Rectification Plan. Seller must (at its own cost and expense) promptly:
a) review the conclusions or recommendations from the audit or investigation (as the case may be); and
b) take any corrective action to rectify any problems identified in any inspection, investigation or audit conducted under this Agreement which could reasonably be expected to have an adverse effect on Seller’s ability to provide the Fuel and Services in accordance with this Agreement, and such corrective action must be undertaken within the time period as specified by Buyer in line with industry best practice. The Buyer may conduct such follow-up inspections, investigations or audits to ensure that any identified problems have been corrected.
Rectification Plan. If the Service Provider becomes aware that there is, or there is reasonably likely to be a Delay, the following process shall apply: as soon as practicable the Service Provider shall notify the Purchaser of the Delay but in any event within three (3) Working Days of becoming aware of the Delay, detailing the actual or anticipated effect of the Delay; the Service Provider shall submit a draft rectification plan outlining how the Service Provider shall rectify the Delay which as a minimum shall include: (a) full details of the Delay that has occurred, including a root cause analysis; (b) the actual or anticipated effect of the Delay; and (c) the steps which the Service Provider proposes to take to rectify the Delay (if applicable) and to prevent such Delay from recurring, including timescales for such steps and for the rectification of the Delay (where applicable) (the “Rectification Plan”) to the Purchaser for it to review as soon as possible and in any event within ten (10) Working Days (or such other period as may be agreed between the Parties) after the original notification pursuant to clause 24.3.1; the Service Provider shall promptly provide to the Purchaser any further documentation that the Purchaser reasonably requires to assess the Service Provider’s root cause analysis; if the Parties do not agree on the root cause set out in the draft Rectification Plan, either Party may refer the matter to be determined in accordance with the dispute resolution process set out in clause 61 (Dispute Resolution); the Purchaser may reject the draft Rectification Plan by notice to the Service Provider if, acting reasonably, it considers that the draft Rectification Plan is inadequate; the Purchaser shall notify the Service Provider whether it consents to the draft Rectification Plan as soon as reasonably practicable; if the Purchaser rejects the draft Rectification Plan, the Purchaser shall give reasons for its decision and the Service Provider shall take the reasons into account in the preparation of a revised Rectification Plan; the Service Provider shall submit the revised draft of the Rectification Plan to the Purchaser for review within five (5) Working Days (or such other period as agreed between the Parties) of the Purchaser’s notice rejecting the first draft; if the Purchaser consents to the Rectification Plan the Service Provider shall immediately start work on the actions set out in the Rectification Plan; and at all times when complying with its obligati...
Rectification Plan. 11.1 Subject to Clause 13 (Relief Events) (i.e. where a Relief Event does not apply), in the event that:-
11.1.1 there is, or is reasonably likely to be, a Delay;
11.1.2 any of the events referred to in Paragraph 6.2 of Part B of Schedule 2.2 (Performance Measures and Monitoring) occurs;
11.1.3 there has been a Critical KPI Failure; or
11.1.4 the Contractor commits a material breach (being a single event or a series of events which are together a material breach) of any of its obligations under this Agreement that is capable of remedy (whether the same or different obligations and regardless of whether the Contractor has remedied those breaches on previous occasions). (each a “Notifiable Default”), the Contractor shall notify the DCC of the Notifiable Default as soon as practicable but in any event within five (5) Business Days of becoming aware of the Notifiable Default, detailing the actual or anticipated effect of the Notifiable Default. To the extent that any of the events set out in 11.1 occur and the Contractor reasonably believes that a Relief Event applies then the Contractor shall notify the DCC in accordance with Clause 13.
11.2 If:-
11.2.1 the Contractor notifies the DCC pursuant to Clause 11.1 that a Notifiable Default has occurred and such Notifiable Default is not subject to a Relief Event; or
11.2.2 the DCC notifies the Contractor that it considers that a Notifiable Default has occurred and such Notifiable Default is not subject to a Relief Event or that there has been a breach of Clause 52 of this Agreement by the Contractor to which the Rectification Plan Process applies (setting out sufficient detail so that it is reasonably clear what the Contractor has to rectify), then, without prejudice to the DCC's other rights and remedies (including the rights under Schedule 8.10 (Enhanced Scrutiny and Step In) and/or to terminate), the Contractor shall comply with the Rectification Plan Process.
Rectification Plan.
11.1 In the event that:-
11.1.1 there is, or is reasonably likely to be, a Delay;
11.1.2 in any one month there has been a KPI Failure; and/or
11.1.3 the Contractor commits a material breach (being a single event or a series of events which are together a material breach) of any of its obligations under this Agreement that is capable of remedy (whether the same or different obligations and regardless of whether the Contractor has remedied those breaches on previous occasions), (each a “Notifiable Default”), the Contractor shall notify the DCC of the Notifiable Default as soon as practicable but in any event within three (3) Business Days of becoming aware of the Notifiable Default, detailing the actual or anticipated effect of the Notifiable Default.
11.2 If:
11.2.1 the Contractor notifies the DCC pursuant to Clause 11.1 that a Notifiable Default has occurred; or
11.2.2 the DCC notifies the Contractor that it considers that a Notifiable Default has occurred (setting out sufficient detail so that it is reasonably clear what the Contractor has to rectify), then, without prejudice to the DCC's other rights and remedies (including the right to terminate), the Contractor shall comply with the Rectification Plan Process.
Rectification Plan. Each Warrantor covenants to the Investors that it shall, and shall procure the Group Companies to, carry out the Rectification Plan in accordance with the terms thereof.
Rectification Plan. In the event that:
(a) there is, or is reasonably likely to be, a Delay;
(b) the circumstances described in paragraphs 3.3(b), 3.4, 6.3, 6.6 and/or 8.2 of Schedule 2.2 (Performance) exist; and/or
(c) the Supplier commits a material Default that is capable of remedy (and for these purposes a material Default may be a single material Default or a number of Defaults or repeated Defaults (whether of the same or different obligations and regardless of whether such Defaults are remedied) which taken together constitute a material Default), (each a “Notifiable Default”), the Supplier shall notify the Authority of the Notifiable Default as soon as practicable but in any event within 3 Working Days of becoming aware of the Notifiable Default, detailing the actual or anticipated effect of the Notifiable Default and, unless the Notifiable Default also constitutes a Rectification Plan Failure or other Supplier Termination Event, the Authority may not terminate this Agreement in whole or in part on the grounds of the Notifiable Default without first following the Rectification Plan Process.
Rectification Plan. TERPEL must (at its own cost and expense) and in a timely fashion:
Rectification Plan. 11.1 Subject to Clause 13 (Relief Events), in the event that:-
11.1.1 there is, or is reasonably likely to be, a Delay;
11.1.2 any of the events referred to in Paragraph 6.2 of Part B of Schedule 2.2 (Performance Measures and Monitoring) occurs;
11.1.3 there has been a Critical KPI Failure; or
11.1.4 the Contractor commits a material breach (being a single event or a series of events which are together a material breach) of any of its obligations under this Agreement that is capable of remedy (whether the same or different obligations and regardless of whether the Contractor has remedied those breaches on previous occasions), (each a “Notifiable Default”), the Contractor shall notify the DCC of the Notifiable Default as soon as practicable but in any event within five
Rectification Plan. TERPEL must (at its own cost and expense) and in a timely fashion:
a. Review the conclusions or recommendations of the audit or investigation (as applicable); and
b. Take any corrective action to rectify any problem identified during the inspection, investigation or audit conducted under this Agreement and that may be reasonably expected to have an adverse effect on TERPEL’S capacity to supply Fuel or provide the Service pursuant to this agreement; and said corrective action must be taken within the term specified by THE AIRLINES in accordance with the industry’s best practices. THE AIRLINES may conduct follow-up inspections, audits or investigations to ensure the problems identified are corrected.
Rectification Plan. Seller must (at its own cost and expense) promptly;
a) review the conclusions or recommendations from the audit or investigation (as the case may be); and
b) take any corrective action to rectify any problems identified in any inspection, investigation or audit conducted under this Agreement which could reasonably be expected to have an adverse effect on Seller’s ability to provide the Fuel and Services in accordance with this Agreement, and such corrective action must be undertaken within the time period as specified by Buyer in line with industry best practice. The Buyer may conduct such follow-up inspections, investigations or audits to ensure that any identified problems have been corrected. Notwithstanding any provision to the contrary in the Agreement, if:
a) Seller breaches any of the provisions of Article 4A; then Buyer may either: terminate this Agreement in whole or in part by giving at least sixty (60) days prior written notice to Seller.
