Persistent Failure definition

Persistent Failure means any two (2) or more failures by the Supplier in any rolling period of twelve (12) months to comply with obligations in respect of the Contract Services under the Contract;
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Persistent Failure means any of:
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Persistent Failure means any of: Two (2) or more failures by the Supplier to accept an Order within two (2) Working Days of receipt in any rolling period of twelve (12) Months (other than when the Supplier’s failure to accept an Order is due to a conflict of interest); Two (2) or more failures by the Supplier to provide the Management Information by the Reporting Date in any rolling period of twelve (12) Months; or Any two (2) or more failures by the Supplier to meet the KPI Targets (whether the failures relate to the same or different KPI Targets) in relation to one or more Call-Off Agreements in any rolling period of twelve (12) Months;
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Examples of Persistent Failure in a sentence

  • The Authority may terminate this Framework Agreement by serving notice on the Supplier in writing with effect from the date specified in such notice where a Persistent Failure has occurred.

  • At its sole discretion, the Authority has the right to terminate this Framework Agreement pursuant to Clause 26 (Termination) in the event that a Persistent Failure or a Material Default occurs.

  • Notwithstanding anything other rights available to the Authority in this Framework Schedule 8, the Authority may terminate or suspend this Framework Agreement pursuant to clause 46 (Termination) in the event a Persistent Failure or a Material Default occurs.

  • If BEIS believes that a material Default, Persistent Failure or Grave Misconduct has occurred, it may suspend the Framework Agreement with immediate effect.

  • If an Audit reveals that: the Supplier has committed a material Default; a Persistent Failure has occurred; or the Supplier has underpaid an amount equal to or greater than one per cent (1%) of the Authority Management Charge due in respect of any Month, then the Supplier shall reimburse the Authority its reasonable costs incurred in relation to the Audit.


More Definitions of Persistent Failure

Persistent Failure means the Authority or the Supplier and “Parties” shall be interpreted accordingly; means any of: two (2) or more failures by the Supplier to comply with the Standards in any rolling period of twelve (12) Months; two (2) or more failures by the Supplier to accept an Order within two (2) Working Days of receipt in any rolling period of twelve (12) Months; two (2) or more consecutive failures by the Supplier to provide the Management Information by the Reporting Date at any time during the Term; or any two (2) or more failures by the Supplier to meet the KPI Targets (whether the failures relate to the same or different KPI Targets) in relation to one or more Call-Off Agreements in any rolling period of twelve (12) months;
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Persistent Failure means any of: two (2) or more failures by the Supplier to comply with the Framework Standards in any rolling period of twelve (12) Months; two (2) or more consecutive failures by the Supplier to provide the Management Information by the Reporting Date at any time during the Term; or any two (2) or more failures by the Supplier to meet the KPI Targets (whether the failures relate to the same or different KPI Targets) in any rolling period of twelve (12) Months;
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Persistent Failure means any two (2) or more failures by the Broker in any rolling period of twelve (12) Months to comply with obligations in respect of the Contract Services under with the Contract;
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Persistent Failure means the failure of the Contractor to not perform 5 of the KPI’s in any one calendar month
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Persistent Failure means any two (2) or more failures by the Supplier in any
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Persistent Failure shall have the meaning set out in paragraph 4.3.1 of Schedule 13 (Performance Regime);
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Persistent Failure means: (a) three (3) or more consecutive failures by the Supplier to provide correct and complete Management Information or to provide the Management Information by the Reporting Date at any time during the Contract; or (b) three (3) or more consecutive failures by the Supplier to refuse or fail to comply with its value for money obligations including its obligations under Clause 8 (Monitoring of Contract Performance) and/or Clause 9 (Continuous Improvement) at any time during the Contract.
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