Rectification Plan Process. 40.2.1 Where DFID has instructed the Supplier to comply with the Rectification Plan Process pursuant to 40.1.1 (c) (i):
(a) the Supplier shall submit a draft Rectification Plan to DFID for it to review as soon as possible and in any event within 10 (ten) Working Days (or such other period as may be agreed between the Parties) from the date of DFID’s instructions. The Supplier shall submit a draft Rectification Plan even if the Supplier disputes that it is responsible for the Default giving rise to the DFID’s request for a draft Rectification Plan.
(b) the draft Rectification Plan shall set out:
(i) full details of the Default that has occurred, including a root cause analysis;
(ii) the actual or anticipated effect of the Default; and
(iii) the steps which the Supplier proposes to take to rectify the Default (if applicable) and to prevent such Default from recurring, including timescales for such steps and for the rectification of the Default (where applicable).
40.2.2 The Supplier shall promptly provide to the DFID any further documentation that the DFID requires to assess the Supplier’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 by an expert in accordance with Dispute Resolution Procedure.
40.2.3 DFID may reject the draft Rectification Plan by notice to the Supplier if, acting reasonably, it considers that the draft Rectification Plan is inadequate, for example because the draft Rectification Plan:
(a) is insufficiently detailed to be capable of proper evaluation;
(b) will take too long to complete;
(c) will not prevent reoccurrence of the Default; and/or
(d) will rectify the Default but in a manner which is unacceptable to DFID.
40.2.4 DFID shall notify the Supplier whether it consents to the draft Rectification Plan as soon as reasonably practicable. If DFID rejects the draft Rectification Plan, DFID shall give reasons for its decision and the Supplier shall take the reasons into account in the preparation of a revised Rectification Plan. The Supplier shall submit the revised draft of the Rectification Plan to DFID for review within five (5) Working Days (or such other period as agreed between the Parties) of the DFID’s notice rejecting the first draft.
40.2.5 If DFID consents to the Rectification Plan, the Supplier shall immediately start work on the actions set out in the Rectification Plan.
Rectification Plan Process. In the event that:
Rectification Plan Process. 30.1 In the event that:
30.1.1 there is, or is reasonably likely to be, a Delay;
30.1.2 in any Service Period there has been:
30.1.2.1 a Material KPI Failure; and/or
30.1.2.2 a Material PI Failure; and/or
30.1.3 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 Network Rail of the Notifiable Default as soon as practicable but in any event within three (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, Network Rail 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 Process. 49.1 In the event that:
49.1.1 three (3) Critical Service Failures of Standard Key Performance Indicators occur in any Month;
49.1.2 a Critical Service Failure in relation to the same Standard Key Performance Indicator occurs in three (3) consecutive Months;
49.1.3 two (2) Critical Service Failures of Priority Key Performance Indicators occur in any Month;
49.1.4 a Critical Service Failure in relation to the same Priority Key Performance Indicator occurs in two (2) consecutive Months; and/or
49.1.5 the Supplier commits a material Default that, in the opinion of the Authority, 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 in accordance with Clause 47.1 and unless the Notifiable Default also constitutes a Rectification Plan Failure or other Supplier Termination Event, the Authority may not terminate the Contract in whole or in part on the grounds of the Notifiable Default without first following the Rectification Plan Process.
49.2 When a Notifiable Default occurs (including where the Authority notifies the Supplier (setting out sufficient detail) that, in its reasonable opinion, it considers a Notifiable Default has occurred) then, unless the Notifiable Default also constitutes a Supplier Termination Event and the Authority serves notice to terminate the Contract, the Supplier shall comply with the Rectification Plan Process.
49.3 The Rectification Plan Process shall be as follows:
49.3.1 the Supplier shall submit a draft Rectification Plan to the Authority 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 submitted by the Supplier pursuant Clause 47.1 or by the Authority pursuant to Clause 49.2. The Supplier shall submit a draft Rectification Plan even if the Supplier disputes that it is responsible for the Notifiable Default;
49.3.2 the draft Rectification Plan shall set out:
(a) full details of the Notifiable Default that has occurred, including a root cause analysis;
(b) the actual or anticipated effect of the Notifiable Default (including the actual or anticipated effect on the performance of...
Rectification Plan Process. 50.1 In the event that: 50.1.1 three (3) Critical Service Failures of Standard Key Performance Indicators occur in any Month;
Rectification Plan Process. 10.3.1 If there is a Default, the Relevant Authority may, without limiting its other rights, request that the Supplier provide a Rectification Plan, within 10 working days .
10.3.2 When the Relevant Authority receives a requested Rectification Plan it can either:
(a) reject the Rectification Plan or revised Rectification Plan, giving reasons; or
(b) accept the Rectification Plan or revised Rectification Plan (without limiting its rights) and the Supplier must immediately start work on the actions in the Rectification Plan at its own cost, unless agreed otherwise by the Parties.
10.3.3 Where the Rectification Plan or revised Rectification Plan is rejected, the Relevant Authority:
(a) must give reasonable grounds for its decision; and
(b) may request that the Supplier provides a revised Rectification Plan within 5 Working Days.
10.3.4 If the Relevant Authority rejects any Rectification Plan, including any revised Rectification Plan, the Relevant Authority does not have to request a revised Rectification Plan before exercising its right to terminate its Contract under Clause 10.4.3(a).
Rectification Plan Process. 27.1 Without limitation to this Clause 27 and without prejudice to the Authority's rights under this Agreement, if there is a KPI Failure or if the Supplier otherwise fails to perform its obligations under this Agreement, the Supplier will:
Rectification Plan Process. In the event that there is, or is reasonably likely to be, a Delay in Achieving a Key Milestone by its relevant Milestone Date (a “Notifiable Delay”), the Supplier shall notify the Authority of the Notifiable Delay as soon as practicable but in any event within 3 Working Days of becoming aware of the Notifiable Delay, detailing the actual or anticipated effect of the Notifiable Delay and the Authority may not terminate this Agreement in whole or in part on the grounds of the Notifiable Delay without first following the Rectification Plan Process.
Rectification Plan Process. 40.2.1 Where the Authority has instructed the Supplier to comply with the Rectification Plan Process pursuant to 40.1.1 (c) (i):
(a) the Supplier shall submit a draft Rectification Plan to the Authority for it to review as soon as possible and in any event within 10 (ten) Working Days (or such other period as may be agreed between the Parties) from the date of the Authority’s instructions. The Supplier shall submit a draft Rectification Plan even if the Supplier disputes that it is responsible for the Default giving rise to the Authority’s request for a draft Rectification Plan.
(b) the draft Rectification Plan shall set out:
Rectification Plan Process. Where the Customer has instructed the Supplier to comply with the Rectification Plan Process pursuant to Clause 38.1.1(c)(i): the Supplier shall submit a draft Rectification Plan to the Customer for it to review as soon as possible and in any event within 10 (ten) Working Days (or such other period as may be agreed between the Parties) from the date of Customer’s instructions. The Supplier shall submit a draft Rectification Plan even if the Supplier disputes that it is responsible for the Default giving rise to the Customer’s request for a draft Rectification Plan. the draft Rectification Plan shall set out: full details of the Default that has occurred, including a cause analysis; the actual or anticipated effect of the Default; and the steps which the Supplier proposes to take to rectify the Default (if applicable) and to prevent such Default from recurring, including timescales for such steps and for the rectification of the Default (where applicable).
