Common use of Corrective Action Plans Clause in Contracts

Corrective Action Plans. Manager shall prepare a written response to Xxxxxx Bank (a “Response to Audit Letter”) to all criticisms, recommendations, deficiencies, and violations of Applicable Law identified in reviews conducted by Xxxxxx Bank, any Regulatory Authority or Network (“Audit Findings”). The Response to Audit Letter shall be delivered to Xxxxxx Bank within [***] of Manager’s receipt of such Audit Findings, unless directed otherwise by a Regulatory Authority or a Network. The Response to Audit Letter shall include, at a minimum, a detailed discussion of the following: (a) the planned corrective action to address the Audit Findings (“Audit Corrective Action Plan”); (b) employee(s) of Manager tasked to remedy the Audit Findings; (c) remedial actions proposed to be directed to current or past Cardholders negatively impacted by the Audit Findings (provided no such action shall be taken without express written approval from Xxxxxx Bank); (d) steps to be taken to prevent any recurrence of the Audit Findings; (e) a specific timeframe, not to exceed [***], unless otherwise approved by Xxxxxx Bank in advance, to implement the Audit Corrective Action Plan (“Corrective Action Plan Deadline”); (f) documentation evidencing that the Audit Corrective Action Plan has been implemented; (g) if additional time is needed to implement the Audit Corrective Action Plan or deviations from the Audit Corrective Action Plan are necessary, a written request shall be submitted to Xxxxxx Bank detailing the extenuating circumstances that necessitate an extension of the Corrective Action Plan Deadline and such extension request shall be subject to the reasonable approval of Xxxxxx Bank; and (h) identification of any Audit Findings disputed by Manager or where corrective action is not possible or necessary, supported by a detailed explanation of Manager’s position.

Appears in 2 contracts

Samples: Prepaid Card Program Manager Agreement (Marqeta, Inc.), Prepaid Card Program Manager Agreement (Marqeta, Inc.)

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Corrective Action Plans. Manager (i) In the event that completion of a particular Project Milestone for which WST Seller is responsible is not achieved by the date set forth on the Project Schedule (other than as a result of a Force Majeure Event or Buyer-Caused Delay), WST Seller shall prepare promptly (and in any event, within ten (10) Business Days) submit to Buyer a written response proposed Corrective Action Plan, including a revised completion date for such Project Milestone that will allow the Commercial Operation Date to Xxxxxx Bank be achieved before the Outside Closing Date. Buyer shall notify WST Seller of its approval (a “Response such approval not to Audit Letter”be unreasonably withheld, conditioned or delayed) to all criticisms, recommendations, deficiencies, and violations of Applicable Law identified in reviews conducted by Xxxxxx Bank, any Regulatory Authority or Network such Corrective Action Plan within ten (“Audit Findings”). The Response to Audit Letter shall be delivered to Xxxxxx Bank within [***] of Manager10) Business Days following Buyer’s receipt of such Audit Findings, unless directed otherwise by a Regulatory Authority or a Network. The Response to Audit Letter shall include, at a minimum, a detailed discussion of the following: (a) the planned corrective action to address the Audit Findings (“Audit Corrective Action Plan”);. (bii) employee(s) of Manager tasked to remedy the Audit Findings; (c) remedial actions proposed to be directed to current or past Cardholders negatively impacted by the Audit Findings (provided no such action shall be taken without express written approval from Xxxxxx Bank); (d) steps to be taken to prevent If Buyer reasonably believes that any recurrence of the Audit Findings; (e) a specific timeframe, not to exceed [***], unless otherwise approved by Xxxxxx Bank in advance, to implement the Audit Corrective Action Plan (“proposed by WST Seller is not feasible, Buyer shall send WST Seller a written notice explaining why it believes such Corrective Action Plan Deadline”); is not feasible within ten (f10) documentation evidencing that the Audit Business Days following Buyer’s receipt of such Corrective Action Plan. Buyer shall be deemed to accept any Corrective Action Plan has been implemented; if it does not send any such written notice within such ten (g10) if additional time is needed to implement the Audit Corrective Action Plan or deviations Business Day period. Within ten (10) Business Days following receipt of any such written notice from the Audit Corrective Action Plan are necessaryBuyer, a written request WST Seller shall be submitted to Xxxxxx Bank detailing the extenuating circumstances that necessitate an extension of submit the Corrective Action Plan Deadline to the Independent Engineer. The Independent Engineer shall, at the sole cost and expense of WST Seller, review the Corrective Action Plan and determine whether such extension request Corrective Action Plan proposed by WST Seller is feasible. Such determination by the Independent Engineer shall be subject deemed to be agreed to by the reasonable approval of Xxxxxx Bank; andParties and shall become final and binding upon the Parties for all purposes hereunder. (hiii) identification of WST Seller shall implement and diligently comply with any Audit Findings disputed Corrective Action Plan approved by Manager Buyer (or where corrective action is not possible deemed accepted by Buyer) or necessary, supported determined to be feasible by a detailed explanation of Manager’s positionthe Independent Engineer.

Appears in 1 contract

Samples: Build Transfer Agreement (Public Service Co of New Mexico)

Corrective Action Plans. Manager shall prepare a written response to Xxxxxx Bank (a “Response to Audit Letter”) to all criticisms, recommendations, deficiencies, and violations of Applicable Law identified in reviews conducted by Xxxxxx Bank, any Regulatory Authority or Network (“Audit Findings”). The Response to Audit Letter shall be delivered to Xxxxxx Bank within [********] of Manager’s receipt of such Audit Findings, unless directed otherwise by a Regulatory Authority or a Network. .The Response to Audit Letter shall include, at a minimum, a detailed discussion of the following: (a) the planned corrective action to address the Audit Findings (“Audit Corrective Action Plan”); (b) employee(s) of Manager tasked to remedy the Audit Findings; (c) remedial actions proposed to be directed to current or past Cardholders negatively impacted by the Audit Findings (provided no such action shall be taken without express written approval from Xxxxxx Bank); (d) steps to be taken to prevent any recurrence of the Audit Findings; (e) a specific timeframe, not to exceed [********], unless otherwise approved by Xxxxxx Bank in advance, to implement the Audit Corrective Action Plan (“Corrective Action Plan Deadline”); (f) documentation evidencing that the Audit Corrective Action Plan has been implemented; (g) if additional time is needed to implement the Audit Corrective Action Plan or deviations from the Audit Corrective Action Plan are necessary, a written request shall be submitted to Xxxxxx Bank detailing the extenuating circumstances that necessitate an extension of the Corrective Action Plan Deadline and such extension request shall be subject to the reasonable approval of Xxxxxx Bank; and (h) identification of any Audit Findings disputed by Manager or where corrective action is not possible or necessary, supported by a detailed explanation of Manager’s position.

Appears in 1 contract

Samples: Prepaid Card Program Management Agreement (Cuentas Inc.)

Corrective Action Plans. Manager If the TFM receives an evaluation rating of “Improvement Needed,” the PRC shall prepare prescribe a written response to Xxxxxx Bank (a “Response to Audit Letter”) to all criticisms, recommendations, deficiencies, and violations of Applicable Law identified in reviews conducted by Xxxxxx Bank, any Regulatory Authority or Network (“Audit Findings”). The Response to Audit Letter shall be delivered to Xxxxxx Bank within [***] of Manager’s receipt of such Audit Findings, unless directed otherwise by a Regulatory Authority or a Network. The Response to Audit Letter shall include, at a minimum, a detailed discussion of the following: (a) the planned corrective action to address plan. o If substantial areas of concern still exist at the Audit Findings (“Audit completion of a Corrective Action Plan”); (b) employee(s) of Manager tasked , the PRC may choose to remedy extend the Audit Findings; (c) remedial actions proposed existing plan or write a new one. The PRC shall direct the TFM to be directed to current undergo the evaluation process during the next regular academic semester or past Cardholders negatively impacted by the Audit Findings (provided no such action shall be taken without express written approval from Xxxxxx Bank); (d) steps to be taken to prevent any recurrence year. A copy of the Audit Findings; (e) evaluation packet must also be forwarded to the appropriate vice president for review. o If a specific timeframe, not to exceed [***], unless otherwise approved by Xxxxxx Bank in advance, to implement the Audit Corrective Action Plan (“Corrective Action Plan Deadline”); (f) documentation evidencing that the Audit Corrective Action Plan has been implemented; (g) if additional time completed in the previous evaluation cycle and problems persist, the PRC may determine that an evaluation rating of “Unsatisfactory” is needed to implement the Audit appropriate. o An evaluation rating of “Unsatisfactory” may only be made after a Corrective Action Plan or deviations has been provided to the TFM and after this form of assistance has proven to be unsuccessful. Each plan should identify specific problem areas, offer concrete suggestions to remedy the problem(s), and specify ways in which success will be measured. These plans should also include a timeline for completion. If appropriate, help from resources both inside and outside the Audit college may be sought. All Corrective Action Plans and, any extensions of these plans, shall be completed before the TFM’s next evaluation. The TFM shall carry out the terms of any Corrective Action Plan are necessaryby the date specified in the plan. The TFM shall then schedule and lead a meeting with the PRC to discuss whether or not the plan was successfully completed. Following the meeting, a written request the PRC chair shall be submitted to Xxxxxx Bank detailing the extenuating circumstances that necessitate an extension of complete the Corrective Action Plan Deadline and such extension request Report of Completion. The reports of completion shall be subject included in the TFM’s portfolio and a copy shall be forwarded to Human Resources. The TFM shall sign any reports of completion and may attach a written response statement within ten (10) business days following receipt of the reasonable approval of Xxxxxx Bank; and (h) identification of any Audit Findings disputed by Manager or where corrective action is not possible or necessary, supported by a detailed explanation of Manager’s positionreport.

Appears in 1 contract

Samples: District/Faculty Assembly Agreement

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Corrective Action Plans. Manager Marketer shall prepare a written response to Xxxxxx Bank CBKC (a “Response to Audit Letter”) to all criticisms, recommendations, deficiencies, and violations of Applicable Law identified in reviews conducted by Xxxxxx Bankor on behalf of CBKC, any Regulatory Authority or Network (“Audit Findings”). The Response to Audit Letter shall be delivered to Xxxxxx Bank CBKC within [***] twenty (20) Business Days of ManagerMarketer’s receipt of such Audit Findings, unless directed otherwise by a Regulatory Authority or a Network. The Response to Audit Letter shall include, at a minimum, a detailed discussion of the following: (ai) the planned corrective action to address the Audit Findings (“Audit Corrective Action Plan”); (bii) employee(s) of Manager Marketer tasked to remedy the Audit Findings; (ciii) remedial actions proposed to be directed to current or past Cardholders negatively impacted by the Audit Findings (provided no such action shall be taken without express written approval from Xxxxxx BankCBKC); (div) steps to be taken to prevent any recurrence of the Audit Findings; (ev) a specific timeframe, not to exceed [***]forty (40) Business Days, unless otherwise approved by Xxxxxx Bank CBKC in advance, to implement the Audit Corrective Action Plan (“Corrective Action Plan Deadline”); (fvi) documentation evidencing that the Audit Corrective Action Plan has been implemented; (gvii) if additional time is needed to implement the Audit Corrective Action Plan or deviations from the Audit Corrective Action Plan are necessary, a written request shall be submitted to Xxxxxx Bank CBKC detailing the extenuating circumstances that necessitate an extension of the Corrective Action Plan Deadline and such extension request shall be subject to the reasonable approval of Xxxxxx BankCBKC; and (hviii) identification of any Audit Findings disputed by Manager Marketer or where corrective action is not possible or necessary, supported by a detailed explanation of ManagerMarketer’s position.

Appears in 1 contract

Samples: Prepaid Card Marketing and Technology Development Agreement (Cachet Financial Solutions, Inc.)

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