Common use of Assessment of Performance Clause in Contracts

Assessment of Performance. 6.1 At any time during the term of this Agreement, the Government may conduct at any intervals reviews :- (a) of the quality of education provided at the School; (b) to ascertain whether the School is being operated and managed to the standard as specified in the School Development Plan; (c) to ascertain whether the provisions of this Agreement are being complied with; and (d) on the School’s self-evaluation. 6.2 Without prejudice to the generality of Clause 6.1, the Government shall conduct a comprehensive review of all areas of the School, which shall include those specified in Schedule V hereto, after five years from Commencement Date, or on a periodic basis as the Government may think fit. 6.3 For the purposes of Clauses 6.1 and 6.2 above, the SMC shall fully co- operate with the Government and shall grant such access to its premises, books and records as may be requested by the Government to enable the Government and its authorised representatives to carry out such reviews. 6.4 The assessment mentioned above will primarily take into account the Performance Targets and the School’s self-evaluation. 6.5 If at any time the SMC fails to comply with any provisions of this Agreement or manage or operate the School in conformity to the standard set out in the School Development Plan, the Government or the Permanent Secretary may without prejudice to its/his rights and powers under this Agreement or the Ordinance :- (a) require the SMC to draw up and implement an action plan to overcome identified problems or to achieve the Performance Targets within the period as the Government or the Permanent Secretary may specify, provided that the specified period shall not be less than one month; (b) monitor the progress of implementation and the achievement of the Performance Targets; (c) conduct follow-up inspections during and/or after the period specified under paragraph (a) above. 6.6 If the Government considers that the SMC has failed to comply with Clause 6.5, the Government or the Permanent Secretary may, without prejudice to its/his rights and powers under the Ordinance :- (a) appoint managers in accordance with Section 41 of the Ordinance; and/or (b) decide not to renew this Agreement by :- (i) giving the SMC nine months’ notice before this Agreement expires; or (ii) (if that agreement will expire in less than nine months’ period) giving the SMC prior notice and the Government may in its discretion determine the notice period; and/or (c) terminate this Agreement at any time before the expiry of this Agreement by :- (i) giving the SMC nine months’ notice in writing; or (ii) (if that agreement will expire in less than nine months’ period) giving the SMC prior notice and the Government may in its discretion determine the notice period; and/or (d) take any other measures as it/he thinks fit. 6.7 For the purposes of this Clause 6, the expression “review” includes without limitation inspections and assessments; and “self-evaluation” means the annual self-evaluation to be conducted by the School with respect to the achievement of the Performance Targets.

Assessment of Performance. 6.1 At any time during the term of this Agreement, the Government may conduct at any intervals reviews :- (a) of the quality of education provided at the School; (b) to ascertain whether the School is being operated and managed to the standard as specified in the School Development Plan; (c) to ascertain whether the provisions of this Agreement are being complied with; and (d) on the School’s 's self-evaluation. 6.2 Without prejudice to the generality of Clause 6.1, the Government shall conduct a comprehensive review of all areas of the School, which shall include those specified in Schedule V hereto, after five years from Commencement Date, or on a periodic basis as the Government may think fit. 6.3 For the purposes of Clauses Clause 6.1 and 6.2 above, the SMC IMC shall fully co- co-operate with the Government and shall grant such access to its premises, books and records as may be requested by the Government to enable the Government and its authorised representatives to carry out such reviews. 6.4 6.3 The assessment mentioned above will primarily take into account the Performance Targets and the School’s self-evaluation. 6.5 6.4 If at any time the SMC IMC fails to comply with any provisions of this Agreement or manage or operate the School in conformity to the standard set out in the School Development Plan, the Government or the Permanent Secretary may without prejudice to its/his rights and powers under this Agreement or the Ordinance :- (a) require the SMC IMC to draw up and implement an action plan to overcome identified problems or to achieve the Performance Targets within the period as the Government or the Permanent Secretary may specify, provided that the specified period shall not be less than one month; (b) monitor the progress of implementation and the achievement of the Performance Targets; (c) conduct follow-up inspections during and/or after the period specified under paragraph (a) above. 6.6 6.5 If the Government considers that the SMC IMC has failed to comply with Clause 6.56.4, the Government or the Permanent Secretary may, without prejudice to its/his rights and powers under the Ordinance :- (a) appoint managers in accordance with Section 41 of the Ordinance; and/or (b) decide not to renew this Agreement by :- (i) giving the SMC IMC nine months’ notice before this Agreement expires; or (ii) (if that agreement will expire in less than nine months’ period) giving the SMC IMC prior notice and the Government may in its discretion determine the notice period; and/or (c) terminate this Agreement at any time before the expiry of this Agreement by :- (i) giving the SMC IMC nine months’ notice in writing; or (ii) (if that agreement will expire in less than nine months’ period) giving the SMC IMC prior notice and the Government may in its discretion determine the notice period; and/or (d) take any other measures as it/he thinks fit. 6.7 6.6 For the purposes of this Clause 6, the expression “review” includes without limitation inspections and assessments; and “self-evaluation” means the annual self-evaluation to be conducted by the School with respect to the achievement of the Performance Targets.

Assessment of Performance. 6.1 At any time during the term of this Agreement, the Government may conduct at any intervals reviews :- (a) of the quality of education provided at the School; (b) to ascertain whether the School is being operated and managed to the standard as specified in the School Development Plan; (c) to ascertain whether the provisions of this Agreement are being complied with; and (d) on the School’s self-evaluation. 6.2 Without prejudice to the generality of Clause 6.1, the Government shall conduct a comprehensive review of all areas of the School, which shall include those specified in Schedule V hereto, after five years from Commencement Date, or on a periodic basis at any length of period as the Government may think fit. 6.3 For the purposes of Clauses 6.1 and 6.2 above, the SMC IMC shall fully co- operate with the Government and shall grant such access to its premises, books and records as may be requested by the Government to enable the Government and its authorised representatives to carry out such reviews. 6.4 The assessment mentioned above will primarily take into account the Performance Targets and the School’s self-evaluation. 6.5 If at any time the SMC IMC fails to comply with any provisions of this Agreement or manage or operate the School in conformity to the standard set out in the School Development Plan, the Government or the Permanent Secretary may without prejudice to its/his rights and powers under this Agreement or the Ordinance :- (a) require the SMC IMC to draw up and implement an action plan to overcome identified problems or to achieve the Performance Targets within the period as the Government or the Permanent Secretary may specify, provided that the specified period shall not be less than one month; (b) monitor the progress of implementation and the achievement of the Performance Targets; (c) conduct follow-up inspections during and/or after the period specified under paragraph (a) above. 6.6 If the Government considers that the SMC IMC has failed to comply with Clause 6.5, the Government or the Permanent Secretary may, without prejudice to its/his rights and powers under the Ordinance :- (a) appoint managers in accordance with Section 41 of the Ordinance; and/or (b) decide not to renew this Agreement by :- (i) giving the SMC IMC nine months’ notice before this Agreement expires; or (ii) (if that agreement will expire in less than nine months’ period) giving the SMC IMC prior notice and the Government may in its discretion determine the notice period; and/or (c) terminate this Agreement at any time before the expiry of this Agreement by :- (i) giving the SMC IMC nine months’ notice in writing; or (ii) (if that agreement will expire in less than nine months’ period) giving the SMC IMC prior notice and the Government may in its discretion determine the notice period; and/or (d) take any other measures as it/he thinks fit. 6.7 For the purposes of this Clause 6, the expression “review” includes without limitation inspections and assessments; and “self-evaluation” means the annual self-evaluation to be conducted by the School with respect to the achievement of the Performance Targets.