Rectification Plan Failure definition

Rectification Plan Failure. (a) the Supplier failing to submit or resubmit a draft Rectification Plan to the Authority within the timescales specified in Clauses 28.4 (Submission of the draft Rectification Plan) or 28.8 (Agreement of the Rectification Plan); (b) the Authority, acting reasonably, rejecting a revised draft of the Rectification Plan submitted by the Supplier pursuant to Clause 28.7 (Agreement of the Rectification Plan); (c) the Supplier failing to rectify a material Default within the later of: (i) 30 Working Days of a notification made pursuant to Clause 28.2 (Notification); and (ii) where the Parties have agreed a Rectification Plan in respect of that material Default and the Supplier can demonstrate that it is implementing the Rectification Plan in good faith, the date specified in the Rectification Plan by which the Supplier must rectify the material Default; (d) a Material KPI Failure re-occurring in respect of the same Key Performance Indicator for the same (or substantially the same) root cause in any of the 3 Measurement Periods subsequent to the Measurement Period in which the initial Material KPI Failure occurred; (e) the Supplier not Achieving a Key Milestone by the expiry of the Delay Deduction Period; and/or (f) following the successful implementation of a Rectification Plan, the same Notifiable Default recurring within a period of 6 months for the same (or substantially the same) root cause as that of the original Notifiable Default;

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Rectification Plan Failure means a failure of the Service Provider to comply with the Rectification Plan Process or where the implementation of the Rectification Plan fails to rectify the Notifiable Default.

Rectification Plan Failure means:- the Supplier failing to submit or resubmit a draft Rectification Plan to the Authority or Customer (as appropriate) within the timescales specified in Clauses 32.5 or 32.9 the Authority or Customer (as appropriate), acting reasonably, rejecting a revised draft of the Rectification Plan submitted by the Supplier pursuant to Clause 32.8 the Supplier failing to rectify a material Default within the later of:- 30 Working Days of a notification made pursuant to Clause 32.3 and where the Parties have agreed a Rectification Plan in respect of that material Default and the Supplier can demonstrate that it is implementing the Rectification Plan in good faith, the date specified in the Rectification Plan by which the Supplier must rectify the material Default Material PI Failure and the Supplier not Achieving a Key Milestone by the Milestone Date and/or following the successful implementation of a Rectification Plan, the same Notifiable Default recurring within a period of six (6) months for the same (or substantially the same) root cause as that of the original Notifiable Default

Examples of Rectification Plan Failure in a sentence

• If the Authority consents to the Rectification Plan: the Supplier shall immediately start work on the actions set out in the Rectification Plan; and the Authority may no longer terminate this Agreement in whole or in part on the grounds of the relevant Notifiable Default; save in the event of a Rectification Plan Failure or other Supplier Termination Event.

• If the Buyer consents to the Rectification Plan: the Supplier shall immediately start work on the actions set out in the Rectification Plan; and the Buyer may no longer terminate this Contract in whole or in part on the grounds of the relevant Notifiable Default; save in the event of a Rectification Plan Failure or other Supplier Termination Event.

• The Authority may terminate this Framework Agreement by serving written notice on the Supplier with effect from the date specified in such notice if a Rectification Plan Failure occurs.

More Definitions of Rectification Plan Failure

Rectification Plan Failure as set out at Clause 18.16 (Rectification Plan Failure);