Monitoring Notices Sample Clauses
The Monitoring Notices clause establishes the requirement for one party to inform the other about any monitoring activities related to the agreement. In practice, this means that if one party intends to monitor, audit, or review certain operations, data, or compliance measures, they must provide advance notice to the other party, often specifying the scope and timing of such monitoring. This clause ensures transparency and allows the notified party to prepare for or respond to monitoring activities, thereby preventing surprises and fostering cooperation.
Monitoring Notices. (a) Without prejudice to the Ministry’s rights under Section 44 and any other rights under this Project Agreement, if Project Co accrues Failure Points or more in respect of Quality Failures in any rolling 3 Payment Periods, the Ministry may, by notice (a “Monitoring Notice”) to Project Co require Project Co to increase the level of Project Co’s monitoring of its own performance of its obligations under this Project Agreement until such time as Project Co shall have demonstrated to the reasonable satisfaction of the Ministry that it is performing, and is capable of continuing to perform, its obligations under this Project Agreement in respect of the relevant OM&R Work.
(b) The Ministry may give a Warning Notice pursuant to Section 30.3 despite the issuance of a Monitoring Notice in respect of the same matter where a further breach occurs or the original breach has not been remedied within a reasonable period, and whether or not the previous Monitoring Notice remains in effect.
(c) If a Monitoring Notice is given, then:
(i) such Monitoring Notice shall specify in reasonable detail the additional measures to be taken by Project Co in monitoring its own performance;
(ii) if Project Co, acting reasonably, objects to any of the specified measures on the grounds that they are excessive or that the Ministry was not entitled to give the Monitoring Notice, Project Co shall, within 7 Business Days of the receipt of the Monitoring Notice, notify the Ministry in writing of the matters objected to and any changes necessary in order to prevent prejudice to Project Co’s performance of its obligations under this Project Agreement;
(iii) if Project Co gives the Ministry a notice under Section 30.4(c)(ii), the measures to be taken by Project Co shall be agreed between the Parties or, in the absence of agreement within 10 Business Days of the Ministry’s receipt of such notice, may be referred for resolution in accordance with Schedule 22 - Dispute Resolution Procedure;
(iv) if Project Co fails to increase Project Co’s monitoring as provided herein, the Ministry may perform such monitoring save where Project Co, acting in good faith, is pursuing a Dispute pursuant to Section 30.4(c)(iii);
(v) if it is determined in accordance with Schedule 22 - Dispute Resolution Procedure that the Ministry was entitled to give the applicable Monitoring Notice, Project Co shall bear its own costs and reimburse the Ministry for any reasonable costs and expenses incurred by or on behalf of the ...
Monitoring Notices. 126 32. CITY’S REMEDIAL RIGHTS....................................................................................... 127 32.1 Exercise of Remedial Rights ....................................................................................... 127 32.2 Emergency .................................................................................................................. 129 32.3 Rectification ................................................................................................................ 129 32.4 Costs and Expenses ..................................................................................................... 130 32.5 Reimbursement Events ............................................................................................... 130 32.6 Reimbursement if Improper Exercise of Rights ......................................................... 131 33. ALLOCATION OF RESPONSIBILITY ........................................................................ 132 33.1 Responsibility among Contractors .............................................................................. 132 33.2 [Intentionally Deleted] ................................................................................................ 133 34. PAYMENT ..................................................................................................................... 133 34.1 Milestone and Revenue Service Availability Payments ............................................. 133
Monitoring Notices. (a) Without prejudice to NHS's rights under Section 44 and any other rights under this Project Agreement, if Project Co accrues more than:
(i) 240 Failure Points in respect of General Management Services;
(ii) 38,615 Failure Points in respect of Plant Services;
(iii) 80 Failure Points in respect of Environmental and Sustainability Services;
(iv) 154 Failure Points in respect of Grounds Maintenance and Landscaping Services; (v) 80 Failure Points in respect of Retail and Revenue Space Management Services;