which shall set out a statement of the Authority’s or any Beneficiary's dissatisfaction with the Contractor's performance and provision of the Services; each Performance Notice issued by the Authority or the Beneficiary shall include a proposed rebate of the Contract Price commensurate to the under-performance of the Contractor as recorded in the Performance Notice; if the Contractor disputes any matter referred to in any Performance Notice and/or the proposed rebate of the Contract Price, the Contractor may raise this objection with the Authority or the Beneficiary and if this matter is not resolved within 7 days the matter shall be referred to the Dispute Resolution Procedure; and if the Contractor has not raised any objection to the Performance Notice within 7 days of receipt (or such other period as agreed between the Parties) then that Performance Notice shall be deemed to have been accepted by the Contractor and the rebate on the Contract Price referred to therein shall become immediately effective. The Authority and any Beneficiary's rights under Clause 5.8 are without prejudice to any other rights or remedies the Authority or any Beneficiary may be entitled to. On request, the Contractor shall submit to the Authority and any Beneficiary progress reports detailing its adherence to the timetable (if any) as set out in the Specification in a format approved by the Authority or any Beneficiary. The submission and acceptance of such reports shall not prejudice any other rights or remedies of the Authority or any Beneficiary under the Contract. If required by the Authority or any BeneficiaryNICE, the Parties shall co-operate in sharing information and developing performance measurement criteria with the object of improving the Parties’ efficiency. Any such agreements shall be fully recorded in writing by the Authority or Beneficiary NICE as the case may be.
Appears in 1 contract
Samples: Agreement
