Performance Improvement Requests Sample Clauses

Performance Improvement Requests. (a) Where the State assesses that the Contractor has breached a Contractor Obligation or has failed to perform any element of the Services in the manner or in accordance with the standards required under this Agreement, the State may request the Contractor to improve its performance of the Services, including by implementing a better or alternative method of performing the Services (Performance Improvement Request). (b) Each Performance Improvement Request: (i) must specify the Contractor's breach or failure; (ii) must outline the nature of the improvement being requested, what action or outcome the State reasonably considers is required in respect of the Services and the time frame for the Contractor to complete the action or achieve the outcome specified, provided that the Contractor must be given at least 10 Business Days to complete that action or achieve that outcome; and (iii) may require the Contractor to: (A) provide further information in respect of its performance of the relevant Services; (B) meet with the State to discuss the Performance Improvement Request; and (C) submit its plans to improve performance in the areas identified by the Performance Improvement Request, and in each case the State must specify the time frames for the Contractor to provide the information, meet with the State and submit its plans (as may be relevant). (c) The Contractor must respond to, and fully comply with, all Performance Improvement Requests and any failure by the Contractor to do so: (i) will be deemed to be a Default that is not capable of being cured and in respect of which clause 17.3(b) applies; and (ii) pursuant to clause 15.4, may result in the deduction of the Abatement Amount specified in Item 3(e) of Schedule 1.