MANAGING POOR PERFORMANCE. 7.3.1. Freeport delivery will be managed through the processes set out in the Freeports Framework. Should an issue arise, DLUHC will first attempt to resolve it in collaboration with the Governing Body and if applicable the Accountable Body. For persistent issues which are recorded at the annual review or are the result of other assurance activities DLUHC will seek to agree a tailored improvement plan with the Governing Body and the Accountable Body as outlined in the Freeports Framework. 7.3.2. DLUHC’s support for the Freeport is contingent on compliance with this MoU, Appendixes’, and Schedules. DLUHC support of the Freeport may be withdrawn where there are significant concerns with the Freeport, for example including but not limited to the following scenarios where there is: a) Consistently poor progress against agreed delivery commitments and/ or limited commitment to full and effective Freeport delivery; b) Evidence of the misuse of public funds; c) An inability to manage the governance of potential security risks and illicit activity associated with the Freeport; d) Non-compliance with commitments on retained business rates and/or tax site delivery; e) Failure to comply with the minimum requirements of a Freeport (for example, failing to establish an operational customs site), as set out in HMG Freeports policy documentation; f) Activity or negligence leading to the risk of exposure to the wider Freeports Programme to reputational risk (for example, through failures of governance). 7.3.3. The Governing Body, Accountable Body and Billing Authorities accept and agree to all the terms having made full and proper enquiry before agreeing to the statements contained in this MoU. 7.3.4. DLUHC will not resort to performance measures as a first response to address concerns relating to Freeport delivery, except in the high-risk areas of continued concern. Where appropriate, HMG will consider: a) Engagement with relevant government officials (for example, additional bespoke meeting to understand and rectify problems) b) Increased frequency and/or depth of assurance testing c) Delay or reduction of Seed Capital funding and/ or revenue capacity funding: to ensure probity of public funds, funding may be partially or fully withheld until improvements in the Freeport are made. The specific amount and type of funding withheld will depend on the circumstances of the Freeport and the specific concerns which need to be addressed. As part of this process, consideration w...

MANAGING POOR PERFORMANCE. 22.1 Without prejudice to the Council's other rights and remedies under this Agreement, if, following a Review Meeting, the Council's Officer determines that the Trust has failed to perform any of its obligations under this Agreement (which shall be deemed to include a failure to deliver the Service Level Agreement), the Business Transfer Agreement, the Leases, the Support Services Agreement and/or the Pensions Admissions Agreement and/or is otherwise in material breach of any of its obligation under those agreements the Council Officer shall give written notice of such breach to the Trust. 22.2 Within 14 days of the receipt of a notice given under Clause 22.1above, the Trust shall prepare and submit to the Council for its approval an action plan to remedy the breaches specified in the notice ("Action Plan"). 22.3 AconmpAlcatiinoend oPfl.an shall specify a timetable for remedying each of the breaches 22.4 Within 14 days of its receipt of an Action Plan the Council may approve the plan or, in default of such approval, the Dispute Procedure shall apply. 22.5 Following the approval of an Action Plan under Clause 22.4 if, at the next review meeting between the parties, the breaches specified in the notice issued under Clause 22.2 have not been remedied by the Trust in the time period permitted by the Action Plan, the Council may: 22.5.1 agree to an extended period for the Action Plan; or 22.5.2 in the case of a material breach which is having a detrimental impact on the quality of the Services offered, terminate this Agreement in accordance with Clause 23; or 22.5.3 in the case of any breach (including a material breach referred to in Clause 22.5.2) reduce the Services Fee by an amount commensurate to the agreed value of any Key 5010364.7[JXB/E 104/1] 15/12/2005 .¢ Performance Output that the Trust has failed to deliver until such time as the breach has been remedied; or 22.5.4 issue to the Trust an improvement plan specifying the improvements required to be delivered by the Trust in relation to all or any of the Services provided pursuant to the terms of this Agreement. The improvement plan will include a time period for remedy and will notify the Trust of the consequences of failure to comply. 22.6 Any variation in the level of the Services Fee under Clause 22.5.3 shall have immediate effect.

MANAGING POOR PERFORMANCE. 24.1 It is agreed that when issues relating to poor performance do arise, they will be addressed promptly and fairly, irrespective of the point in the performance period that has been reached. 24.2 AFSA will support the management of employees who are not performing to the required standard in accordance with the following principles: • applying natural justice principles and giving employees an opportunity to respond to concerns about their performance; • applying transparent processes to ensure procedural fairness; • maintaining open, honest and two way communication at all times; and • taking individual circumstances into account, including relevant health issues. 24.3 At any stage during the management of underperformance an employee or manager may choose to be accompanied and/or represented by a person of their choice. Where either person chooses to be accompanied in a meeting, they will ensure the other party is informed of this decision within a reasonable time prior to that meeting. 24.4 Further information is available in the AFSA Performance Management Framework.

MANAGING POOR PERFORMANCE. 37.1 Without prejudice to the Council’s other rights and remedies under this Agreement, if, at any time the Council acting reasonably determines that the Trust has materially failed to perform any of its obligations under this Agreement, the Council shall give written notice of such breach to the Trust. 37.2 Within ten (10) Business Days of the receipt of a notice given under Clause 37.1 above, the Trust shall prepare and submit to the Council for its approval an action plan to remedy the breaches specified in the notice (“Action Plan”). 37.3 An Action Plan shall specify a timetable for remedying each of the breaches complained of; 37.4 Within twenty (20) Business Days of its receipt of an Action Plan the Council may approve all or part of the plan. The Council shall notify the Trust of any part of the Action Plan which it does not approve. Within ten (10) Business Days of such notification, the Trust shall revise the Action Plan and re-submit to the Action Plan for approval by the Council. The Council shall approve the revised Action Plan within ten

MANAGING POOR PERFORMANCE. 6.1. Identification and management of poor performance will be assisted by ITSA’s Performance Feedback Scheme outlined in clause 3. It is agreed that when issues relating to poor performance do arise, they will be addressed promptly and fairly, irrespective of the point in the appraisal cycle that has been reached. 6.2. Where performance consistently falls below the expected standard, despite attempts to improve performance through feedback and other measures, an employee will be issued with a formal warning and advice of commencement of an assessment period. The advice will set out: • details of the required standards for the duties the employee has been assigned and how the employee has failed to meet those standards; • details of how the employee’s performance will be assessed; and • the possible consequences if the employee has not attained and sustained the required standards by the end of the assessment period. 6.3. A person nominated by the Chief Executive will then conduct a fair and impartial assessment of the employee's work performance over an agreed period of time (this should normally be not less than one month and not longer than 3 months). The employee will receive written advice of the duration of the assessment. 6.4. Taking into account any issues raised by the employee, or manager, the Chief Executive may also nominate a second person from outside the immediate work area to assist with the assessment. 6.5. The employee will be provided with feedback on his or her performance during the assessment period. 6.6. At the end of the assessment period, if the employee's work performance is assessed as meeting the required standard, the assessor will report this finding to the Chief Executive. If the Chief Executive agrees with the finding, the employee will be advised of this and no further action need be taken under these provisions. 6.7. If the employee is assessed as not having met the required standard, the assessor will report this finding to the Chief Executive. The Chief Executive will advise the employee of the finding and of the action that he or she proposes to take, which may include one or more of the following: • termination of employment; • reduction in classification; • reassignment of duties; or • some other appropriate action. 6.8. The employee will be given 14 days from the receipt of the advice to respond to the findings and the action proposed by the Chief Executive. 6.9. The Chief Executive, having taken into account the ass...

MANAGING POOR PERFORMANCE. If at any time, poor performance is identified, the supervisor and the employee are to work together through performance counselling, guidance and regular feedback to bring performance back to the standard expected. Where despite such efforts performance continues to fall below the standard expected a formal performance assessment process will commence. This will be managed under Defence’s managing poor performance procedures and includes the requirement to formally notify the employee in writing of the following:

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Consideration for Performance The consideration to be paid to the Contractor under this Agreement will be compensation for all the Contractor’s expenses incurred in the performance of this Agreement, unless otherwise expressly provided.
Time for Performance The term of this SOW Agreement shall begin on and end on _ (the “Initial Term”). The Initial Term may be extended as the parties may agree. The State may terminate this SOW for convenience upon thirty days prior written notice to the Contractor. If the Master Agreement should expire or otherwise terminate prior to the end of the term of this SOW Agreement, this SOW Agreement shall continue to the end of its existing term, unless or until terminated in accordance with the terms of this SOW Agreement, and the Parties acknowledge and agree that the terms of the Master Agreement shall survive and apply to this SOW Agreement.
Security for Performance In the event that Exhibit A Section 4 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney.
Responsibility for Performance Participation in state Centralized Contracts by Authorized Users is permitted upon the following conditions: (i) the responsibility with regard to performance of any contractual obligation, covenant, condition or term thereunder by any Authorized User other than State Agencies shall be borne and is expressly assumed by such Authorized User and not by the State; (ii) a breach of the Contract by any particular Authorized User shall neither constitute nor be deemed a breach of the Contract as a whole which shall remain in full force and effect, and shall not affect the validity of the Contract nor the obligations of the Contractor thereunder respecting non-breaching Authorized Users, whether State or otherwise; (iii) for a breach by an Authorized User other than a State Agency, the State specifically and expressly disclaims any and all liability for such breach; and (iv) each non-state agency Authorized User and Contractor guarantees to save the State, its officers, agents and employees harmless from any liability that may be or is imposed by their failure to perform in accordance with its obligations under the Contract.
Performance Management 17.1 The Contractor will appoint a suitable Account Manager to liaise with the Authority’s Strategic Contract Manager. Any/all changes to the terms and conditions of the Agreement will be agreed in writing between the Authority’s Strategic Contract Manager and the Contractor’s appointed representative. 17.2 The Contractor will ensure that there will be dedicated resources to enable the smooth running of the Framework Agreement and a clear plan of contacts at various levels within the Contractor's organisation. Framework Public Bodies may look to migrate to this Framework Agreement as and when their current contractual arrangements expire. The Contractor will where necessary assign additional personnel to this Framework Agreement to ensure agreed service levels are maintained and to ensure a consistent level of service is delivered to all Framework Public Bodies. 17.3 In addition to annual meetings with the Authority's Strategic Contract Manager, the Contractor is expected to develop relationships with nominated individuals within each of the Framework Public Bodies to ensure that the level of service provided on a local basis is satisfactory. Where specific problems are identified locally, the Contractor will attempt to resolve such problems with the nominated individual within that organisation. The Authority's Strategic Contract Manager will liaise (or meet as appropriate) regularly with the Framework Public Bodies' Contract Manager, and where common problems are identified, it will be the responsibility of the Contractor to liaise with the Authority's Strategic Contract Manager to agree a satisfactory course of action. Where the Contractor becomes aware of a trend that would have a negative effect on one or more of the Framework Public Bodies, they should immediately notify the Authority's Strategic Contract Manager to discuss corrective action. 17.4 Regular meetings, frequency to be advised by Framework Public Body, will be held between the Framework Public Bodies' Contract Manager and the Contractor's representative to review the performance of their Call-Off Contract(s) under this Framework Agreement against the agreed service levels as measured through Key Performance Indicators (KPIs). Reports will be provided by the Contractor to the Framework Public Bodies' Contract Manager at least 14 days prior to the these meetings. 17.5 Performance review meetings will also be held annually, between the Authority's Strategic Contract Manager and the Contractor's representative to review the performance of the Framework Agreement against the agreed service levels as measured through Key Performance Indicators. A summary of the quarterly reports will be provided by the Contractor at least 14 days prior to these meetings. 17.6 The Authority will gather the outputs from contract management to review under the areas detailed in the table below. Provision of management reports 90% to be submitted within 10 working days of the month end Report any incident affecting the delivery of the Service(s) to the Framework Public Body 100% to be reported in writing to FPB within 24 hours of the incident being reported by telephone/email Prompt payment of sub-contractors and/or consortia members (if applicable). Maximum of 30 from receipt of payment from Framework Public Bodies, 10 days target 100% within 30 days
PERFORMANCE MANAGEMENT SYSTEM 6.1 The Performance Plan (Annexure A) to this Agreement sets out – 6.1.1 The standards and procedures for evaluating the Employee’s performance; and 6.1.2 The intervals for the evaluation of the Employee’s performance. 6.2 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; 6.3 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; 6.4 The Employee’s performance will be measured in terms of contributions to the goals and strategies set out in the Employer’s Integrated Development Plan (IDP) as described in 6.6 – 6.12 below; 6.5 The Employee will submit quarterly performance reports (SDBIP) and a comprehensive annual performance report at least one week prior to the performance assessment meetings to the Evaluation Panel Chairperson for distribution to the panel members for preparation purposes; 6.6 Assessment of the achievement of results as outlined in the performance plan: 6.6.1 Each KPI or group of KPIs shall be assessed according to the extent to which the specified standards or performance targets have been met and with due regard to ad-hoc tasks that had to be performed under the KPI, and the score of the employer will be given to and explained to the Employee during the assessment interview. 6.6.2 A rating on the five-point scale shall be provided for each KPI or group of KPIs which will then be multiplied by the weighting to calculate the final score; 6.6.3 The Employee will submit his self-evaluation to the Employer prior to the formal assessment; 6.6.4 In the instance where the employee could not perform due to reasons outside the control of the employer and employee, the KPI will not be considered during the evaluation. The employee should provide sufficient evidence in such instances; and 6.6.5 An overall score will be calculated based on the total of the individual scores calculated above.
Monitoring of Contract Performance The Contractor shall comply with the monitoring arrangements set out in the Monitoring Requirements Schedule including, but not limited to, providing such data and information as the Contractor may be required to produce under the Contract.
Contract Performance C19.1 The Contractor shall ensure that: C19.1.1 the Goods conform in all respects with the Specification and, where applicable, with any sample or performance demonstration approved by the Authority; C19.1.2 the Goods operate in accordance with the relevant technical specifications and correspond with the requirements of the Specification and any particulars specified in the Contract; C19.1.3 the Goods conform in all respects with all applicable Laws; and C19.1.4 the Goods are free from defects in design, materials and workmanship and are fit and sufficient for all the purposes for which such Goods are ordinarily used and for any particular purpose made known to the Contractor by the Authority.
School Performance The School shall achieve an accountability designation of Good Standing or Honor on each of the three sections of the Performance Framework. In the event the School is a party to a third party management contract which includes a deficit protection clause, the School shall be exempt from some or all measures within the financial portion of the Performance Framework. In accordance with Charter School Law, the Authorizer shall renew any charter in which the public charter school met all of the terms of its performance certificate at the time of renewal.
Product Performance Contractor hereby warrants and represents that the Products acquired by the Authorized User under the terms and conditions of this Contract conform to the specifications, performance standards and documentation in the Authorized User Agreement., and the documentation fully describes the proper procedure for using the Products. Contractor further warrants and represents that if the Products acquired by the Authorized User pursuant to an Authorized User Agreement under this Contract include software application development, software application customization, software programming, software integration or similar items (“Software Deliverables”) then such Software Deliverables shall be free from defects in material and workmanship and conform with all requirements of the Contract and Authorized User Agreement for the warranty period of one (1) year from the date of acceptance of the completed project (“Project warranty period”). Contractor also warrants that the Products, in the form provided to the Authorized User, do not infringe any copyright, trademark, trade secret or other right of any third party.

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