INSTITUTION(S) FOR THE BANKING CHARGES.
(K)
THE CONTRACTOR MUST PROVIDE ALL RELEVANT INFORMATION, DATA
AND OTHER SUPPORTING INFORMATION REASONABLY REQUESTED BY THE PRINCIPAL IN
RELATION TO ANY BANKING CHARGES INCLUDED IN A MONTHLY INVOICE.
(L)
WHERE THE CONTRACTOR HAS INCLUDED DETAILS OF THE BANKING
CHARGES WHICH IT HAS PAID ON BEHALF OF THE PRINCIPAL UNDER CLAUSE 27.9(F) IN A
MONTHLY INVOICE, THE PRINCIPAL WILL BE LIABLE TO PAY THOSE BANKING CHARGES IN
ACCORDANCE WITH CLAUSE 27.4, SUBJECT TO ANY RIGHTS OF THE PRINCIPAL UNDER CLAUSE
27.5.
(M)
THE CONTRACTOR MUST KEEP ANY FINANCIAL INSTITUTION
RELATIONSHIPS, AGREEMENTS, ACCOUNTS AND CHARGES OPERATED BY IT AND RELATED TO
THE CONTRACTOR'S DEALINGS WITH THE PRINCIPAL SEPARATE FROM ALL OTHER DEALINGS
THE CONTRACTOR HAS WITH ANY FINANCIAL INSTITUTIONS.
(N)
THE CONTRACTOR AGREES TO SUBMIT TO PERIODIC AUDITS BY THE
PRINCIPAL IN RELATION TO ITS OBLIGATIONS UNDER THIS CLAUSE.
28.
PERFORMANCE REQUIREMENTS
28.1
PERFORMANCE REQUIREMENTS
(A)
FROM THE DATE ON WHICH THE CONTRACTOR FIRST COMMENCES
PROVIDING THE DELIVERY SERVICES THE CONTRACTOR MUST, TO THE EXTENT THEY ARE
APPLICABLE TO THE DELIVERY
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SERVICES, MEASURE AND REPORT ON THE PERFORMANCE REQUIREMENTS IN ACCORDANCE WITH
THIS AGREEMENT, INCLUDING THE REQUIREMENTS DOCUMENT AND THE SOLUTION
DOCUMENTATION.
(B)
THROUGHOUT THE CORE SERVICES TERM, THE CONTRACTOR MUST
MEASURE AND REPORT ON THE APPLICABLE PERFORMANCE REQUIREMENTS IN ACCORDANCE WITH
THIS AGREEMENT, INCLUDING THE REQUIREMENTS DOCUMENT AND THE SOLUTION
DOCUMENTATION.
(C)
THE CONTRACTOR MUST ENSURE THAT, AT ALL TIMES DURING THE
CORE SERVICES TERM:
(I)
THE SOLUTION ACHIEVES THE PERFORMANCE REQUIREMENTS;
(II)
EACH DEVICE ACHIEVES THE PERFORMANCE REQUIREMENTS SPECIFIED
FOR THE RELEVANT DEVICE; AND
(III)
THE INITIAL SERVICES AND THE CORE SERVICES ARE DELIVERED BY
THE CONTRACTOR IN A MANNER WHICH ACHIEVES THE PERFORMANCE REQUIREMENTS.
28.2
ACTS OF PREVENTION AND CHANGE IN LAW
(A)
IF THE CONTRACTOR SEEKS AN ALLOWANCE IN RESPECT OF AN ACT OF
PREVENTION OR A CHANGE IN LAW, WHICH THE CONTRACTOR CONSIDERS WILL OR IS LIKELY
TO AFFECT ITS ABILITY TO ACHIEVE A PERFORMANCE REQUIREMENT, THE CONTRACTOR MUST
SUBMIT A WRITTEN NOTICE TO THE PRINCIPAL'S REPRESENTATIVE:
(I)
AS SOON AS POSSIBLE, AND IN ANY EVENT NOT LATER THAN:
A.
IN THE CASE OF AN ACT OF PREVENTION, 10 BUSINESS DAYS AFTER
THE COMMENCEMENT OF SUCH AN ACT OF PREVENTION; AND
B.
IN THE CASE OF A CHANGE IN LAW, NOT LATER THAN 20 BUSINESS
DAYS AFTER THE OCCURRENCE OF SUCH A CHANGE IN LAW; AND
(II)
WHICH GIVES DETAILED PARTICULARS OF THE ACT OF PREVENTION
OR CHANGE IN LAW AND THE EFFECT THIS WILL HAVE ON THE CONTRACTOR'S ABILITY TO
MEET THE PERFORMANCE REQUIREMENTS.
(B)
SUBJECT TO CLAUSE 28.2(C), IF THE PRINCIPAL'S REPRESENTATIVE
RECEIVES A NOTICE IN ACCORDANCE WITH CLAUSE 28.2(A), THE PRINCIPAL'S
REPRESENTATIVE WILL:
(I)
DETERMINE A REASONABLE ALLOWANCE TO BE TAKEN INTO ACCOUNT
IN MEASURING THE CONTRACTOR'S PERFORMANCE AGAINST THE PERFORMANCE REQUIREMENTS
FOR THE PURPOSES OF THIS CLAUSE 28.2 AS A RESULT OF THE OCCURRENCE OF THE ACT OF
PREVENTION OR CHANGE IN LAW.
IF THE CONTRACTOR DISAGREES WITH ANY DETERMINATION
MADE BY THE PRINCIPAL'S REPRESENTATIVE