Remediation Plan Process Clause Samples
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Remediation Plan Process. 7.1 If the Contractor –
7.1.1 materially breaches or fails to comply with any provision of this Schedule 8;
7.1.2 materially breaches or fails to comply with any requirement or standard set out in the KPIs; and/or
7.1.3 breaches or fails to comply (whether material or not) with any provision of this Schedule 8 and its accompanying annexes and/or any requirement or standard set out in the KPIs, (each of the above a “Service Failure”) then the Authority may exercise any of the rights and remedies set out in paragraphs 7.2 to 7.9 (inclusive) below of this Schedule, together referred to as the “Remediation Plan Process”, without prejudice to any other rights and remedies which it may have, and in particular without prejudice to either Party’s right to refer matters to the Dispute Resolution Procedure.
7.2 If a Service Failure occurs which is capable of remedy, the Authority may give a notice (a “Remediation Notice”) to the Contractor which shall specify the Service Failure in reasonable detail and (if appropriate) the actions the Contractor needs to take with respect to remedying the Service Failure.
7.3 Within ten (10) Working Days of receipt of a Remediation Notice, the Contractor shall either:
7.3.1 submit a plan (“Remediation Plan”) in draft, even if it disputes that it is responsible for the matters which are the subject of the Remediation Notice; or
7.3.2 inform the Authority that it does not intend to submit a Remediation Plan, in which event the Authority shall be entitled to serve a termination notice under this Framework Agreement (a “Termination Notice”).
7.4 The Authority shall either approve the draft Remediation Plan within ten (10) Working Days of its receipt, or it shall inform the Contractor why it cannot accept the draft Remediation Plan (a “Non-Acceptance Notice”). In such circumstances, the Contractor shall address all such concerns in a revised Remediation Plan, which it shall submit to the Authority within five (5) Working Days of its receipt of the Authority’s comments. If no Non-Acceptance Notice is given within ten (10) Working Days of receipt, of the Contractor’s draft Remediation Plan, the draft Remediation Plan shall be deemed to be agreed.
7.5 If, despite the measures taken under paragraph 7.4 above a Remediation Plan cannot be agreed within thirty (30) Working Days of the Authority’s original Remediation Notice, then the Authority may elect to serve a Termination Notice.
7.6 Once agreed, the Contractor shall immediately start perf...
Remediation Plan Process. If any Partner commits a Default, the non-defaulting Partner may not serve a Termination Notice without first operating the Remediation Plan Process. The non- defaulting Partner shall serve a Remediation Notice on the Defaulting Partner which shall specify the Default in outline and the actions that the Defaulting Partner needs to take with respect to remedying the Default.
Remediation Plan Process. 11.1 If either Party (the "Innocent Party") is of the reasonable opinion that the other Party (the "Responsible Party") has committed any material breach(es) of this Agreement which is capable of remedy, then the Innocent Party may, acting reasonably, give a notice ("Remediation Notice") to the Responsible Party which shall:-
11.1.1 outline the breach(es); and
11.1.2 request the Responsible Party to produce a plan ("Remediation Plan") of the measures it proposes to take to remedy the relevant breach(es) and the reasonable timeline for taking such measures ("Cure Period");
11.2 Within 10 Business Days of receipt of a Remediation Notice, the Responsible Party shall either:-
11.2.1 submit a draft Remediation Plan; or
11.2.2 notify the Innocent Party that it disputes responsibility for the matter(s) set out in the Remediation Notice and does not intend to submit a Remediation Plan.
11.3 Where the Responsible Party notifies the Innocent Party in accordance with Clause 11.2.2 the Innocent Party may either:-
11.3.1 withdraw the Remediation Notice; or
11.3.2 refer the matter to the dispute resolution procedure under Clause 17.
11.4 Where the Responsible Party provides a draft Remediation Plan pursuant to Clause 11.2, the Innocent Party shall within five (5) Business Days of receipt of the same either:-
11.4.1 approve the draft Remediation Plan; or
11.4.2 notify the Responsible Party that it does not accept the draft Remediation Plan (providing reasonable justifications for the same).
11.5 If the Innocent Party:-
Remediation Plan Process. If the Supplier commits a material Default and the material Default is capable of remedy in all material respects other than time of performance, the Customer may not terminate this agreement pursuant to clause 27.1 without first operating the Remediation Plan Process. If the Supplier commits such a Default, the Customer shall give a Remediation Notice to the Supplier which shall specify the Default in outline and the actions the Supplier needs to take with respect to remedying the Default.
Remediation Plan Process. 18.1 If the Supplier commits a Default and the Default is capable of remedy then, without prejudice to its rights at clause 15 (Termination), the University may operate the Remediation Plan Process in accordance with this clause 18. If the Supplier commits such a Default, the University shall give a remediation notice to the Supplier (Remediation Notice) which shall specify the Default in outline and the actions the Supplier needs to take with respect to remedying the Default.
18.2 The University shall be under no obligation to initiate the Remediation Plan Process if it issues a termination notice pursuant to clause 15.1 (Termination for Supplier’s Default) or the Supplier experiences one of the events described in clause 15.3.
18.3 Within 5 Business Days of receipt of a Remediation Notice, the Supplier shall either: 18.3.1 submit a draft Remediation Plan, even if it disputes that it is responsible for the matters which are the subject of the Remediation Notice; or
Remediation Plan Process. 23.1 Subject to Clause 23.2, if the Supplier is in default in complying with any of its obligations under this Agreement and unless the default is incapable of remedy, the Authority may not terminate this Agreement without first operating the Remediation Plan Process. If the Supplier commits such a default, the Authority shall give a Remediation Notice to the Supplier which shall specify the default in outline and the actions the Supplier needs to take to remedy the default.
23.2 The Authority shall be under no obligation to initiate the Remediation Plan Process if it issues a notice to terminate in the circumstances set out in clause 24.1.1, clause 24.1.4, clause 24.1.5 and clause 24.1.6.
23.3 Within 30 Business Days of receipt of a Remediation Notice, the Supplier shall: 23.3.1 submit a draft Remediation Plan, only if it is responsible for the matters which are the subject of the Remediation Notice; or
Remediation Plan Process