Common use of AUTHORITY REMEDIES Clause in Contracts

AUTHORITY REMEDIES. Without prejudice to any other rights or remedies arising under this Panel Agreement, including under Clause 33.2 (Termination on Material Default) if the Supplier: is informed in writing that the results of any Panel Customers Satisfaction Survey are deemed to be unsatisfactory by the Authority in its sole discretion pursuant to Clause 16.4; fails to achieve a KPI Target on two (2) or more occasions within any twelve (12) Month rolling period; is unable to accept a Legal Services Contract (where the Panel Customer requires the provision of Optional Specialisms only under lot 2 only) on three (3) or more occasions within any twelve (12) Month rolling period where either; the Supplier does not have adequate resources to properly service an Order or respond to an invitation to participate in a Further Competition Procedure because the required resources are engaged in servicing non-Panel work or other non-Government work; or the Supplier has not re-organised/strengthened its capacity and resources within the time limit set by the Authority (which shall be no more than three (3) Months) where they do not have adequate resources to properly service the Order or respond to an invitation to participate in a Further Competition because the required resources are engaged in servicing existing Orders made under the Panel Agreement or other work for Government; or is unable to accept a Legal Services Contract where the Panel Customer requires the provision of Mandatory Specialisms on two (2) or more occasions within any twelve (12) Month rolling period where either: the Supplier does not have adequate resources to properly service an Order or respond to an invitation to participate in a Further Competition Procedure because the required resources are engaged in servicing non-Panel work or other non Government work; or the Supplier has not re-organised/strengthened its capacity and resources within the time limit set by the Authority (which shall be no more than three (3) Months) where they do not have adequate resources to properly service the Order or respond to an invitation to participate in a Further Competition because the required resources are engaged in servicing existing Orders made under the Panel Agreement or other work for Government, the Supplier acknowledges and agrees that the Authority shall have the right to exercise (in its absolute and sole discretion) all or any of the following remedial actions: The Authority shall be entitled to require the Supplier, and the Supplier agrees to prepare and provide to the Authority, an Improvement Plan within ten (10) Working Days of a written request by the Authority for such Improvement Plan. Such Improvement Plan shall be subject to Approval and the Supplier will be required to implement any Approved 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 one (1) or more meetings at the request of 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. In the event that the Authority has, in its absolute and sole discretion, invoked one (1) or more of the remedies set out above and the Supplier either: fails to implement such requirements for improvement as set out in the Improvement Notice; fails to implement an Improvement Plan Approved by the Authority; and/or fails to improve (as determined by the Authority in its sole discretion) in accordance with the Improvement Plan, then (without prejudice to any other rights and remedies of termination provided for in this Panel Agreement), the Authority shall be entitled to terminate this Panel Agreement for material Default.

AUTHORITY REMEDIES. 32.1 Without prejudice to any other rights or remedies arising under this Panel Agreement, including under Clause 33.2 (Termination on Material Default) if the Supplier: : 32.1.1 is informed in writing that the results of any Panel Customers Satisfaction Survey are deemed to be unsatisfactory by the Authority in its sole discretion pursuant to Clause 16.4; ; 32.1.2 fails to achieve a KPI Target on two (2) or more occasions within any twelve (12) Month rolling period; ; 32.1.3 is unable to accept a Legal Services Contract (where the Panel Customer requires the provision of Optional Specialisms only under lot 2 only) on three (3) or more occasions within any twelve (12) Month rolling period where either; ; (a) the Supplier does not have adequate resources to properly service an Order or respond to an invitation to participate in a Further Competition Procedure because the required resources are engaged in servicing non-Panel work or other non-non Government work; or or (b) the Supplier has not re-organised/strengthened its capacity and resources within the time limit set by the Authority (which shall be no more than three (3) Months) where they do not have adequate resources to properly service the Order or respond to an invitation to participate in a Further Competition because the required resources are engaged in servicing existing Orders made under the Panel Agreement or other work for Government; or or 32.1.4 is unable to accept a Legal Services Contract where the Panel Customer requires the provision of Mandatory Specialisms on two (2) or more occasions within any twelve (12) Month rolling period where either: : (a) the Supplier does not have adequate resources to properly service an Order or respond to an invitation to participate in a Further Competition Procedure because the required resources are engaged in servicing non-Panel work or other non Government work; or or (b) the Supplier has not re-organised/strengthened its capacity and resources within the time limit set by the Authority (which shall be no more than three (3) Months) where they do not have adequate resources to properly service the Order or respond to an invitation to participate in a Further Competition because the required resources are engaged in servicing existing Orders made under the Panel Agreement or other work for Government, the Supplier acknowledges and agrees that the Authority shall have the right to exercise (in its absolute and sole discretion) all or any of the following remedial actions: : 32.1.5 The Authority shall be entitled to require the Supplier, and the Supplier agrees to prepare and provide to the Authority, an Improvement Plan within ten (10) Working Days of a written request by the Authority for such Improvement Plan. Such Improvement Plan shall be subject to Approval and the Supplier will be required to implement any Approved Improvement Plan, as soon as reasonably practicable. . 32.1.6 The Authority shall be entitled to require the Supplier, and the Supplier agrees to attend, within a reasonable time one (1) or more meetings at the request of the Authority in order to resolve the issues raised by the Authority in its notice to the Supplier requesting such meetings. . 32.1.7 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. . 32.1.8 In the event that the Authority has, in its absolute and sole discretion, invoked one (1) or more of the remedies set out above and the Supplier either: : (a) fails to implement such requirements for improvement as set out in the Improvement Notice; ; (b) fails to implement an Improvement Plan Approved by the Authority; and/or and/or (c) fails to improve (as determined by the Authority in its sole discretion) in accordance with the Improvement Plan, then (without prejudice to any other rights and remedies of termination provided for in this Panel Agreement), the Authority shall be entitled to terminate this Panel Agreement for material Default.

AUTHORITY REMEDIES. 32.1 Without prejudice to any other rights or remedies arising under this Panel Agreement, including under Clause 33.2 (Termination on Material Default) if the Supplier: : 32.1.1 is informed in writing that the results of any Panel Customers Satisfaction Survey are deemed to be unsatisfactory by the Authority in its sole discretion pursuant to Clause 16.4; ; 32.1.2 fails to achieve a KPI Target on two (2) or more occasions within any twelve (12) Month rolling period; ; 32.1.3 is unable to accept a Legal Services Contract (where the Panel Customer requires the provision of Optional Specialisms only under lot 2 only) on three (3) or more occasions within any twelve (12) Month rolling period where either; ; (a) the Supplier does not have adequate resources to properly service an Order or respond to an invitation to participate in a Further Competition Procedure because the required resources are engaged in servicing non-Panel work or other non-non Government work; or or (b) the Supplier has not re-organised/strengthened its capacity and resources within the time limit set by the Authority (which shall be no more than three (3) Months) where they do not have adequate resources to properly service the Order or respond to an invitation to participate in a Further Competition because the required resources are engaged in servicing existing Orders made under the Panel Agreement or other work for Government; or or 32.1.4 is unable to accept a Legal Services Contract where the Panel Customer requires the provision of Mandatory Specialisms on two (2) or more occasions within any twelve (12) Month rolling period where either: : (a) the Supplier does not have adequate resources to properly service an Order or respond to an invitation to participate in a Further Competition Procedure because the required resources are engaged in servicing non-Panel work or other non Government work; or or (b) the Supplier has not re-organised/strengthened its capacity and resources within the time limit set by the Authority (which shall be no more than three (3) Months) where they do not have adequate resources to properly service the Order or respond to an invitation to participate in a Further Competition because the required resources are engaged in servicing existing Orders made under the Panel Agreement or other work for Government, the Supplier acknowledges and agrees that the Authority shall have the right to exercise (in its absolute and sole discretion) all or any of the following remedial actions: : 32.1.5 The Authority shall be entitled to require the Supplier, and the Supplier agrees to prepare and provide to the Authority, an Improvement Plan within ten (10) Working Days of a written request by the Authority for such Improvement Plan. Such Improvement Plan shall be subject to Approval and the Supplier will be required to implement any Approved Improvement Plan, as soon as reasonably practicable. . 32.1.6 The Authority shall be entitled to require the Supplier, and the Supplier agrees to attend, within a reasonable time one (1) or more meetings at the request of the Authority in order to resolve the issues raised by the Authority in its notice to the Supplier requesting such meetings. . 32.1.7 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. . 32.1.8 In the event that the Authority has, in its absolute and sole discretion, invoked one (1) or more of the remedies set out above and the Supplier either: fails to implement such requirements for improvement as set out in the Improvement Notice; fails to implement an Improvement Plan Approved by the Authority; and/or fails to improve (as determined by the Authority in its sole discretion) in accordance with the Improvement Plan, then (without prejudice to any other rights and remedies of termination provided for in this Panel Agreement), the Authority shall be entitled to terminate this Panel Agreement for material Default.one