Performance Improvement Notices Sample Clauses

Performance Improvement Notices. (a) Without limiting the State’s rights under this Agreement, if the State determines that the Contractor has failed to comply with any obligation under the Agreement including failing to perform any element of the Contractor Services in accordance with the Contractor Service Requirements or failing to achieve the Performance Indicators, the State may issue a Performance Improvement Notice (PIN). (b) Each PIN issued by the State must specify: (i) the Contractor's breach or failure (ii) which of the requirements at paragraph 18.1(c) below the Contractor must perform in response to the PIN; and (iii) the required time frame for the Contractor to complete the requirements of the PIN (including where applicable, the date by which the Rectification Plan must be submitted) provided that the Contractor must be given at least 7 Business Days. (c) A PIN may, in the State’s discretion (acting reasonably), require any one or more of the following: (i) the Contractor to remedy the relevant failure without developing a Rectification Plan (where the failure is capable of remedy); (ii) the Contractor to develop a Rectification Plan addressing how the Contractor proposes remedying the relevant failure (where the failure is capable of remedy); (iii) the Contractor to develop a Rectification Plan containing full details of all steps or changes to service delivery methodology which the Contractor proposes taking in order to improve the delivery of the Contractor Services so as to prevent a recurrence of the event(s) leading to the issue of the PIN; and (iv) the Contractor’s Rectification Plan to address specified matters, steps, or changes to service delivery methodology specified by the State. (d) The Contractor may dispute any matter within the PIN by notice in writing within 5 Business Days of receipt of the PIN. If the Contractor disputes any matter within the PIN, the State may: (i) withdraw the PIN and neither Party has any liability to the other in respect of the PIN; (ii) amend and re-issue the PIN; or (iii) refer the matter to independent expert determination in accordance with Clause 27.4. (e) If the Contractor does not dispute the PIN, the Contractor must, within the time specified in the PIN, perform the requirements specified within the PIN.