Common use of Managing poor performance Clause in Contracts

Managing poor performance. 34.1 Without prejudice to the Council’s other rights and remedies under this Agreement, if, at any time the Council acting reasonably determines that the Trust has materially failed to perform any of its obligations under this Agreement, the Council shall give written notice of such breach to the Trust. 34.2 Within ten (10) Business Days of the receipt of a notice given under Clause 34.1 above, the Trust shall prepare and submit to the Council for its approval an action plan to remedy the breaches specified in the notice (“Action Plan”). 34.3 An Action Plan shall specify a timetable for remedying each of the breaches complained of; 34.4 Within twenty (20) Business Days of its receipt of an Action Plan the Council may approve all or part of the plan. The Council shall notify the Trust of any part of the Action Plan which it does not approve. Within ten (10) Business Days of such notification, the Trust shall revise the Action Plan and re-submit to the Action Plan for approval by the Council. The Council shall approve the revised Action Plan within ten (10) Business Days of receipt or, in default of such approval of all or any part, the Dispute Resolution Procedure shall apply. 34.5 Following the approval or determination of an Action Plan under Clause 34.4 if, at the next Quarterly Review Meeting or relevant monthly meeting, the breaches specified in the notice issued under Clause 34.1 have not been remedied by the Trust to the Council’s satisfaction acting reasonably in the time period permitted by the Action Plan such that the Services in accordance with this Agreement, the Council may: 34.5.1 agree to an extended period for the Action Plan and/or to any other amendments to the same; 34.5.2 exercise its rights to step in pursuant to Clause 35; or 34.5.3 terminate all or part of this Agreement in accordance with Clause 38. 34.6 Without prejudice to the Council’s right to terminate in the circumstances detailed in Part 11 below, in the event that the Trust is in material breach of the Agreement or persistent failure to achieve required KPIs then the Trust will be required to implement an action plan to take urgent remedial action. This will be monitored by the Council. Failure to remedy may lead to termination. The Council reserves the right to make financial deductions in relation to material or persistent breaches by the Trust. 34.7 If the breaches specified in the notice issued under Clause 34.1 have been remedied by the Trust to the Council’s satisfaction acting in accordance with the Action Plan, the Council shall notify the Trust that all material breaches have been remedied and withdraw the notice. 34.8 PROVIDED THAT for the avoidance of doubt if the Trust is at all times materially complying with either the Annual Service Delivery Plan and/or an Action Plan, or is unable to do so through circumstances beyond its reasonable control then the Trust shall not be deemed to be in breach of this Agreement.

Managing poor performance. 34.1 22.1 Without prejudice to the Council’s 's other rights and remedies under this Agreement, if, at any time following a Review Meeting, the Council acting reasonably Council's Officer determines that the Trust has materially failed to perform any of its obligations under this Agreement (which shall be deemed to include a failure to deliver the Service Level Agreement), the Business Transfer Agreement, the Leases, the Support Services Agreement and/or the Pensions Admissions Agreement and/or is otherwise in material breach of any of its obligation under those agreements the Council Officer shall give written notice of such breach to the Trust. 34.2 22.2 Within ten (10) Business Days 14 days of the receipt of a notice given under Clause 34.1 above22.1above, the Trust shall prepare and submit to the Council for its approval an action plan to remedy the breaches specified in the notice (“"Action Plan”"). 34.3 An Action Plan 22.3 AconmpAlcatiinoend oPfl.an shall specify a timetable for remedying each of the breaches complained of;breaches 34.4 22.4 Within twenty (20) Business Days 14 days of its receipt of an Action Plan the Council may approve all or part of the plan. The Council shall notify the Trust of any part of the Action Plan which it does not approve. Within ten (10) Business Days of such notification, the Trust shall revise the Action Plan and re-submit to the Action Plan for approval by the Council. The Council shall approve the revised Action Plan within ten (10) Business Days of receipt plan or, in default of such approval of all or any partapproval, the Dispute Resolution Procedure shall apply. 34.5 22.5 Following the approval or determination of an Action Plan under Clause 34.4 22.4 if, at the next Quarterly Review Meeting or relevant monthly meetingreview meeting between the parties, the breaches specified in the notice issued under Clause 34.1 22.2 have not been remedied by the Trust to the Council’s satisfaction acting reasonably in the time period permitted by the Action Plan such that the Services in accordance with this AgreementPlan, the Council may: 34.5.1 22.5.1 agree to an extended period for the Action Plan and/or to any other amendments to the same; 34.5.2 exercise its rights to step in pursuant to Clause 35Plan; or 34.5.3 22.5.2 in the case of a material breach which is having a detrimental impact on the quality of the Services offered, terminate all or part of this Agreement in accordance with Clause 38.23; or 34.6 Without prejudice 22.5.3 in the case of any breach (including a material breach referred to in Clause 22.5.2) reduce the Services Fee by an amount commensurate to the Council’s right to terminate in the circumstances detailed in Part 11 below, in the event agreed value of any Key 5010364.7[JXB/E 104/1] 15/12/2005 .¢ Performance Output that the Trust is in material has failed to deliver until such time as the breach of the Agreement or persistent failure has been remedied; or 22.5.4 issue to achieve required KPIs then the Trust will be an improvement plan specifying the improvements required to implement an action plan to take urgent remedial action. This will be monitored delivered by the Council. Failure to remedy may lead to termination. The Council reserves the right to make financial deductions Trust in relation to material all or persistent breaches by any of the Trust. 34.7 If the breaches specified in the notice issued under Clause 34.1 have been remedied by the Trust Services provided pursuant to the Council’s satisfaction acting in accordance with the Action Plan, the Council shall terms of this Agreement. The improvement plan will include a time period for remedy and will notify the Trust that all material breaches have been remedied and withdraw of the noticeconsequences of failure to comply. 34.8 PROVIDED THAT for 22.6 Any variation in the avoidance level of doubt if the Trust is at all times materially complying with either the Annual Service Delivery Plan and/or an Action Plan, or is unable to do so through circumstances beyond its reasonable control then the Trust Services Fee under Clause 22.5.3 shall not be deemed to be in breach of this Agreementhave immediate effect.