Persistent Breach. 74.1.1 Health may issue a notice to the Service Provider (Persistent Breach Notice) if a breach of the same Service Provider obligation under this Services Agreement occurs more than once in any 12 Month period (Persistent Breach).
74.1.2 A Persistent Breach Notice must:
(a) state that it is a Persistent Breach Notice;
(b) identify the breach;
(c) not relate to:
(i) a Performance Issue (as defined in clause 44) which the Service Provider is diligently correcting; or
(ii) a breach in relation to which Health has issued a Frequent Breaches Notice under clause 75.1.1 and which the Service Provider is diligently remedying; and
(d) state that, if the breach continues beyond 30 Business Days or recurs within the 12 Month period commencing 30 Business Days after the date of service of the Persistent Breach Notice, it may result in Health becoming entitled to terminate this Services Agreement.
74.1.3 If, following the issue of a Persistent Breach Notice, the breach specified in the Persistent Breach Notice has continued beyond 30 Business Days or recurred within the 12 Month period commencing 30 Business Days after the date of service of the Persistent Breach Notice, then Health may issue a notice to the Service Provider (Final Persistent Breach Notice).
74.1.4 A Final Persistent Breach Notice must:
(a) state that it is a Final Persistent Breach Notice;
(b) identify the breach;
(c) state that the breach has been the subject of a Persistent Breach Notice served within the period of 12 Months and 30 Business Days prior to the date of the service of the Final Persistent Breach Notice; and
(d) state that if the breach continues beyond 30 Business Days or recurs 3 or more times within the 6 Month period after the date of service of the Final Persistent Breach Notice, Health will become entitled to terminate this Services Agreement.
Persistent Breach. 67.4.1 If a particular breach during the Services Period (other than any breach for which adjustments and/or deductions in accordance with Schedule 4 (Payment Mechanism) could have been made) has continued for more than twenty (20) Business Days or occurred more than three (3) times in any six
Persistent Breach. If a breach by the Consultant of any of its obligations under this Agreement has occurred more than twice then the Client may serve a notice ("Persistent Breach Notice") on the Consultant:
Persistent Breach. If a breach has occurred more than six (6) times in any six (6) Month period then:
(a) the provisions of this clause 31.9 shall apply the Authority may serve a notice on the Service Provider:
(i) specifying that it is a formal warning notice;
(ii) giving reasonable details of the breach; and
(iii) stating that such breach is a breach which, if it recurs frequently or continues, may result in a termination of this Contract;
(b) if, following service of warning notice pursuant to clause 31.9(a) the breach specified has continued beyond twenty (20) Business Days or recurred four (4) or more times within the six (6) Month period after the date of service of such warning notice, then the Authority may serve another notice on the Service Provider:
(i) specifying that it is a final warning notice;
(ii) stating that the breach specified has been the subject of a warning notice served within the twelve (12) Month period prior to the date of service of the final warning notice; and
(iii) stating that if such failure continues or recurs four (4) or more times within the six (6) Month period after the date of service of the final warning notice this Contract may be terminated;
(c) a warning notice may not be served in respect of any breach which has previously counted towards a separate warning notice.
Persistent Breach. If a particular breach, other than any breach for which Performance Points could have been awarded and/or Performance Deductions could have been made, has continued for more than thirty (30) Days or occurred more than four times in any four
Persistent Breach. Upon Notice of termination, effective as of the termination date specified in such Notice of termination, if Vendor commits numerous breaches of the Service Agreement or a Purchase Order, which in the aggregate are material, and fails to cure such breaches within 30 days of Company’s Notice by delivery of a plan of remediation acceptable to Company in its sole discretion, or fails to comply with any such Company approved plan of remediation in any material respect.
Persistent Breach. A failure by the Service Provider to perform an obligation under this Agreement or any Project Work Order (whether or not a repudiatory breach) that has been, or that is substantially similar to failures that have been, repeated sufficiently often to collectively amount to a material breach, provided that:
(i) Xxxxxx has previously notified the Service Provider Delivery Lead (via formal notice, written correspondence, or during a meeting of the Operational Review Board (and a Party subsequently memorializes such discussion in writing within a reasonable time under the circumstances)) on one or more occasions that if the same or substantially similar breach occurs again, Xxxxxx may exercise its rights under this Clause, and the first such notification occurred at least twenty (20) Business Days prior to Xxxxxx’x termination of the applicable Services pursuant to this Clause 51.1(b)(i); and
(ii) the breach referred to in a notice submitted under Clause 51.1(b)(i) did in fact occur again.
Persistent Breach.
(A) In the event of a Default of the CONTRACTOR then the AUTHORITY may serve on the CONTRACTOR a notice:
(1) giving particulars of the Default; and
(2) stating that re-occurrence of the Default will give the AUTHORITY the right to terminate this Agreement in accordance with this clause 29.4 (a “Warning Notice”).
(B) The CONTRACTOR will within, five (5) Working Days of the date of receipt of the Warning Notice, deliver to the AUTHORITY its proposals for rectification of the breach identified in the Warning Notice (a “Rectification Plan”). Providing that the AUTHORITY approves such Rectification Plan, the CONTRACTOR shall execute the Rectification Plan and the Warning Notice shall be considered suspended until execution of the Rectification Plan has been completed. If the AUTHORITY does not approve the Rectification Plan the matter shall be resolved using the Escalation Procedure.
(C) If, following service of a Warning Notice in accordance with clause 29.4(A), the Default specified in the Warning Notice has continued or recurred within a period ending six (6) months after the date of the original Warning Notice, then the Parties shall discuss the issue between their respective Chief Executives within five (5) Working Days and to the extent that the AUTHORITY is not reasonably satisfied with the representations made by the CONTRACTOR’s Chief Executive, the AUTHORITY may serve another notice on the CONTRACTOR:
(1) specifying that it is a final Warning Notice;
(2) stating that the Default specified has been the subject of a Warning Notice served within the six (6) month period prior to the date of service of the final Warning Notice; and
(3) stating that if such Default continues or recurs within the three (3) month period after the date of service of the final Warning Notice, the Agreement may be terminated by the AUTHORITY.
(D) Any material failure of the CONTRACTOR to perform its obligations set out in a Rectification Plan shall, for the purposes of clause 29.2(B), be deemed to be a Material Default not capable of remedy.
(E) For the purposes of this clause 29.4 the term “Chief Executive” shall mean the Chief Executives of the respective Parties or their designated representatives of similar standing.
Persistent Breach. 19.7.2.1 If a breach by the Supplier of any of its obligations under this Contract has occurred more than twice then the Contracting Entity may serve a notice ("Persistent Breach Notice") on the Supplier:
(a) specifying that it is a Persistent Breach Notice;
(b) giving reasonable details of the breach; and
(c) stating that such breach is a breach which, if it recurs or continues, may result in a termination of this Contract.
19.7.2.2 If, following service of such a Persistent Breach Notice, the breach specified has continued or occurred once again after the date falling thirty (30) Days after the date of service of the Persistent Breach Notice and before the date falling one hundred and eighty (180) Days after the date of service of such notice, then the Contracting Entity may serve another notice ("Final Persistent Breach Notice") on the Supplier:
(a) specifying that it is a Final Persistent Breach Notice;
(b) stating that the breach specified has been the subject of a prior Persistent Breach Notice within the period of one hundred and eighty (180) Days prior to the date of service of the Final Persistent Breach Notice; and
(c) stating that if such failure is not remedied within seven (7) Days or is remedied and occurs once or more within the ninety (90) Day period after the date of service of the Final Persistent Breach Notice, this Contract may be terminated with immediate effect.
Persistent Breach. If a Persistent Breach occurs, then GWRC may give the Operator a Notice of Persistent Breach:
