Performance Notice. 6.1 The Council shall not remove or change any contractor(s) responsible for providing the Standard Services without first serving no less that 2 months’ written notice on the BID Company confirming:
(a) the removal or alteration of such contractor;
(b) the Standard Services which such contractor is responsible for providing; and
(c) the details of the new contractor appointed to provide the Standard Services PROVIDED THAT this requirement to give prior notice to the BID Company shall not apply in the event of a contract for the provision of any of the Standard Services terminating immediately on the grounds of fundamental breach of contract or insolvency on the part of the contractor
6.2 Upon receipt of a Performance Notice from the BID Company the Designated Officer shall inform the contractor or provider of the Standard Services of the lapse, carry out a review of the performance and the carrying out of the Standard Services by the contractor or provider of the Standard Services and to use their reasonable endeavours to secure the improvement of the Standard Services. The Designated Officer in each case shall consult with the BID Company on the action plan arising from such review to secure such improvements, if possible, and keep the BID Company informed of the Council’s actions and progress in carrying out the action plan.
Performance Notice. Without limiting any right or remedy available to either Party, if at any time a Party (Non-Breaching Party) provides to the other Party (Breaching Party) reasonable evidence that the Breaching Party has committed a material breach of its obligations under this AES Agreement (other than in the case of Vector Metering, its obligations to achieve any KPI), which breach is capable of being remedied by the Breaching Party, (each such breach being a Performance Issue), then the Non-Breaching Party may give written notice to the Breaching Party specifying the Performance Issue (in each case, a Performance Notice).
Performance Notice. The Loan Documents are performable by Borrowers entirely in the county where Lender’s main office is located. Any notice required to be provided to Borrowers under this Agreement that is mailed postage prepaid to Borrowers c/o Adams Golf, Inc., 0000 X. Xxxxx Xxxxxxx, Xxxxx, Xxxxx 00000 or at the most recent changed address on file with Lender at least ten (10) days before the time of the event to which the notice relates shall be deemed reasonable unless any longer period is required by Law.
Performance Notice. 7.1 Not to remove or change any contractor(s) responsible for providing the Standard Services without first serving no less that 3 months’ written notice on the BID Company confirming:
(a) the removal or alteration of such contractor;
(b) the Standard Services which such contractor is responsible for providing; and
(c) the details of the new contractor appointed to provide the Standard Services
7.2 Upon receipt of a Performance Notice from the BID Company the designated officer shall inform the contractor or provider of the Standard Services of the lapse, carry out a review of the performance and the carrying out of the Standard Services by the contractor or provider of the Standard Services and to use their best endeavours to secure the improvement of the Standard Services. The Designated Officer in each case shall consult with the BID Company on the action plan arising from such review to secure such improvements, if possible, and keep the BID Company informed of the Council’s actions and progress in carrying out the action plan.
Performance Notice. 6.1 The Council agrees not to remove or change any contractor(s) responsible for providing the Standard Services without first serving no less than 3 months’ written notice on the BID Company confirming:
(a) the removal or alteration of such contractor;
(b) the Standard Services which such contractor is responsible for providing; and
(c) the details of the new contractor appointed to provide the Standard Services unless it is unreasonable to give such notice for example, without limitation, where the Council terminates a contract on short notice for material default or in the circumstances of the contractor’s insolvency.
6.2 Upon receipt of a Performance Notice from the BID Company the designated officer shall inform the contractor or provider of the Standard Services of the lapse, carry out a review of the performance and the carrying out of the Standard Services by the contractor or provider of the Standard Services and to use their reasonable endeavours to secure the improvement of the Standard Services. The Designated Officer in each case shall consult with the BID Company on the action plan arising from such review to secure such improvements, if possible, and keep the BID Company informed of the Council’s actions and progress in carrying out the action plan.
Performance Notice. 6.1 Upon receipt of a Performance Notice from the BID Company the designated officer shall inform the contractor or provider of the Standard Services of the lapse, carry out a review of the performance and the carrying out of the Standard Services by the contractor or provider of the Standard Services and to use their best endeavours to secure the improvement of the Standard Services from such contractor or provider. The Designated Officer in each case shall consult with the BID Company on the action plan arising from such review to secure such improvements, if possible, and keep the BID Company informed of the Council’s actions and progress in carrying out the action plan.
Performance Notice. 19.1. Without limiting any other rights or remedies of ACC, ACC may issue a Performance Notice to the Supplier in respect of any:
19.1.1. breach of this Agreement by the Supplier that is not a trivial breach (where “trivial breach” means a breach that is trivial in nature or, which has no discernible adverse impact on ACC); or
19.1.2. failure to achieve a KPI or other performance measure, (such breach or failure being a “Performance Issue”).
19.2. If ACC issues a Performance Notice to the Supplier, the Supplier must (at its own cost):
19.2.1. investigate the cause of the Performance Issue and issue a written report to ACC which responds to the alleged Performance Issue, and where appropriate describes the cause of the Performance Issue in detail and the actions proposed to be taken by the Supplier;
19.2.2. remedy or mitigate the effects of any proven Performance Issue, or the circumstances or issue giving rise to that Performance Issue, as soon as reasonably practicable and provide ACC with a written report of the action taken; and
19.2.3. take all reasonable action to prevent a recurrence of the relevant Performance Issue and notify ACC in writing of any such action taken.
19.3. If a Performance Issue that is reasonably capable of remedy has not been remedied to ACC’s reasonable satisfaction within 20 Working Days after ACC has issued the Performance Notice (or such longer period (if any) specified in the Performance Notice by ACC in its sole and absolute discretion), ACC may issue to the Supplier a further notice which specifies that the relevant Performance Issue has not been remedied (“Unresolved Performance Notice”).
19.4. The fact that ACC issues a Performance Notice or an Unresolved Performance Notice in relation to any breach of this Agreement does not prevent ACC from claiming, at any time, that the relevant breach is, or was, a Material breach for the purposes of clause 22.1.
Performance Notice. Contractor agrees to notify Sponsor promptly of any ------------------- factor, occurrence, or event coming to its attention that may affect Contractor's ability to meet the requirements of any Project Work Statement issued under this Agreement, or that is likely to occasion any material delay in delivery of Deliverables. Such notice shall be given in the event of any loss or reassignment of key employees, threat of strike, or major equipment failure.
Performance Notice. The Loan Documents are performable by Borrower and each Subsidiary entirely in the county where Lender's main office is located. Any notice required to be provided to Borrower or any Subsidiary hereunder that is mailed postage prepaid to the respective addresses shown above or at the most recent changed address on file with Lender at least ten (10) days before the time of the event to which such notice relates shall be deemed reasonable unless any longer period is required by Law.
Performance Notice. The Ministry may give notice to Vodafone requiring the preparation of a Remedial Plan (Performance Notice) at any time where: a Vodafone has committed a breach of this Agreement the impact or potential impact of which is more than trivial, and Vodafone has yet to remedy that breach or eliminate it effects; b Vodafone has committed a material breach of its obligations under this Agreement, and Vodafone’s remedial efforts have yet to cure that breach or reduce its effects to a level where it ceases to qualify as a material breach; and/or c there are reasonable grounds to anticipate an imminent material breach by Vodafone of its obligations under this Agreement, (in each case, a Performance Issue).
