Remediation Plan Process Clause Samples

POPULAR SAMPLE Copied 4 times
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...
View SourceView Similar (9)
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.
View Source
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:-
View SourceView Similar (2)
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.
View Source
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
View Source
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
View Source
Remediation Plan Process 
View Source

Related to Remediation Plan Process

  • Mediation Process A. Mediation is a form of Alternative Dispute Resolution (ADR) that may be requested by the City or the PBA. It is an alternative, not a substitute for the formal arbitration process contained in Section 19.8 above. Mediation is an informal process in which a neutral third party assists the opposing parties in reaching a voluntary, negotiated resolution of a charge of discipline. The decision to mediate is completely voluntary for the PBA and the City. Mediation gives the parties the opportunity to discuss the issues raised in the charging document, clear up misunderstandings, determine the underlying interests or concerns, find areas of agreement and, ultimately, incorporate those areas of agreement into solutions. A mediator does not resolve the charge or impose a decision on the parties. Instead, the mediator helps the parties to agree on a mutually acceptable resolution. The mediation process is strictly confidential. Information disclosed during mediation will not be revealed to anyone. B. If both parties agree, a mediation session conducted by a trained and experienced mediator shall be scheduled at a mutually convenient date and time. Either party may choose to have an attorney represent them during mediation. Persons attending the mediation session shall have the authority to resolve the dispute. If mediation is unsuccessful, the parties may proceed to follow the provisions for Arbitration. Information disclosed during mediation will not be revealed to anyone. C. The parties and, if they desire, their representatives and/or attorneys, are invited to attend a mediation session. No one else may attend without the permission of the parties and the consent of the mediator(s). D. The mediator(s) will not function as the representative of either party. However, the mediator(s) may assist the parties in understanding their rights and the terms of any proposed settlement agreement. Each party acknowledges being advised to seek independent legal review prior to signing any settlement agreement. E. The parties acknowledge that the mediator(s) possesses the discretion to terminate the mediation at any time of any impasse occurs or either party or the mediator deems the case inappropriate for mediation. F. Prior to mediation, both the City and the PBA (or Employee, only in disciplinary matters) shall enter into a confidentiality agreement, as follows: 1. This is an agreement by the parties to participate in a mediation involving the City against the above named employee. The parties understand that mediation is a voluntary process, which may be terminated at any time. 2. The parties agree to participate voluntarily in mediation in an effort to resolve the charge(s) filed by the City. 3. The parties agree that all matters discussed during the mediation are confidential, unless otherwise discoverable, and cannot be used as evidence in any subsequent administrative or judicial proceeding. Confidentiality, however, will not extend to threats of imminent physical harm or incidents of actual violence that occur during the mediation. 4. Any communications between the mediator(s) and/or the parties are considered dispute resolution communications with a neutral and will be kept confidential. 5. The parties agree not to subpoena the mediator(s) or compel the mediator(s) to produce any documents provided by a party in any pending or future administrative or judicial proceeding. The mediator(s) will not voluntarily testify on behalf of a party in any pending or future administrative or judicial proceeding. The parties further agree that the mediator(s) will be held harmless for any claim arising from the mediation process. 6. The parties recognize and agree that the City is subject to Chapter 119, Fla. Stat., relating to public documents. Therefore, all information including all notes, records, or documents generated during the course of the mediation shall be subject to the exemption contained in Section 119.071 (d)(1), Fla. Stats., until the settlement of the matter, or the conclusion of the arbitration, if any, with the exception of the personal notes of the mediator. 7. If a settlement is reached by all the parties, the agreement shall be reduced to writing and when signed shall be binding upon all parties to the agreement, unless the agreement requires City Commission approval, in which case the agreement will not become binding until publicly approved by the City Commission. Said agreement shall be subject to the provisions of Chapter 119, Fla. Stats. If the charge(s) is not resolved through mediation, the parties may proceed to follow the provisions for arbitration.

  • PROFESSIONAL DEVELOPMENT AND EDUCATIONAL IMPROVEMENT A. Both the Board and the Association encourage teachers to seek professional improvement. In order to assist teachers in extending and improving their skills the following plan will be implemented. B. All Teachers will be encouraged to earn a Masters degree or coursework toward additional certification that is in the field of education and within a teacher's discipline, or in an area that is beneficial to the school. C. The Board will pay teacher's expenses for undergraduate and/or graduate credits, specialty and additional endorsements under the following conditions. 1. In allocating budgeted funds priority will be given to the teachers in a “masters” program and those teachers who need to complete coursework for certification. 2. All courses must be approved, in advance, by the Superintendent. Courses for recertification purposes must be approved in advance by the certification committee and the superintendent. The teacher shall receive a written reply from the Superintendent within ten (10) days of application for course approval (See Appendix D). 3. Each teacher will be eligible for up to six (6) semester hours of credit or, if enrolled in a matriculated, organized program, 12 semester hours of credit for undergraduate will be paid if part of a graduate program or graduate courses per contract year. The Superintendent reserves the right to request intent to take courses prior to final budget preparation. Failure to communicate such intent at the time of the Superintendent’s request may jeopardize course reimbursement due to a lack of funding. 4. The administration will pay in advance the cost of the course. Presentation of evidence of satisfactory completion of the course (A grade of B or better) is the responsibility of the teacher. In the event the course is not completed or not completed satisfactorily, the teacher will refund the payment received in advance and in accordance with Appendix D – attached. 5. Teachers who resign shall not be eligible for reimbursement after the date of resignation Teachers who have been reimbursed for any course work toward securing a masters within the last two (2) years of employment shall be required to continue their service to RSU # 78 for an additional two (2) years (twenty-four months) or will be required to reimburse the district the cost associated with Masters courses taken prior to departing, Such reimbursement to the district shall be remitted via payroll deductions as arranged between the District and employee, unless the failure to continue employment is due to illness, disability, death, or reduction of position. 6. Reimbursement will only be for tuition and fees. It will not include reimbursement for mileage, books and other expenses unless the teacher is required to take the course by the administration.

  • Performance Improvement Plan timely and accurate completion of key actions due within the reporting period 100 percent The Supplier will design and develop an improvement plan and agree milestones and deliverables with the Authority 3.2 The Authority may from time to time make changes to the KPIs measured as set out in paragraph 3.1 above and shall issue a replacement version to the Supplier. The Authority shall give notice In Writing of any such change to the KPIs measured and shall specify the date from which the replacement KPIs must be used for future reports. Such date shall be at least thirty (30) calendar days following the date of the notice to the Supplier.

  • Staffing Plan The Board and the Association agree that optimum class size is an important aspect of the effective educational program. The Polk County School Staffing Plan shall be constructed each year according to the procedures set forth in Board Policy and, upon adoption, shall become Board Policy.

  • Approval Process Tenant shall notify Landlord whether it approves of the submitted working drawings within three business days after Landlord’s submission thereof. If Tenant disapproves of such working drawings, then Tenant shall notify Landlord thereof specifying in reasonable detail the reasons for such disapproval, in which case Landlord shall, within five business days after such notice, revise such working drawings in accordance with Tenant’s objections and submit the revised working drawings to Tenant for its review and approval. Tenant shall notify Landlord in writing whether it approves of the resubmitted working drawings within one business day after its receipt thereof. This process shall be repeated until the working drawings have been finally approved by Landlord and Tenant. If Tenant fails to notify Landlord that it disapproves of the initial working drawings within three business days (or, in the case of resubmitted working drawings, within one business day) after the submission thereof, then Tenant shall be deemed to have approved the working drawings in question. Any delay caused by Tenant’s unreasonable withholding of its consent or delay in giving its written approval as to such working drawings shall constitute a Tenant Delay Day (defined below). If the working drawings are not fully approved (or deemed approved) by both Landlord and Tenant by the 15th business day after the delivery of the initial draft thereof to Tenant, then each day after such time period that such working drawings are not fully approved (or deemed approved) by both Landlord and Tenant shall constitute a Tenant Delay Day.