Common use of Performance Issues Clause in Contracts

Performance Issues. There’s a process to help address performance issues before matters get out of hand. 18.1 Without limiting the Purchasing Agency's other rights, if at any time you breach the Subscription Agreement or you have notified the Purchasing Agency of a likely breach (a Performance Issue): (a) you will immediately take all reasonable steps to minimise or mitigate the Performance Issue and its impact on the Purchasing Agency; and (b) the Purchasing Agency may, by notice to you setting out its grounds (Performance Notice), require you to prepare a plan to remedy the Performance Issue (Remedial Plan) in accordance with clause 18.2. 18.2 As soon as possible after receipt of a Performance Notice (and in any event within five Business Days) you will, in consultation with relevant Purchasing Agency Personnel, prepare and provide to the Purchasing Agency a proposed Remedial Plan setting out: (a) details of the Performance Issue; (b) a plan setting out the steps you will take to eliminate, and mitigate the effect of, the Performance Issue and prevent the Performance Issue from recurring, as applicable; and (c) success criteria to determine whether the Performance Issue has been rectified. 18.3 You will promptly and, in any event, within two Business Days of a request by the Purchasing Agency, make such amendments to the proposed Remedial Plan as the Purchasing Agency may reasonably require, provided you receive the Purchasing Agency's reasonably required amendments within 10 Business Days of the Purchasing Agency's receipt of the proposed Remedial Plan from you. 18.4 Any dispute as to the contents of the Remedial Plan will be resolved in accordance with clause 19. 18.5 Once the Purchasing Agency has approved the Remedial Plan in writing it will be effective for the purposes of the Subscription Agreement and you will implement it in accordance with its terms and the Subscription Agreement. If a dispute arises, the parties need to try to resolve it sensibly, and if necessary through mediation, before approaching the courts.

Performance Issues. There’s a process to help address performance issues before matters get out of hand. 18.1 26.1 Without limiting the Purchasing Agency's other rights, if at any time you breach the Subscription Agreement or you have notified the Purchasing Agency of a likely breach (a Performance Issue): (a) you will immediately take all reasonable steps to minimise or mitigate the Performance Issue and its impact on the Purchasing Agency; and (b) the Purchasing Agency may, by notice to you setting out its grounds (Performance Notice), require you to prepare a plan to remedy the Performance Issue (Remedial Plan) in accordance with clause 18.226.2. 18.2 26.2 As soon as possible after receipt of a Performance Notice (and in any event within five Business Days) you will, in consultation with relevant Purchasing Agency Personnel, prepare and provide to the Purchasing Agency a proposed Remedial Plan setting out: (a) details of the Performance Issue; (b) a plan setting out the steps you will take to eliminate, and mitigate the effect of, the Performance Issue and prevent the Performance Issue from recurring, as applicable; and (c) success criteria to determine whether the Performance Issue has been rectified. 18.3 26.3 You will promptly and, in any event, within two Business Days of a request by the Purchasing Agency, make such amendments to the proposed Remedial Plan as the Purchasing Agency may reasonably require, provided you receive the Purchasing Agency's reasonably required amendments within 10 Business Days of the Purchasing Agency's receipt of the proposed Remedial Plan from you. 18.4 26.4 Any dispute as to the contents of the Remedial Plan will be resolved in accordance with clause 1927. 18.5 26.5 Once the Purchasing Agency has approved the Remedial Plan in writing it will be effective for the purposes of the Subscription Agreement and you will implement it in accordance with its terms and the Subscription Agreement. If a dispute arises, the parties need to try to resolve it sensibly, and if necessary through mediation, before approaching the courts.

Performance Issues. There’s a process to help address performance issues before matters get out of hand. 18.1 Without limiting the Purchasing Agency's other rights, if at any time you breach the Subscription Agreement or you have notified the Purchasing Agency of a likely breach (a Performance Issue): (a) you will immediately take all reasonable steps to minimise or mitigate the Performance Issue and its impact on the Purchasing Agency; ` and (b) the Purchasing Agency may, by notice to you setting out its grounds (Performance Notice), require you to prepare a plan to remedy the Performance Issue (Remedial Plan) in accordance with clause 18.2. 18.2 As soon as possible after receipt of a Performance Notice (and in any event within five Business Days) you will, in consultation with relevant Purchasing Agency Personnel, prepare and provide to the Purchasing Agency a proposed Remedial Plan setting out: (a) details of the Performance Issue;` (b) a plan setting out the steps you will take to eliminate, and mitigate the effect of, the Performance Issue and prevent the Performance Issue from recurring, as applicable; ` and (c) success criteria to determine whether the Performance Issue has been rectified. 18.3 You will promptly and, in any event, within two Business Days of a request by the Purchasing Agency, make such amendments to the proposed Remedial Plan as the Purchasing Agency may reasonably require, provided you receive the Purchasing Agency's reasonably required amendments within 10 Business Days of the Purchasing Agency's receipt of the proposed Remedial Plan from you. 18.4 Any dispute as to the contents of the Remedial Plan will be resolved in accordance with clause 19. 18.5 Once the Purchasing Agency has approved the Remedial Plan in writing it will be effective for the purposes of the Subscription Agreement and you will implement it in accordance with its terms and the Subscription Agreement. If a dispute arises, the parties need to try to resolve it sensibly, and if necessary through mediation, before approaching the courts.