Remedial Plan. 58.5.1 In the event of the occurrence of one or more of the circumstances described in Clause 58.4 ("the Event") the Council shall require the Organisation to produce a remedial plan ("the Remedial Plan") within 20 Working Days or such other shorter period as the Council may reasonably require of the occurrence of the Event.
Remedial Plan. Without affecting the requirements of Section 7.4, if Contractor fails to achieve any Milestone by the date that is ten (10) days after the date corresponding thereto in the Milestone Payment Schedule, Contractor shall submit a Remedial Plan to Owner, which shall specify the corrective actions Contractor will take and the commencement date of such corrective action, for Owner’s approval, which shall not be unreasonably withheld or delayed. The corrective actions described in the Remedial Plan that Contractor proposes to undertake with respect to the Work must be designed and intended to achieve Substantial Completion by the Guaranteed Substantial Completion Date without a material risk of damaging or diminishing the performance of any of the Work.
Remedial Plan. (i) In the event that a Development Entity Default occurs and it has not been cured within any relevant cure period set out in Section 22.3 (Initial Notice and Cure Periods) the Department may, without prejudice to any other right or remedy available to it, require the Development Entity to prepare and submit, within twenty (20) Business Days of being notified of such requirement, a remedial plan that shall set out a schedule and specific actions to be taken by the Development Entity to cure the relevant Development Entity Default and reduce the likelihood of such defaults occurring in the future. Such actions may, amongst other things, include improvements to the Development Entity’s quality management practices, plans and procedures, revising and restating management plans, changes in organizational and management structure, increased monitoring and inspections, changes in Key Personnel and other important personnel, and replacement of Contractors.
Remedial Plan. In such event, either upon its own action or upon Notice from the Owner, Developer shall provide the Owner a written completion plan detailing the measures (such as increasing workforce) that Developer will implement to achieve Substantial Completion as soon as practicable (the “Developer Remedial Plan”) and which Developer Remedial Plan shall (i) be adequate to provide the Owner with commercially reasonable assurance that, upon completion of such plan, Developer will achieve Substantial Completion within the time period required under this Developer Agreement and (ii) designate such reasonable major milestones as are reasonably appropriate in the circumstances as benchmarks for Developer’s progress in prosecuting the Developer Remedial Plan. If the Owner, in good faith, determines that any Developer Remedial Plan proposed by Developer fails to satisfy the foregoing requirements, the Owner shall deliver Notice to Developer, specifying the reasons for the Owner’s dissatisfaction with such Developer Remedial Plan, and Developer shall, in good faith, propose such revisions to the Developer Remedial Plan as soon as practical as necessary to conform such Developer Remedial Plan to the requirements of this Section 9.3.2. If the Owner so requests, Xxxxxxxxx agrees to confer with the Owner regarding the Developer Remedial Plan prior to submission to the Owner. Notwithstanding the foregoing or anything herein to the contrary, in the event that the prosecution of the Hotel Project Improvements Work pursuant to such Developer Remedial Plan will not be undertaken by the Contractor or by a Qualified Contractor acting on behalf of the Qualified Surety under the then existing Hotel Project Improvements Construction Contract Bond, then the Owner Representative shall have the right to Approve the Developer Remedial Plan, such Approvals not to be unreasonably withheld.
Remedial Plan. In the event of the occurrence of one or more of the circumstances described in Clause 65.4 (“the Event”) the Council may require the Organisation to produce a remedial plan (“the Remedial Plan”) within 20 Working Days or such other shorter period as the Council may reasonably require of the occurrence of the Event. The Remedial Plan shall: contain an analysis by the Organisation of the reasons why the Event occurred, set out what steps the Organisation proposes to take to deal with the Event and/or establish appropriate improvement targets and timeframes; set out what steps the Organisation proposes to take to avoid a recurrence of the Event, in relation to the circumstances in Clause 6.110 identify what action the Organisation proposes to take to demonstrate that the Organisation is providing or will provide best value, in relation to the circumstances in Clause 16.6 identify what action the Organisation proposes to take to provide the Services in accordance with the requirements of Clause 16.1. The Council shall notify the Organisation within 20 Working Days of receipt of the Remedial Plan whether it is agreed or rejected. If the Council rejects a Remedial Plan proposed by the Organisation the Council shall give reasons. In these circumstances the Organisation shall within a further 10 Working Days propose a revised Remedial Plan taking account of the Council’s reason for rejection and any amendments proposed by the Council. The Council will then decide whether to accept or reject the revised Remedial Plan and in the absence of agreement between the parties the matter shall be determined in accordance with Clause 67. If (i) the Event leading to the production of the Remedial Plan recurs within 3 months of the implementation of the Remedial Plan; or (ii) the Services do not improve in accordance with any agreed improvement target confirmed in the Remedial Plan, or (iii) the Council has rejected a Remedial Plan in accordance with Clause 65.5.4 and no suitable Remedial Plan is subsequently submitted and approved by the Council; the Council will be entitled to exercise the rights described in Clause 65.3. If the Agreement is terminated in whole or in part as provided in Clauses 65.3 the Council shall: be entitled to reoccupy any premises and repossess any other physical resources or assets licensed, loaned, or hired to the Organisation and to exercise a lien over any of the physical resources or any other thing belonging to the Organisation and shall have f...
Remedial Plan. If, at any time, Owner determines that Contractor’s methods, equipment or work force are inefficient or inadequate for securing the rate of progress required to comply with the Project Baseline Schedule, including any Key Milestone Date, Owner may order Contractor in writing to increase its efficiency and adequacy, and Contractor shall, at Contractor’s sole cost, improve its methods or change or increase or supplement the work force and equipment and/or perform the Work on an overtime or multiple shift basis to such an extent as to give Owner reasonable assurance of compliance with the Project Baseline Schedule, including each Key Milestone Date. Within five (5) Days of any such order from Owner, Contractor shall submit to Owner for review and approval a comprehensive plan of corrective actions, including acceleration, to overcome any deficiency and to regain a rate of progress to comply with the Project Baseline Schedule (the “Remedial Plan”), which Remedial Plan shall represent Contractor’s best judgment as to how it shall regain compliance with the Project Baseline Schedule and contain sufficient detail to demonstrate the means by which Contractor shall regain the Project Baseline Schedule to achieve Substantial Completion or to satisfy the Performance Guarantees, including the improvements, changes, increases, supplements and performance described above. Such Remedial Plan shall include the period of time in which Contractor proposes to complete the corrective actions, which period of time shall not extend beyond the Key Milestone Date for Substantial Completion without the prior written approval of Owner, which approval may be withheld by Owner in its discretion. The Parties shall consult in good faith to determine what measures to include in such Remedial Plan, which shall reflect all comments of Owner. Unless the underlying cause for such deficient rate of progress entitles Contractor to a Change Order, neither the preparation nor the implementation of such Remedial Plan shall entitle Contractor to a Change Order. If Contractor does not comply with Owner’s order within five (5) Days, Owner may terminate this Agreement, or pursue any other rights or remedies, as a result of a Contractor Default under Section 22.2(j). The failure of Owner to make any such order shall not relieve Contractor of its obligation to ensure the rate of progress required to comply with the Project Baseline Schedule.
Remedial Plan. 6. The University agrees to develop a remedial plan by which it will execute remedial measures necessary to comply with the following provisions of the 2010 Standards.
Remedial Plan. All Corrective Action shall be performed in accordance with a plan (“Remedial Plan”). Contractor shall submit a Remedial Plan to Owner for approval within [***] after:
Remedial Plan. 25.3.1 Where a Contractor Event of Default that is capable of remedy arises under Clause 25.1.1, the Employer shall by notice in writing to the Contractor signed on behalf of the Employer (a "Remedy Notice") require the Contractor either
Remedial Plan a) In addition to any other rights and remedies that TenCate may have, if TenCate notifies the Contractor that it has identified a breach by the Contractor of this Agreement (Breach Notification) the parties will meet immediately at TenCate’s request and discuss the reasons for the breach.
