Common use of Persistent Breach Clause in Contracts

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. 74.1.1 Health (a) NSW Ambulance may issue a notice to the Service Provider Operator (Persistent Breach Notice) if a breach of the same Service Provider Operator obligation under this Services a Project Agreement occurs more than once in any 12 Month period (Persistent Breach). 74.1.2 (b) A Persistent Breach Notice must: (ai) state that it is a Persistent Breach Notice; (bii) identify the breach; (ciii) not relate to: (i) A. an Event of Default which is the subject of a Performance Issue (as defined in clause 44) current Approved Cure Plan or Approved Prevention Plan which the Service Provider Operator is diligently correctingimplementing; or (ii) B. a breach in relation to which Health NSW Ambulance has issued a Frequent Breaches Notice under clause 75.1.1 39.6(a) and which the Service Provider Operator is diligently remedying; and (div) state that, if the breach continues beyond 30 Business Days within the commencing 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 NSW Ambulance becoming entitled to terminate this Services AgreementContract. 74.1.3 (c) 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 NSW Ambulance may issue a notice to the Service Provider Operator (Final Persistent Breach Notice). 74.1.4 (d) A Final Persistent Breach Notice must: (ai) state that it is a Final Persistent Breach Notice; (bii) identify the breach; (ciii) 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 (div) 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 NSW Ambulance will become entitled to terminate this Services AgreementContract.