Common use of Notice of Failure Clause in Contracts

Notice of Failure. (1) If Te Whatu Xxx has reasonable grounds to believe that the Provider has not met any material obligation under this Agreement, Te Whatu Ora will give the Provider written notice setting out the details of the obligation that Te Whatu Ora –believes has not been met; and (a) if the failure can be remedied, give the Provider 30 days to meet the obligation and to demonstrate to Te Whatu Xxx's reasonable satisfaction that the obligation has been met; or (b) if the failure cannot be remedied, terminate this Agreement on the expiry of a period of 30 days, or a shorter period as Te Whatu Ora considers reasonable in the interests of the health and safety of Service Users. (2) Despite anything else in this Agreement, if Te Whatu Ora –has reasonable grounds to believe that the health or safety of any Service User is at risk, Te Whatu Ora may suspend the Provider's right and obligation to provide the relevant Services while Te Whatu Ora investigates the issue. (3) Te Whatu Ora will notify the Provider of such suspension in the notice given under subclause (1). (4) If Te Whatu Xxx is satisfied on reasonable grounds that the Provider is willing and able to perform the material obligations referred to in subclause (1) and that the health or safety of any Service User is no longer at risk, Te Whatu Ora will give the Provider written notice that the Provider must resume performance of such obligations.