Common use of Remedies for Delay Clause in Contracts

Remedies for Delay. If Supplier fails to meet a Contract Milestone, then subject to clause 26.3 (Extensions of time), but without prejudice to any other right or remedy of Spark: (a) subject to the other provisions of the Agreement, Spark will be entitled to claim liquidated damages from Supplier for the period from the Due Date of the relevant Contract Milestone up to but excluding the date on which the Contract Milestone is met, at the applicable rate(s) set out in the relevant Letter Agreement or PO; (b) if Supplier fails to meet the Contract Milestone by the end of the Milestone Remedy Period, then at any time thereafter, unless and until Supplier has met that Contract Milestone, Spark may terminate the Agreement with immediate effect by written notice to Supplier, in which case Spark may also terminate any other related Agreement with Supplier; and