Common use of NO GUARANTEE OF WORK Clause in Contracts

NO GUARANTEE OF WORK. The Commonwealth does not guarantee a volume of work to the Consultant under this Panel Agreement. The level of work awarded to the Consultant will depend substantially upon (among other matters): its general performance at a Panel level and Engagement level as assessed by the Commonwealth; how pro-active it is in building relationships and displaying an understanding of the Commonwealth's business and its support and service needs; its demonstrated expertise and experience in the type of services required by the Commonwealth; and how it responds to the evaluation criteria for each request for proposal. Where under this Panel Agreement the Commonwealth (or the Commonwealth's Panel Manager) has a right, power, discretion or other function (including to accept, agree, approve, comment to or reject any matter), the Commonwealth (or other person on its behalf) will be entitled to exercise that right, power, discretion or other function in its absolute discretion, unless the content otherwise expressly provides. Unsatisfactory Performance The Consultant acknowledges that, if its performance under the Panel or any Engagement is assessed as unsatisfactory in any respect, the Commonwealth may elect to (in its absolute discretion): require the Consultant's Panel Manager to meet with the Commonwealth's Panel Manager at a time and location notified by the Commonwealth's Panel Manager in writing to discuss the Consultant's unsatisfactory performance (and any steps that the Consultant is taking or proposes to take to address its unsatisfactory performance); or discontinue to seek proposals from the Consultant for future work. If the Commonwealth elects, under paragraph (b), to discontinue to seek proposals from the Consultant: the Commonwealth will give the Consultant written notice of this decision, together with reasons; and the Commonwealth may, in the notice under subparagraph (i), state the matters which the Consultant must address (to the satisfaction of the Commonwealth) before the Commonwealth will reconsider its decision. Matters Affecting the Consultant Without limiting clauses 3.3 and 3.4 and 16, the Consultant must immediately, at any time during the Term, notify the Commonwealth of: any material changes to its legal name, size, structure, financial viability, financial standing or of any other fact, matter or thing which could: adversely affect its ability to perform its obligations under this Panel Agreement; give rise to any actual or perceived conflict of interest under clause 6 (whether under the Panel Agreement or in respect of a specific Engagement); or require any changes to or otherwise affect the arrangements under this Panel Agreement; and where it submits a notice under subparagraph (i): all steps necessary being taken to address the matters set out in subparagraph (i) (including the details of any proposed novation of any Engagement); and all other information required by the Commonwealth. If the Commonwealth considers the effect of any notification received in accordance with paragraph (a): will adversely affect the Consultant's ability to perform its obligations under this Panel Agreement; or may give rise to an actual or perceived conflict of interest under clause 6 (whether under the Panel Agreement or in respect of a specific Engagement), it may elect to discontinue to seek proposals from the Consultant for future work. If the Commonwealth elects to discontinue to seek proposals from the Consultant: the Commonwealth will give the Consultant written notice of this decision, together with reasons; and the Commonwealth may, in the notice under subparagraph (i), state the matters which the Consultant must address (to the satisfaction of the Commonwealth) before the Commonwealth will reconsider its decision.

NO GUARANTEE OF WORK. The Commonwealth does not guarantee a volume of work to the Consultant under this Panel Agreement. The level of work awarded to the Consultant will depend substantially upon (among other matters): its general performance at a Panel level and Engagement level as assessed by the Commonwealth; how pro-active it is in building relationships and displaying an understanding of the Commonwealth's business and its support and service needs; its demonstrated expertise and experience in the type of services required by the Commonwealth; and how it responds to the evaluation criteria for each request for proposal. Where under this Panel Agreement the Commonwealth (or the Commonwealth's Panel Manager) has a right, power, discretion or other function (including to accept, agree, approve, comment to on or reject any matter), the Commonwealth (or other person on its behalf) will be entitled to exercise that right, power, discretion or other function in its absolute discretion, unless the content otherwise expressly provides. Unsatisfactory Performance The Consultant acknowledges that, if its performance under the Panel or any Engagement is assessed as unsatisfactory in any respect, the Commonwealth may elect to (in its absolute discretion): require the Consultant's Panel Manager to meet with the Commonwealth's Panel Manager at a time and location notified by the Commonwealth's Panel Manager in writing to discuss the Consultant's unsatisfactory performance (and any steps that the Consultant is taking or proposes to take to address its unsatisfactory performance); or suspend or discontinue to seek seeking proposals from the Consultant for future work. If the Commonwealth elects, under paragraph (ba), to suspend or discontinue to seek proposals from the Consultant: the Commonwealth will give the Consultant written notice of this decision, together with reasons; and the Commonwealth may, in the notice under subparagraph (i), state the matters which the Consultant must address (to the satisfaction of the Commonwealth) before the Commonwealth will reconsider its decision. Matters Affecting the Consultant Without limiting clauses 3.3 and 3.4 and 16, the Consultant must immediately, at any time during the Term, notify the Commonwealth of: any material changes to its legal name, size, structure, financial viability, financial standing or of any other fact, matter or thing which could: adversely affect its ability to perform its obligations under this Panel Agreement; give rise to any actual or perceived conflict of interest under clause 6 (whether under the Panel Agreement or in respect of a specific Engagement); or require any changes to or otherwise affect the arrangements under this Panel Agreement; and where it submits a notice under subparagraph (i): all steps necessary being taken to address the matters set out in subparagraph (i) (including the details of any proposed novation of any Engagement); and all other information required by the Commonwealth. If the Commonwealth considers the effect of any notification received in accordance with paragraph (a): will adversely affect the Consultant's ability to perform its obligations under this Panel Agreement; or may give rise to an actual or perceived conflict of interest under clause 6 (whether under the Panel Agreement or in respect of a specific Engagement), it may elect to discontinue to seek proposals from the Consultant for future work. If the Commonwealth elects to discontinue to seek seeking proposals from the Consultant: the Commonwealth will give the Consultant written notice of this decision, together with reasons; and the Commonwealth may, in the notice under subparagraph (i), state the matters which the Consultant must address (to the satisfaction of the Commonwealth) before the Commonwealth will reconsider its decision.

NO GUARANTEE OF WORK. The Commonwealth does not guarantee a volume of work to the Consultant under this Panel Agreement. The level of work awarded to the Consultant will depend substantially upon (among other matters): its general performance at a Panel level and Engagement level as assessed by the Commonwealth; how pro-active it is in building relationships and displaying an understanding of the Commonwealth's business and its support and service needs; its demonstrated expertise and experience in the type of services required by the Commonwealth; and how it responds to the evaluation criteria for each request for proposal. Where under this Panel Agreement the Commonwealth (or the Commonwealth's Panel Manager) has a right, power, discretion or other function (including to accept, agree, approve, comment to or reject any matter), the Commonwealth (or other person on its behalf) will be entitled to exercise that right, power, discretion or other function in its absolute discretion, unless the content otherwise expressly provides. Unsatisfactory Performance The Consultant acknowledges that, if its performance under the Panel or any Engagement is assessed as unsatisfactory in any respect, the Commonwealth may elect to (in its absolute discretion): require the Consultant's Panel Manager to meet with the Commonwealth's Panel Manager at a time and location notified by the Commonwealth's Panel Manager in writing to discuss the Consultant's unsatisfactory performance (and any steps that the Consultant is taking or proposes to take to address its unsatisfactory performance); or discontinue to seek proposals from the Consultant for future work. If the Commonwealth elects, under paragraph (b), to discontinue to seek proposals from the Consultant: the Commonwealth will give the Consultant written notice of this decision, together with reasons; and the Commonwealth may, in the notice under subparagraph (i), state the matters which the Consultant must address (to the satisfaction of the Commonwealth) before the Commonwealth will reconsider its decision. Matters Affecting the Consultant Without limiting clauses 3.3 and 3.4 and 16, the Consultant must immediately, at any time during the Term, notify the Commonwealth of: any material changes to its legal name, size, structure, financial viability, financial standing or of any other fact, matter or thing which could: adversely affect its ability to perform its obligations under this Panel Agreement; give rise to any actual or perceived conflict of interest under clause 6 (whether under the Panel Agreement or in respect of a specific Engagement); or require any changes to or otherwise affect the arrangements under this Panel Agreement; and where it submits a notice under subparagraph (i): all steps necessary being taken to address the matters set out in subparagraph (i) (including the details of any proposed novation of any Engagement); and all other information required by the Commonwealth. If the Commonwealth considers the effect of any notification received in accordance with paragraph (a): will adversely affect the Consultant's ability to perform its obligations under this Panel Agreement; or may give rise to an actual or perceived conflict of interest under clause 6 (whether under the Panel Agreement or in respect of a specific Engagement), it may elect to discontinue to seek proposals from the Consultant for future work. If the Commonwealth elects to discontinue to seek proposals from the Consultant: the Commonwealth will give the Consultant written notice of this decision, together with reasons; and the Commonwealth may, in the notice under subparagraph (i), state the matters which the Consultant must address (to the satisfaction of the Commonwealth) before the Commonwealth will reconsider its decision.

NO GUARANTEE OF WORK. The Commonwealth does not guarantee a volume of work to the Consultant under this Panel Agreement. The level of work awarded to the Consultant will depend substantially upon (among other matters): its general performance at a Panel level and Engagement level performance, including as assessed by in accordance with the CommonwealthPerformance Management and Reporting System; how pro-active it is in building relationships and displaying an understanding of the Commonwealth's business and its support and service needs; its demonstrated expertise and experience in the type of services required by the Commonwealth; and how it responds to the evaluation criteria for each request for proposal. Where under this Panel Agreement the Commonwealth (or the Commonwealth's Panel ManagerRepresentative) has a right, power, discretion or other function (including to accept, agree, approve, comment to or reject any matter), the Commonwealth (or other person on its behalf) will be entitled to exercise that right, power, discretion or other function in its absolute discretion, unless the content otherwise expressly provides. Unsatisfactory Performance The Consultant acknowledges that, if its performance under the Panel or any Engagement is assessed as unsatisfactory in any respectrespect in accordance with the Performance Management and Reporting System set out in Section 3, the Commonwealth may elect to (in its absolute discretion): require the Consultant's Panel Manager to meet with the Commonwealth's Panel Manager at a time and location notified by the Commonwealth's Panel Manager in writing to discuss the Consultant's unsatisfactory performance (and any steps that the Consultant is taking or proposes to take to address its unsatisfactory performance); or discontinue to seek proposals from the Consultant for future work. If the Commonwealth elects, under paragraph (ba), to discontinue to seek proposals from the Consultant: the Commonwealth will give the Consultant written notice of this decision, together with reasons; and the Commonwealth may, in the notice under subparagraph (i), state the matters which the Consultant must address (to the satisfaction of the Commonwealth) before the Commonwealth will reconsider its decision. Matters Affecting the Consultant Without limiting clauses 3.3 and 3.4 and 16, the Consultant must immediately, at any time during the Term, notify the Commonwealth of: any material changes to its legal name, size, structure, financial viability, financial standing or of any other fact, matter or thing which could: adversely affect its ability to perform its obligations under this Panel Agreement; give rise to any actual or perceived conflict of interest under clause 6 (whether under the Panel Agreement or in respect of a specific Engagement); or require any changes to or otherwise affect the arrangements under this Panel Agreement; and where it submits a notice under subparagraph (i): all steps necessary being taken to address the matters set out in subparagraph (i) (including the details of any proposed novation of any Engagement); and all other information required by the Commonwealth. If the Commonwealth considers the effect of any notification received in accordance with paragraph (a): will adversely affect the Consultant's ability to perform its obligations under this Panel Agreement; or may give rise to an actual or perceived conflict of interest under clause 6 (whether under the Panel Agreement or in respect of a specific Engagement), it may elect to discontinue to seek proposals from the Consultant for future work. If the Commonwealth elects to discontinue to seek proposals from the Consultant: the Commonwealth will give the Consultant written notice of this decision, together with reasons; and the Commonwealth may, in the notice under subparagraph (i), state the matters which the Consultant must address (to the satisfaction of the Commonwealth) before the Commonwealth will reconsider its decision.

NO GUARANTEE OF WORK. The Commonwealth does not guarantee a volume of work to the Consultant under this Panel Agreement. The level of work awarded to the Consultant will depend substantially upon (among other matters): its general performance at a Panel level and Engagement level as assessed by the Commonwealth; how pro-active it is in building relationships and displaying an understanding of the Commonwealth's business and its support and service needs; its demonstrated expertise and experience in the type of services required by the Commonwealth; and how it responds to the evaluation criteria for each request for proposal. Where under this Panel Agreement the Commonwealth (or the Commonwealth's Panel Manager) has a right, power, discretion or other function (including to accept, agree, approve, comment to or reject any matter), the Commonwealth (or other person on its behalf) will be entitled to exercise that right, power, discretion or other function in its absolute discretion, unless the content otherwise expressly provides. Unsatisfactory Performance The Consultant acknowledges that, if its performance under the Panel or any Engagement is assessed as unsatisfactory in any respect, the Commonwealth may elect to (in its absolute discretion): require the Consultant's Panel Manager to meet with the Commonwealth's Panel Manager at a time and location notified by the Commonwealth's Panel Manager in writing to discuss the Consultant's unsatisfactory performance (and any steps that the Consultant is taking or proposes to take to address its unsatisfactory performance); or discontinue to seek proposals from the Consultant for future work. If the Commonwealth elects, under paragraph (b), to discontinue to seek proposals from the Consultant: the Commonwealth will give the Consultant written notice of this decision, together with reasons; and the Commonwealth may, in the notice under subparagraph (i), state the matters which the Consultant must address (to the satisfaction of the Commonwealth) before the Commonwealth will reconsider its decision. Matters Affecting the Consultant Without limiting clauses 3.3 and 3.4 and 16., the Consultant must immediately, at any time during the Term, notify the Commonwealth of: any material changes to its legal name, size, structure, financial viability, financial standing or of any other fact, matter or thing which could: adversely affect its ability to perform its obligations under this Panel Agreement; give rise to any actual or perceived conflict of interest under clause 6 6. (whether under the Panel Agreement or in respect of a specific Engagement); or require any changes to or otherwise affect the arrangements under this Panel Agreement; and where it submits a notice under subparagraph (i): all steps necessary being taken to address the matters set out in subparagraph (i) (including the details of any proposed novation of any Engagement); and all other information required by the Commonwealth. If the Commonwealth considers the effect of any notification received in accordance with paragraph (a): will adversely affect the Consultant's ability to perform its obligations under this Panel Agreement; or may give rise to an actual or perceived conflict of interest under clause 6 6. (whether under the Panel Agreement or in respect of a specific Engagement), it may elect to discontinue to seek proposals from the Consultant for future work. If the Commonwealth elects to discontinue to seek proposals from the Consultant: the Commonwealth will give the Consultant written notice of this decision, together with reasons; and the Commonwealth may, in the notice under subparagraph (i), state the matters which the Consultant must address (to the satisfaction of the Commonwealth) before the Commonwealth will reconsider its decision.