REMEDIES FOR FAILURE TO ACHIEVE KPIs Sample Clauses

REMEDIES FOR FAILURE TO ACHIEVE KPIs. 4.1. Without prejudice to any other rights or remedies arising under this Framework Agreement if the Supplier fails to achieve any of the KPI Targets in accordance with paragraph 3 above on any one or more occasions, the Supplier acknowledges and agrees that the Authority shall have the right to exercise (in its absolute sole discretion) all or any of the following remedial actions set out in paragraphs 4.2 to 4.7 below.
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REMEDIES FOR FAILURE TO ACHIEVE KPIs. Without prejudice to any other rights or remedies arising under this Framework Agreement if the Supplier fails to achieve any of the KPI Targets on any one or more occasions, the Supplier acknowledges and agrees that the Authority shall have the right to exercise (in its absolute sole discretion) all or any of the following remedial actions set out in paragraphs 4.2 to 4.6. The Authority shall be entitled to require the Supplier, and the Supplier agrees to prepare and provide to the Authority, an improvement plan within fourteen (14) Working Days of a written request by the Authority for such improvement plan. The Authority shall be entitled to approve such improvement plan and require that the Supplier implement such improvement plan as soon as reasonably practicable. The Authority shall be entitled to require the Supplier, and the Supplier agrees to attend, within a reasonable time at the request of the Authority one (1) or more meetings with the Authority in order to resolve the issues raised by the Authority in its notice to the Supplier requesting such meetings. The Authority shall be entitled to serve an improvement notice on the Supplier and the Supplier shall implement such requirements for improvement as set out in the improvement notice. The Authority shall be entitled to suspend the Supplier from bidding in any further competition and/or entering into any Call-Off Agreement with any Contracting Body until such time as, in the Authority’s absolute sole discretion, the Authority is satisfied that the Supplier has implemented such requirements for improvement as set out in the improvement notice and/or implemented an improvement plan submitted pursuant to paragraph 4.2 and Approved by the Authority. In the event that the Authority has, in its absolute sole discretion, invoked one or more of the remedies set out in paragraphs 4.5 to 4.6.4 and the Supplier either: fails to implement such, requirements for improvement as set out in the improvement notice; and/or fails to implement an improvement plan Approved by the Authority pursuant to paragraph 4.2; and/or fails to comply with any reasonable request made by the Authority within such reasonable timescales as have been specified by the Authority; or does comply with such requests made by the Authority within such reasonable timescales as have been specified by the Authority but the Supplier fails to achieve any of the KPI Targets on any two (2) occasions, then (without prejudice to any other rights a...
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Related to REMEDIES FOR FAILURE TO ACHIEVE KPIs

  • Remedies for Default (a) Enterprise Services’ rights to suspend and terminate Contractor’s rights under this Master Contract are in addition to all other available remedies.

  • Remedies for Noncompliance If a Contractor fails to comply with Federal statutes, regulations or the terms and conditions of a Federal award, HUD or the City of Xxxxx may impose additional conditions, as described in 2 CFR 200.207 Specific Conditions. If HUD or the City of Xxxxx determines that noncompliance cannot be remedied by imposing additional conditions, HUD or the City of Xxxxx may take one or more of the following actions, as appropriate in the circumstances:

  • Remedy for failure to insure If the Concessionaire shall fail to effect and keep in force all insurances for which it is responsible pursuant hereto, the Authority shall have the option to either keep in force any such insurances, and pay such premia and recover the costs thereof from the Concessionaire, or in the event of computation of a Termination Payment, treat an amount equal to the Insurance Cover as deemed to have been received by the Concessionaire.

  • REMEDIES FOR BREACH It is understood and agreed that all rights and remedies afforded below shall be in addition to all remedies or actions otherwise authorized or permitted by law:

  • Breach and Remedies for Breach 14 10.1 Liquidated Damages Schedule and Schedule Amendments.

  • Liability for Failure to Make Transfers If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

  • Remedies for Non-Compliance The Recipient agrees that if FTA determines that the Recipient or a Third Party Participant receiving federal assistance under 49 U.S.C. chapter 53 is not in compliance with 49 C.F.R. part 655, the Federal Transit Administrator may bar that Recipient or Third Party Participant from receiving all or a portion of the federal transit assistance for public transportation it would otherwise receive.

  • No Waiver; Remedies Cumulative No failure or delay on the part of any Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Credit Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. The rights, powers and remedies given to each Agent and each Lender hereby are cumulative and shall be in addition to and independent of all rights, powers and remedies existing by virtue of any statute or rule of law or in any of the other Credit Documents. Any forbearance or failure to exercise, and any delay in exercising, any right, power or remedy hereunder shall not impair any such right, power or remedy or be construed to be a waiver thereof, nor shall it preclude the further exercise of any such right, power or remedy.

  • Damages for Failure to Cut or Termination for Breach (a) In event of Purchaser’s failure to cut designated timber on portions of Sale Area by Termination Date or termination for breach under B9.31, Forest Service shall appraise remaining Included Timber, unless termination is under B8.22 or B8.34. Such appraisal shall be made with the standard Forest Service method in use at time of termination.

  • No Waiver; Cumulative Remedies No failure to exercise and no delay in exercising, on the part of the Administrative Agent or any Lender, any right, remedy, power or privilege hereunder or under the other Loan Documents shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

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