Common use of Performance Factors Clause in Contracts

Performance Factors. (a) A “Performance Factor” is any matter that could, or will, significantly affect a Party’s ability to fulfil its obligations under this Agreement. (b) Each Party will notify the other Party of the existence of a Performance Factor, as soon as reasonably possible after the Party becomes aware of the Performance Factor. The Notice will: (i) describe the Performance Factor and its actual or anticipated impact; (ii) include a description of any action the Party is undertaking, or plans to undertake, to remedy or mitigate the Performance Factor; (iii) indicate whether the Party is requesting a meeting to discuss the Performance Factor; and (iv) address any other issue or matter the Party wishes to raise with the other Party. (c) The recipient Party will provide a written acknowledgment of receipt of the Notice within seven Days of the date on which the Notice was received (“Date of the Notice”). (d) Where a meeting has been requested under 7.2(b) (iii), the Parties agree to meet and discuss the Performance Factors within fourteen Days of the Date of the Notice, in accordance with the provisions of subsection 7.3.

Appears in 12 contracts

Samples: Service Accountability Agreement, Service Accountability Agreement, Service Accountability Agreement

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Performance Factors. (a) A “Performance Factor” is any matter that could, or will, significantly affect a Party’s ability to fulfil its obligations under this Agreement. (b) Each Party will notify the other Party of the existence of a Performance Factor, as soon as reasonably possible after the Party becomes aware of the Performance Factor. The Notice will: (i) describe the Performance Factor and its actual or anticipated impact;impact;‌ (ii) include a description of any action the Party is undertaking, or plans to undertake, to remedy or mitigate the Performance Factor; (iii) indicate whether the Party is requesting a meeting to discuss the Performance Factor; and (iv) address any other issue or matter the Party wishes to raise with the other Party. (c) The recipient Party will provide a written acknowledgment of receipt of the Notice within seven Days of the date on which the Notice was received (“Date of the Notice”). (d) Where a meeting has been requested under 7.2(b) (iii), the Parties agree to meet and discuss the Performance Factors within fourteen Days of the Date of the Notice, in accordance with the provisions of subsection 7.3.

Appears in 4 contracts

Samples: Service Accountability Agreement, Service Accountability Agreement, Service Accountability Agreement

Performance Factors. (a) A “Performance Factor” is any matter that could, or will, significantly affect a Party’s ability to fulfil its obligations under this Agreement.; (b) Each Party will notify the other Party of the existence of a Performance Factor, as soon as reasonably possible after the Party becomes aware of the Performance Factor. The Notice will: (i) describe the Performance Factor and its actual or anticipated impact; (ii) include a description of any action the Party is undertaking, or plans to undertake, to remedy or mitigate the Performance Factor; (iii) indicate whether the Party is requesting a meeting to discuss the Performance Factor; and (iv) address any other issue or matter the Party wishes to raise with the other Party. (c) The recipient Party will provide a written acknowledgment of receipt of the Notice within seven Days of the date on which the Notice was received (“Date of the Notice”). (d) Where a meeting has been requested under 7.2(b) (iii), the Parties agree to meet and discuss the Performance Factors within fourteen Days of the Date of the Notice, in accordance with the provisions of subsection 7.3.

Appears in 3 contracts

Samples: Long Term Care Home Service Accountability Agreement, Service Accountability Agreement, Long Term Care Home Service Accountability Agreement

Performance Factors. (a) A “Performance Factor” is any matter that could, or will, significantly affect a Partyparty’s ability to fulfil its obligations under this Agreement. (b) Each Party party will notify the other Party party of the existence of a Performance Factor, as soon as reasonably possible after the Party becomes aware of the Performance Factorpossible. The Notice notice will: (i) describe the Performance Factor and its actual or anticipated impact; (ii) include a description of any action the Party party is undertaking, or plans to undertake, to remedy or mitigate the Performance Factor; (iii) indicate whether the Party party is requesting a meeting to discuss the Performance Factor; and (iv) address any other issue or matter the Party party wishes to raise with the other Partyparty. (c) The recipient Party party will provide a written acknowledgment of receipt of the Notice notice within seven Days of the date on which the Notice notice was received (“Date of the Notice”). (d) Where a meeting has been requested under 7.2(b) (iii), the Parties parties agree to meet and discuss the Performance Factors within fourteen Days of the Date of the Notice, in accordance with the provisions of subsection 7.3.

Appears in 2 contracts

Samples: Service Accountability Agreement, Service Accountability Agreement

Performance Factors. (a) A “Performance Factor” is any matter that could, or will, significantly affect a Party’s ability to fulfil its obligations under this Agreement. (b) Each Party will notify the other Party of the existence of a Performance Factor, as soon as reasonably possible after the Party becomes aware of the Performance Factor. The Notice will: (i) describe the Performance Factor and its actual or anticipated impact; (ii) include a description of any action the Party is undertaking, or plans to undertake, to remedy or mitigate the Performance Factor; (iii) indicate whether the Party is requesting a meeting to discuss the Performance Factor; andand‌ (iv) address any other issue or matter the Party wishes to raise with the other Party. (c) The recipient Party will provide a written acknowledgment of receipt of the Notice within seven Days of the date on which the Notice was received (“Date of the Notice”). (d) Where a meeting has been requested under 7.2(b) (iii), the Parties agree to meet and discuss the Performance Factors within fourteen Days of the Date of the Notice, in accordance with the provisions of subsection 7.3.

Appears in 2 contracts

Samples: Service Accountability Agreement, Service Accountability Agreement

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Performance Factors. (a) A “Performance Factor” is any matter that could, or will, significantly affect a Partyparty’s ability to fulfil its obligations under this Agreement.; (b) Each Party party will notify the other Party party of the existence of a Performance Factor, as soon as reasonably possible after the Party becomes aware of the Performance Factorpossible. The Notice notice will: (i) describe the Performance Factor and its actual or anticipated impact; (ii) include a description of any action the Party party is undertaking, or plans to undertake, to remedy or mitigate the Performance Factor; (iii) indicate whether the Party party is requesting a meeting to discuss the Performance Factor; and (iv) address any other issue or matter the Party party wishes to raise with the other Partyparty. (c) The recipient Party party will provide a written acknowledgment of receipt of the Notice notice within seven Days of the date on which the Notice notice was received (“Date of the Notice”). (d) Where a meeting has been requested under 7.2(b) (iii), the Parties parties agree to meet and discuss the Performance Factors within fourteen Days of the Date of the Notice, in accordance with the provisions of subsection 7.3.

Appears in 1 contract

Samples: Service Accountability Agreement

Performance Factors. (a) A "Performance Factor" is any matter that could, or will, significantly affect a Party’s 's ability to fulfil its obligations under this Agreement. (b) Each Party will notify the other Party of the existence of a Performance Factor, as soon as reasonably possible after the Party becomes aware of the Performance Factor. The Notice will: (i) describe the Performance Factor and its actual or anticipated impact; (ii) include a description of any action the Party is undertaking, or plans to undertake, to remedy or mitigate the Performance Factor; (iii) indicate whether the Party is requesting a meeting to discuss the Performance Factor; and (iv) address any other issue or matter the Party wishes to raise with the other Party. (c) The recipient Party will provide a written acknowledgment of receipt of the Notice within seven Days of the date on which the Notice was received ("Date of the Notice"). (d) Where a meeting has been requested under 7.2(b) (iii), the Parties agree to meet and discuss the Performance Factors within fourteen Days of the Date of the Notice, in accordance with the provisions prOVisions of subsection 7.3.

Appears in 1 contract

Samples: Service Accountability Agreement

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