Common use of Non-Compliance and Remediation Clause in Contracts

Non-Compliance and Remediation. If the Commonwealth considers or becomes aware that the Consultant has not or may not have complied with: the requirements of clause 10.1; or the payment requirements of a PT PCP Subcontract, the Commonwealth may direct the Consultant to provide to the Commonwealth either or both of the following within the timeframes specified by the Commonwealth: information to enable the Commonwealth to review the Consultant's compliance; or a properly completed PT PCP Remediation Plan. The Consultant must complete all of the steps and activities contained in the PT PCP Remediation Plan provided under subparagraph (iv). If the Commonwealth considers that the Consultant has failed to comply with any of its obligations under this clause 10., without limiting the Commonwealth's rights and remedies at law or otherwise under the Contract, the Commonwealth may do either or both of the following: take the failure or non-compliance into account as part of the Commonwealth's monitoring of the Consultant's performance under the Contract; or report the non-compliance (and provide a copy of the completed PT PCP Remediation Plan) to the PT PCP Policy Team. The Consultant agrees that if it is the subject of a complaint in relation to its compliance with clause 10.1 or the associated payment requirements of a PT PCP Subcontract: it will not take any prejudicial action against the PT PCP Subcontractor due to the complaint or any investigation or inquiry in relation to the complaint; and it will cooperate in good faith with the Commonwealth in connection with any investigation or inquiry and any attempt to resolve the complaint.

Non-Compliance and Remediation. If the Commonwealth Principal considers or becomes aware that the Consultant has not or may not have complied with: the requirements of clause 10.118.1; or the payment requirements of a PT PCP Subcontract, the Commonwealth Principal may direct the Consultant to provide to the Commonwealth Principal either or both of the following within the timeframes specified by the CommonwealthPrincipal: information to enable the Commonwealth Principal to review the Consultant's compliance; or a properly completed PT PCP Remediation Plan. The Consultant must complete all of the steps and activities contained in the PT PCP Remediation Plan provided under subparagraph paragraph (iva)(iv). If the Commonwealth Principal considers that the Consultant has failed to comply with any of its obligations under this clause 10.18, without limiting the CommonwealthPrincipal's rights and remedies at law or otherwise under the Contract, the Commonwealth Principal may do either or both of the following: take the failure or non-compliance into account as part of the CommonwealthPrincipal's monitoring of the Consultant's performance under the Contract; or report the non-compliance (and provide a copy of the completed PT PCP Remediation Plan) to the PT PCP Policy Team. The Consultant agrees that if it is the subject of a complaint in relation to its compliance with clause 10.1 18.1 or the associated payment requirements of a PT PCP Subcontract: it will not take any prejudicial action against the PT PCP Subcontractor due to the complaint or any investigation or inquiry in relation to the complaint; and it will cooperate in good faith with the Commonwealth Principal in connection with any investigation or inquiry and any attempt to resolve the complaint.

Non-Compliance and Remediation. If the Commonwealth considers or becomes aware that the Consultant has not or may not have complied with: the requirements of clause 10.111.1; or the payment requirements of a PT PCP Subcontract, the Commonwealth may direct the Consultant to provide to the Commonwealth either or both of the following within the timeframes specified by the Commonwealth: information to enable the Commonwealth to review the Consultant's compliance; or a properly completed PT PCP Remediation Plan. The Consultant must complete all of the steps and activities contained in the PT PCP Remediation Plan provided under subparagraph (iv). If the Commonwealth considers that the Consultant has failed to comply with any of its obligations under this clause 1011., without limiting the Commonwealth's rights and remedies at law or otherwise under the Contract, the Commonwealth may do either or both of the following: take the failure or non-compliance into account as part of the Commonwealth's monitoring of the Consultant's performance under the Contract; or report the non-compliance (and provide a copy of the completed PT PCP Remediation Plan) to the PT PCP Policy Team. The Consultant agrees that if it is the subject of a complaint in relation to its compliance with clause 10.1 11.1 or the associated payment requirements of a PT PCP Subcontract: it will not take any prejudicial action against the PT PCP Subcontractor due to the complaint or any investigation or inquiry in relation to the complaint; and it will cooperate in good faith with the Commonwealth in connection with any investigation or inquiry and any attempt to resolve the complaint.

Non-Compliance and Remediation. If the Commonwealth considers or becomes aware that the Consultant has not or may not have complied with: the requirements of clause 10.123.1; or the payment requirements of a PT PCP Subcontract, the Commonwealth may direct the Consultant to provide to the Commonwealth either or both of the following within the timeframes specified by the Commonwealth: information to enable the Commonwealth to review the Consultant's compliance; or a properly completed PT PCP Remediation Plan. The Consultant must complete all of the steps and activities contained in the PT PCP Remediation Plan provided under subparagraph (iva)(iv). If the Commonwealth considers that the Consultant has failed to comply with any of its obligations under this clause 10.23, without limiting the Commonwealth's rights and remedies at law or otherwise under the Contract, the Commonwealth may do either or both of the following: take the failure or non-compliance into account as part of the Commonwealth's monitoring of the Consultant's performance under the Contract; or report the non-compliance (and provide a copy of the completed PT PCP Remediation Plan) to the PT PCP Policy Team. The Consultant agrees that if it is the subject of a complaint in relation to its compliance with clause 10.1 23.1 or the associated payment requirements of a PT PCP Subcontract: it will not take any prejudicial action against the PT PCP Subcontractor due to the complaint or any investigation or inquiry in relation to the complaint; and it will cooperate in good faith with the Commonwealth in connection with any investigation or inquiry and any attempt to resolve the complaint.

Non-Compliance and Remediation. If the Commonwealth considers or becomes aware that the Consultant has not or may not have complied with: the requirements of clause 10.113.1; or the payment requirements of a PT PCP Subcontract, the Commonwealth may direct the Consultant to provide to the Commonwealth either or both of the following within the timeframes specified by the Commonwealth: information to enable the Commonwealth to review the Consultant's compliance; or a properly completed PT PCP Remediation Plan. The Consultant must complete all of the steps and activities contained in the PT PCP Remediation Plan provided under subparagraph paragraph (iva)(iv). If the Commonwealth considers that the Consultant has failed to comply with any of its obligations under this clause 10.13, without limiting the Commonwealth's rights and remedies at law or otherwise under the Contract, the Commonwealth may do either or both of the following: take the failure or non-compliance into account as part of the Commonwealth's monitoring of the Consultant's performance under the Contract; or report the non-compliance (and provide a copy of the completed PT PCP Remediation Plan) to the PT PCP Policy Team. The Consultant agrees that if it is the subject of a complaint in relation to its compliance with clause 10.1 13.1 or the associated payment requirements of a PT PCP Subcontract: it will not take any prejudicial action against the PT PCP Subcontractor due to the complaint or any investigation or inquiry in relation to the complaint; and it will cooperate in good faith with the Commonwealth in connection with any investigation or inquiry and any attempt to resolve the complaint.