Corrective Plans Clause Samples

Corrective Plans. If the Trustees determine that the Education Corporation or any of its schools, programs or sites is not progressing toward one or more of the performance or education goals set forth in the Charter, that the quality of a school’s, program’s or site’s educational program or the Education Corporation’s governance practices are not satisfactory, or that the Education Corporation or any of its schools or sites is not in compliance with the terms and conditions of the Provisional Charter or the Charter Agreement including the Monitoring Plan, then the Trustees, in consultation with the Education Corporation, may develop and require the Education Corporation to implement a corrective plan (“Corrective Plan”). Nothing contained herein shall require the Trustees to undertake the development of a Corrective Plan or be in derogation of the Trustees’ or the Regents’ ability to revoke the Provisional Charter, terminate the authority to operate a school, site or program, place the Education Corporation on probationary status, or initiate mandatory remedial action in accordance with the Act and sections 8.6 and 8.7 of the Charter Agreement.

Corrective Plans. In the event that at any time during the Term of this Agreement, Buyer notifies Seller that a particular defect in a Product is occurring with a frequency reasonably unacceptable to Buyer, Seller will in good faith develop a corrective plan within 90 days of notice from Buyer, unless otherwise mutually agreed, that is designed to ensure that such defect will be corrected. When the corrective plan has been developed, Seller will promptly furnish Buyer with a copy thereof. Buyer will review the plan and will notify Seller either that the corrective plan is acceptable to Buyer, or that the corrective plan is unacceptable to Buyer, in which event such notice will identify with reasonable specificity those aspects of the corrective plan that are unacceptable and describe the modifications that would render the plan acceptable. In the event that Seller is, at any time, notified by Buyer that any corrective plan is unacceptable, Seller will proceed, promptly and diligently, to use reasonable commercial efforts to modify the corrective plan so that the plan is acceptable. When such modifications have been made, Seller will promptly furnish Buyer with a copy of the modified corrective plan. During the period following the initial notice of a defect by Buyer, Seller will take all reasonable actions necessary to enable Seller to implement the plan at the earliest possible time, such as design testing and process preparations. Upon Buyer’s approval of the corrective plan, Seller will ship Products to Buyer which implement the corrective plan as quickly as is practicable for equipment previously deployed as well as future installations. Nothing in this Section 9.3 shall abridge or modify any of Seller’s warranty, support, maintenance or other obligations set forth herein.

Corrective Plans. Within 30 days of sending a notice to RUS under paragraph (e) of this section, or of being notified by RUS, whichever is earlier, the Borrower in consultation with RUS, shall provide a written plan satisfactory to RUS setting forth the actions that shall be taken to achieve the required Coverage Ratios on a timely basis.

Corrective Plans. (i) Within thirty (30) days after (A) sending a notice to DOE under Section 6.16(a) above that shows the Margins for Interest level specified by Section 13.14 of the Mortgage Indenture was not achieved for any Fiscal Year or (B) being notified by DOE that the Margins for Interest level specified by Section 13.14 of the Mortgage Indenture was not achieved for any Fiscal Year, whichever is earlier, the Borrower in consultation with DOE shall provide a written plan reasonably satisfactory to DOE setting forth the actions that shall be taken to achieve such specified Margins for Interest level on a timely basis. (ii) Upon delivering any written plan to RUS pursuant to Section 5.5(b) of the RUS Loan Contract, the Borrower shall simultaneously deliver a copy of such written plan to DOE.

Corrective Plans. If the Board of Public Education determines that the Charter Governing Board or any of its charter schools, programs or sites is not progressing toward one or more of the performance or education goals set forth in the Charter Contract, that the quality of a charter school’s, program’s or site’s educational program or the Charter Governing Board’s governance practices are not satisfactory, or that the Charter Governing Board or any of its charter schools or sites is not in compliance with the terms and conditions of the Charter Contract including the Monitoring Plan, then the Board of Public Education, in consultation with the Charter Governing Board, may develop and require the Charter Governing Board to implement a corrective plan (“Corrective Plan”). Nothing contained herein shall require the Board of Public Education to undertake the development of a Corrective Plan to terminate the authority to operate a charter school, site or program, place the Charter Governing Board on probationary status, or initiate mandatory remedial action in accordance with the Act or the Charter Contract. The terms and conditions of a remedial plan may include, but are not limited to, the termination of the authority of the Charter Governing Board to operate a particular charter school, site, or program. Grounds for Charter Termination or Revocation. The Charter Contract may be terminated and revoked: by the Board of Public Education in accordance with the Act; or, by mutual agreement of the Parties hereto.

Corrective Plans. Service Provider shall cooperate fully with TJJD and its authorized representatives in carrying out corrective action plans.