DEFICIENCIES IN PERFORMANCE Clause Samples

The "Deficiencies in Performance" clause defines the procedures and consequences when a party fails to meet the required standards or obligations outlined in the agreement. Typically, this clause outlines how deficiencies are identified, the process for notifying the responsible party, and the steps required for remediation, such as corrective actions or timelines for resolving issues. Its core function is to ensure accountability and provide a clear mechanism for addressing and rectifying substandard performance, thereby protecting the interests of the non-breaching party and maintaining the integrity of the contractual relationship.
DEFICIENCIES IN PERFORMANCE. 14.1 A Party who becomes aware of any Defect will notify the other Party within 7 (seven) Business Days after becoming aware of the Defect. 14.2 Within 7 (seven) Business Days after becoming aware thereof or such other time frame as may be agreed in writing between the Parties, the Service Provider will correct and repair any Defect in a Deliverable which prevents the Deliverable from conforming to the requirements of this Agreement and performing as warranted, at no cost to the University. 14.3 Where required by the University, the Service Provider will provide the University with a replacement Deliverable for the time that the affected Deliverable is being repaired so as to prevent unexpected interruptions in its own day-to-day operations and business. 14.4 In the event that the Service Provider is unable to repair an affected Deliverable as required, it shall replace the Deliverable at no additional cost to the University. 14.5 If the Service Provider is unable or unwilling to correct or repair a Defect or replace a Deliverable within the period as set out in clause 14.2, the University may, in addition to any other rights or remedies it may have at law, by itself or through a third party correct or repair the Defects or re-perform or replace the non-conforming Deliverables at the Service Provider’s expense, or require the Service Provider to provide the University with a refund for all Deliverables which do not conform or perform as warranted or are not fit for the purpose for which they were procured. 14.6 The Service Provider is responsible for the costs of repairing, replacing or correcting nonconforming Deliverables, and for all related costs, expenses and damages including, but not limited to, the costs of removal, disassembly, failure analysis, fault isolation, reinstallation, re-inspection, and retrofit of the nonconforming Deliverables of the University’s affected end-product; all freight charges; all customer charges; and all other corrective action costs (including costs of additional inspection or quality-control systems). Unless set off by the University, the Service Provider will reimburse the University for all such costs upon receipt of the University’s invoice. 14.7 Unless agreed otherwise between the Parties in writing the Service Provider will continue to provide the Deliverables until the University is satisfied that the Deliverables are fit for the purpose for which they were procured, of suitable quality and that the Deliverables d...
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DEFICIENCIES IN PERFORMANCE. 16.1 A Party who becomes aware of any Defect will notify the other Party within 7 (seven) Business Days after becoming aware of the Defect. 16.2 Within 7 (seven) Business Days after becoming aware of the Defect or such other time frame as may be agreed upon in writing between the Parties, the Service Provider will promptly and at no additional cost to the University, modify or correct any Defect. Upon receipt of a written notification regarding a Defect, the Service Provider must take immediate and necessary actions to rectify the Defect in a timely and diligent manner, utilising appropriate remedies such as repair, replacement, or re-performance. To facilitate the resolution process, the University shall upon written request by the Service Provider provide the Service Provider with unrestricted working access to the non- conforming Services. Additionally, the University may, on receipt of a reasonable written request by the Service Provider consider the transfer of title to any replaced parts/items to the Service Provider. 16.3 The Service Provider is responsible for the costs of modifying, or correcting nonconforming Services, and for all related costs, expenses and damages.
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DEFICIENCIES IN PERFORMANCE. 14.1 Upon becoming aware of any Defect, a Party shall notify the other Party within 7 (seven) Business Days. 14.2 Within 7 (seven) Business Days of becoming aware of the Defect, or within an alternative time frame agreed upon in writing by both Parties, the Service Provider shall, at no additional cost to the University, promptly modify, reperform, or correct, the Defect. Upon receiving written notice of the Defect, the Service Provider must take immediate and necessary action to address and resolve the issue in a timely and diligent manner. For the avoidance of doubt, it is recorded that the Service Provider is responsible for the costs of modifying, reperforming, or correcting the nonconforming Services and for all related costs, expenses and damages; 14.3 If the Service Provider is unable or unwilling to modify, reperform, or correct a Defect within the period as set out in clause Error! Reference source not found.Error! Reference source not found., the University may, in addition to any other rights or remedies it may have at law, 14.3.1 by itself or through a third party modify, reperform, or correct the Services at the Service Provider’s expense, or 14.3.2 require the Service Provider to provide the University with a refund for the Services which are defective and not fit for the purpose for which they were procured. The University reserves the right to enforce the provisions of clause 21.2.7; or 14.3.3 enforce the provisions of clause 22.
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DEFICIENCIES IN PERFORMANCE. 15.1 A Party who becomes aware of any Defect will notify the other Party within 7 (seven) Business Days after becoming aware of the Defect. 15.2 Within 7 (seven) Business Days after becoming aware of the Defect or such other time frame as may be agreed upon in writing between the Parties, the Service Provider shall promptly and at no additional cost to the University, modify, reperform, or correct any Defect. Upon receipt of a written notification regarding a Defect, the Service Provider must take immediate and necessary actions to rectify the Defect in a timely and diligent manner. For the avoidance of doubt it is recorded that the Service Provider is responsible for the costs of modifying, reperforming, or correcting the nonconforming Services and for all related costs, expenses and damages; 15.3 If the Service Provider is unable or unwilling to modify, reperform, or correct a Defect within the period as set out in clause 14.2., the University may, in addition to any other rights or remedies it may have at law, 15.4 by itself or through a third party modify, reperform, or correct the Services at the Service Provider’s expense; or 15.5 enforce the provisions of clause 21. 15.6 The Service Provider is responsible for the costs of modifying, repairing, replacing or correcting nonconforming Services, and for all related costs, expenses and damages. 15.7 Unless explicitly stated otherwise in a written agreement between the Parties, the Service Provider must ensure uninterrupted provision of the Services until such time as the University deems them to be fit for the intended purpose for which they were acquired, meeting the required level of quality, and free from any Defects.
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Related to DEFICIENCIES IN PERFORMANCE

  • Non-Performance The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined.

  • Performance Deficiencies If the City or the Quality Control Manager determine in their reasonable belief that any of the Infrastructure Improvements are not being constructed in accordance with the Infrastructure Improvement Plans or this Agreement in any material respect, they shall immediately notify RCP and Bliss Sports II in writing stating the alleged deficiency and the City, the Quality Control Manager, the Architect, RCP and Bliss Sports II will meet within seven (7) days of the giving of such notice to discuss whether the Infrastructure Improvements are not being constructed in accordance with the Infrastructure Improvement Plans or this Agreement in any material respect and, if the City, RCP and Architect agree that they are not, then RCP shall cause Bliss Sports II to correct such deficiencies. The failure by the City to provide any notice of any observed deficiency shall not give rise to any liability to the City and shall not be considered a waiver of any right of the City under this Agreement, including, without limitation, the enforcement of the representations and warranties of Bliss Sports II under this Agreement and any warranties that may be made to the City by any Contracting Parties under the Infrastructure Construction Contract Documents with respect to the completion of the Infrastructure Improvements in accordance with the Infrastructure Improvement Plans and the Project Timeline.

  • Default in Performance (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h) or Article IX.; or (ii) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement contained in this Agreement or any other Loan Document to which it is a party and not otherwise mentioned in this Section, and in the case of this subsection (b)(ii) only, such failure shall continue for a period of 30 days after the earlier of (x) the date upon which a Responsible Officer of the Borrower or such other Loan Party obtains knowledge of such failure or (y) the date upon which the Borrower has received written notice of such failure from the Administrative Agent.

  • EVALUATING PERFORMANCE 7.1 The Performance Plan (Annexure A) to this Agreement sets out: 7.1.1 the standards and procedures for evaluating the Employee’s perfor- ▇▇▇▇▇; and 7.1.2 the intervals for the evaluation of the Employee’s performance. 7.2 Despite the establishment of agreed intervals for evaluation, the Employer may in addition review the Employee’s performance at any stage while the contract of employment remains in force. 7.3 Personal growth and development needs identified during any performance review discussion must be documented in a Personal Development Plan as well as the actions agreed to and implementation must take place within set time frames. 7.4 The Employee’s performance will measured in terms of contributions to the goals and strategies set out in the Employer’s IDP. 7.5 The annual performance appraisal will involve: 7.5.1. Assessment of the achievement of results as outlined in the perfor- ▇▇▇▇▇ plan: (a) Each KPA should be assessed according to the extent to which the specified standards or performance indicators have been met and with due regard to ad hoc tasks that had to be performed under the KPA. (b) An indicative rating on the five-point scale should be provided for each KPA. (c) The applicable assessment rating calculator (refer to paragraph 7.5.3. below) must then be used to add the scores and calculate a final KPA score.

  • Monitoring of Performance Vendor shall continuously monitor and record its performance to ensure that all of Vendor's responsibilities and obligations hereunder are being met and fulfilled. Citizens may conduct programmatic and other administrative contract monitoring during the term of this Agreement. The purpose of this monitoring is to ensure that all of Vendor's responsibilities and obligations are being met and fulfilled. Such monitoring may include on-site visits, report reviews, invoice reviews, compliance reviews, and a review of any other areas reasonably necessary. Vendor acknowledges and agrees that Citizens may also monitor and record Vendor Staff communications to the extent they occur within or are connected to any Citizens’ resource, such as electronic or telecommunications systems.