Common use of Improvement Plan Clause in Contracts

Improvement Plan. 24.1 Without prejudice to any other rights or remedies arising under this DPS Agreement, including under Clause 25.1 (Termination on Material Default), if the Provider commits a material Default of this DPS Agreement (such that the Administering Authority has the right to issue a Termination Notice pursuant to Clause 25 (Administering Authority’s Termination Rights) in respect of such Default) the Provider acknowledges and agrees that the Administering Authority shall have the right to exercise (in its absolute and sole discretion) all or any of the following remedial actions: 24.1.1 the Administering Authority shall be entitled to require the Provider to prepare and provide to the Administering Authority a draft Improvement Plan within ten (10) Working Days; 24.1.2 the Administering Authority shall be entitled to require the Provider to attend, within a reasonable time, one or more meeting(s) in order to resolve the issues raised by the Administering Authority in its notice to the Provider requesting such meetings; 24.1.3 the Administering Authority shall be entitled to serve an Improvement Notice on the Provider and the Provider shall implement such requirements for improvement as set out in the Improvement Notice. 24.2 Where the Administering Authority has instructed the Provider to prepare and provide a draft Improvement Plan pursuant to Clause 24.1.1 (Improvement Plan) the Provider shall ensure that the draft Improvement Plan sets out (as a minimum): 24.2.1 full details of the relevant Default(s) including a root cause analysis; 24.2.2 the actual or anticipated effect of the Default(s); and 24.2.3 the steps which the Provider proposes to take to rectify the Default(s) and (where applicable) to prevent such Default(s) from recurring, including timescales. and the Provider shall promptly provide to the Administering Authority any further documentation that the Administering Authority requires to assess the Provider’s draft Improvement Plan. 24.3 The Administering Authority shall consider the draft Improvement Plan and may reject the draft Improvement Plan by notice to the Provider if, acting reasonably, it considers that the draft Improvement Plan is: 24.3.1 insufficiently detailed to be capable of proper evaluation; 24.3.2 will take too long to complete; 24.3.3 will not prevent reoccurrence of the Default(s); or 24.3.4 will rectify the Default but in a manner which is unacceptable to the Administering Authority, such notice giving reasons for the rejection, and the Provider shall take the reasons into account in the preparation of a revised Improvement Plan, which shall be submitted for further review within five (5) Working Days (or such other date as stated in the notice rejecting the initial draft). 24.4 If the Administering Authority Approves the draft or revised Improvement Plan that Improvement Plan the Provider shall immediately start work on the actions set out therein. 24.5 In the event that the Administering Authority has, in its absolute and sole discretion, invoked one or more of the remedies set out in Clause 24.1 (Improvement Plan) and the Provider either:

Improvement Plan. 24.1 Without prejudice to any other rights or remedies arising under this DPS Agreement, including under Clause 25.1 (Termination on Material Default), if the Provider commits a material Default of this DPS Agreement (such that the Administering Authority has the right to issue a Termination Notice pursuant to Clause 25 0 (Administering Authority’s Termination Rights) in respect of such Default) the Provider acknowledges and agrees that the Administering Authority shall have the right to exercise (in its absolute and sole discretion) all or any of the following remedial actions: 24.1.1 the Administering Authority shall be entitled to require the Provider to prepare and provide to the Administering Authority a draft Improvement Plan within ten (10) Working Days; 24.1.2 the Administering Authority shall be entitled to require the Provider to attend, within a reasonable time, one or more meeting(s) in order to resolve the issues raised by the Administering Authority in its notice to the Provider requesting such meetings; 24.1.3 the Administering Authority shall be entitled to serve an Improvement Notice on the Provider and the Provider shall implement such requirements for improvement as set out in the Improvement Notice. 24.2 Where the Administering Authority has instructed the Provider to prepare and provide a draft Improvement Plan pursuant to Clause 24.1.1 (Improvement Plan) the Provider shall ensure that the draft Improvement Plan sets out (as a minimum): 24.2.1 full details of the relevant Default(s) including a root cause analysis; 24.2.2 the actual or anticipated effect of the Default(s); and 24.2.3 the steps which the Provider proposes to take to rectify the Default(s) and (where applicable) to prevent such Default(s) from recurring, including timescales. and the Provider shall promptly provide to the Administering Authority any further documentation that the Administering Authority requires to assess the Provider’s draft Improvement Plan. 24.3 The Administering Authority shall consider the draft Improvement Plan and may reject the draft Improvement Plan by notice to the Provider if, acting reasonably, it considers that the draft Improvement Plan is: 24.3.1 insufficiently detailed to be capable of proper evaluation; 24.3.2 will take too long to complete; 24.3.3 will not prevent reoccurrence of the Default(s); or 24.3.4 will rectify the Default but in a manner which is unacceptable to the Administering Authority, such notice giving reasons for the rejection, and the Provider shall take the reasons into account in the preparation of a revised Improvement Plan, which shall be submitted for further review within five (5) Working Days (or such other date as stated in the notice rejecting the initial draft). 24.4 If the Administering Authority Approves the draft or revised Improvement Plan that Improvement Plan the Provider shall immediately start work on the actions set out therein. 24.5 In the event that the Administering Authority has, in its absolute and sole discretion, invoked one or more of the remedies set out in Clause 24.1 (Improvement Plan) and the Provider either: