Common use of Rectification Plan Process Clause in Contracts

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.

Appears in 4 contracts

Samples: Supplier Services Contract, Supplier Services Contract, Supplier Services Agreement

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Rectification Plan Process. 40.2.1 Where DFID the Customer has instructed the Supplier to comply with the Rectification Plan Process pursuant to 40.1.1 (c) (i): (a) Clause 42.1.1(c)(i): the Supplier shall submit a draft Rectification Plan to DFID the Customer for it to review as soon as possible and in any event within 10 (ten) the number of Working Days specified in the Order Form or elsewhere in this Call Off Contract (or such other period as may be agreed between the Parties) from the date of DFIDCustomer’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 DFIDCustomer’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) 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). 40.2.2 . The Supplier shall promptly provide to the DFID Customer any further documentation that the DFID Customer 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 paragraph 163 of Call Off Schedule 12 (Dispute Resolution Procedure. 40.2.3 DFID ). The Customer 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) and/or will rectify the Default but in a manner which is unacceptable to DFID. 40.2.4 DFID the Customer. The Customer shall notify the Supplier whether it consents to the draft Rectification Plan as soon as reasonably practicable. If DFID the Customer rejects the draft Rectification Plan, DFID the Customer 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 the Customer for review within five (5) Working Days (or such other period as agreed between the Parties) of the DFIDCustomer’s notice rejecting the first draft. 40.2.5 . If DFID the Customer consents to the Rectification Plan, the Supplier shall immediately start work on the actions set out in the Rectification Plan.

Appears in 3 contracts

Samples: Call Off Contract, Call Off Contract, Call Off Contract

Rectification Plan Process. 40.2.1 Where DFID the Customer has instructed the Supplier to comply with the Rectification Plan Process pursuant to 40.1.1 (c) (i): (a) Clause 38.1.1(c)(i): the Supplier shall submit a draft Rectification Plan to DFID the Customer for it to review as soon as possible and in any event within 10 (ten) the number of Working Days specified in the Order Form or elsewhere in this Call Off Contract (or such other period as may be agreed between the Parties) from the date of DFIDCustomer’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 DFIDCustomer’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) 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). 40.2.2 . The Supplier shall promptly provide to the DFID Customer any further documentation that the DFID Customer 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 paragraph 161 of Call Off Schedule 12 (Dispute Resolution Procedure. 40.2.3 DFID ). The Customer 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) and/or will rectify the Default but in a manner which is unacceptable to DFID. 40.2.4 DFID the Customer. The Customer shall notify the Supplier whether it consents to the draft Rectification Plan as soon as reasonably practicable. If DFID the Customer rejects the draft Rectification Plan, DFID the Customer 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 the Customer for review within five (5) Working Days (or such other period as agreed between the Parties) of the DFIDCustomer’s notice rejecting the first draft. 40.2.5 . If DFID the Customer consents to the Rectification Plan, the Supplier shall immediately start work on the actions set out in the Rectification Plan.

Appears in 2 contracts

Samples: Call Off Contract, Call Off Contract

Rectification Plan Process. 40.2.1 Where DFID the Customer has instructed the Supplier to comply with the Rectification Plan Process pursuant to 40.1.1 (c) (i): (a) Clause 50.1.1(d): the Supplier shall submit a draft Rectification Plan to DFID 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 DFIDCustomer’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 DFIDCustomer’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) 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). 40.2.2 . The Supplier shall promptly provide to the DFID Customer any further documentation that the DFID Customer 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 paragraph 24.5 of Call Off Schedule 11 (Dispute Resolution Procedure. 40.2.3 DFID ). The Customer 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) and/or will rectify the Default but in a manner which is unacceptable to DFID. 40.2.4 DFID the Customer. The Customer shall notify the Supplier whether it consents to the draft Rectification Plan as soon as reasonably practicable. If DFID the Customer rejects the draft Rectification Plan, DFID the Customer 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 the Customer for review within five (5) Working Days (or such other period as agreed between the Parties) of the DFIDCustomer’s notice rejecting the first draft. 40.2.5 . If DFID the Customer consents to the Rectification Plan, the Supplier shall immediately start work on the actions set out in the Rectification Plan.

Appears in 1 contract

Samples: Call Off Order Form

Rectification Plan Process. 40.2.1 Where DFID has If instructed the Supplier to comply with the Rectification Plan Process pursuant to 40.1.1 (c) (i): (a) by the Customer under Clause 5.7 above, the Supplier shall will submit a draft Rectification Plan to DFID for it the Customer 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 instructionsbeing instructed to do so. The Supplier shall submit a draft Rectification Plan even if the Supplier disputes does not agree that it is responsible for the Default giving rise to the DFID’s request for a draft Rectification Plan. (b) the is capable of remedy. The draft Rectification Plan shall set out: (i) : full details of the Default that has occurred, including a root cause analysis; (ii) the underlying reasons for it. the actual or anticipated effect of the Default; and (iii) and the steps which the Supplier proposes to take to rectify or mitigate the Default (if applicable) and to prevent such Default from recurringany recurrence of the Default, 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 Customer any further documentation that the DFID Customer requires to assess the Supplier’s root cause analysisreasoning behind the default. 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 paragraph 5 of Schedule 4 (Dispute Resolution Procedure. 40.2.3 DFID ). The Customer may reject the draft Rectification Plan by notice to the Supplier if, acting reasonably, it considers that the draft Rectification Plan is inadequate, for . An example because the of an inadequate draft Rectification Plan: (a) Plan is one which: 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 Customer; or will not rectify the Default. The Customer will tell the Supplier whether it consents to the draft Rectification Plan as soon as reasonably practicablepracticable if it agrees to or rejects the draft Rectification Plan. If DFID the Customer rejects the draft Rectification Plan, DFID shall the Customer will give reasons for its decision and the in its rejection notice. The Supplier shall must take the these reasons into account in the preparation of a revised Rectification Plan. The Supplier shall submit the a revised draft of the Rectification Plan to DFID the Customer for review within five (5) 5 Working Days (or such other period as agreed between the Parties) of the DFIDCustomer’s notice rejecting rejection notice. If the first draft. 40.2.5 If DFID consents to Customer agrees the draft Rectification Plan, or any revised draft Rectification Plan, the Supplier shall immediately start work on the actions set out in the Rectification Plan.

Appears in 1 contract

Samples: Framework Agreement

Rectification Plan Process. 40.2.1 31.2.1 Where DFID the Authority has instructed the Supplier to comply with the Rectification Plan Process pursuant to 40.1.1 (c) (iClause 31.1.1(c)(i): (a) the Supplier shall submit a draft Rectification Plan to DFID the Authority for it to review as soon as possible and in any event within 10 ten (ten10) Working Days (or such other period as may be agreed between the Parties) from the date of DFIDAuthority’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 DFIDAuthority’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 31.2.2 The Supplier shall promptly provide to the DFID Authority any further documentation that the DFID Authority 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 paragraph of Schedule 11 (Dispute Resolution Procedure). 40.2.3 DFID 31.2.3 The Authority 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/orand or (d) will rectify the Default but in a manner which is unacceptable to DFIDthe Authority. 40.2.4 DFID 31.2.4 The Authority shall notify the Supplier whether it consents to the draft Rectification Plan as soon as reasonably practicable. If DFID the Authority rejects the draft Rectification Plan, DFID the Authority 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 the Authority for review within five (5) Working Days (or such other period as agreed between the Parties) of the DFIDAuthority’s notice rejecting the first draft. 40.2.5 31.2.5 If DFID the Authority consents to the Rectification Plan, the Supplier shall immediately start work on the actions set out in the Rectification Plan.

Appears in 1 contract

Samples: Price Benchmarking Services Contract

Rectification Plan Process. 40.2.1 Where DFID the Authority has instructed the Supplier to comply with the Rectification Plan Process pursuant to 40.1.1 (c) (i): (a) Clause B33.1(a)(iii)A: the Supplier shall submit a draft Rectification Plan to DFID the Authority for it to review as soon as possible and in any event within 10 ten (ten10) Working Days (or such other period as may be agreed between the Parties) from the date of DFIDAuthority’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 DFIDAuthority’s request for a draft Rectification Plan. (b) ; and 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) 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). 40.2.2 . The Supplier shall promptly provide to the DFID Authority any further documentation that the DFID Authority 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, as such expert in accordance with Dispute Resolution Procedure. 40.2.3 DFID is identified and agreed by the Parties. The Authority 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) and/or will rectify the Default but in a manner which is unacceptable to DFID. 40.2.4 DFID the Authority. The Authority shall notify the Supplier whether it consents to the draft Rectification Plan as soon as reasonably practicable. If DFID the Authority rejects the draft Rectification Plan, DFID the Authority 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 the Authority for review within five (5) Working Days (or such other period as agreed between the Parties) of the DFIDAuthority’s notice rejecting the first draft. 40.2.5 . If DFID the Authority consents to the Rectification Plan, the Supplier shall immediately start work on the actions set out in the Rectification Plan. Supplier Relief due to Authority Cause If the Supplier has failed to: achieve a Milestone by its Milestone Date; provide the Services in accordance with the Service Levels; comply with its obligations under the Commercial Agreement, (each a “Supplier Non-Performance”), and can demonstrate that the Supplier Non-Performance would not have occurred but for an Authority Cause, then: (subject to the Supplier fulfilling its obligations to provide a Relief Notice in accordance with Clause 34.2(a) below): the Supplier shall not be treated as being in breach of the Commercial Agreement to the extent the Supplier can demonstrate that the Supplier Non-Performance was caused by the Authority Cause; The Authority shall not be entitled to exercise any rights that may arise as a result of that Supplier Non-Performance to terminate the Commercial Agreement pursuant to Clause B20, except for termination due to no fault of the Supplier under Clause B24; where the Supplier Non-Performance constitutes the failure to Achieve a Milestone by its Milestone Date: the Milestone Date shall be postponed by a period equal to the period of Delay that the Supplier can demonstrate was caused by the Authority Cause; if the Authority, acting reasonably, considers it appropriate, the Implementation Plan shall be amended to reflect any consequential revisions required to subsequent Milestone Dates resulting from the Authority Cause; if failure to Achieve a Milestone attracts a Delay Payment, the Supplier shall have no liability to pay any such Delay Payment associated with the Milestone to the extent that the Supplier can demonstrate that such failure was caused by the Authority Cause; and/or where the Supplier Non-Performance constitutes a Service Level Failure: the Supplier shall not be liable to accrue Service Credits; the Authority shall not be entitled to any compensation for Critical Service Level Failure; and the Supplier shall be entitled to invoice for the Service Fees for the provision of the relevant Services affected by the Authority Cause, in each case, to the extent that the Supplier can demonstrate that the Service Level Failure was caused by the Authority Cause. In order to claim any of the rights and/or relief referred to in Clause B34.1 above, the Supplier shall: within ten (10) Working Days of becoming aware that an Authority Cause has caused, or is likely to cause, a Supplier Non-Performance, give the Authority notice (a “Relief Notice”) setting out details of: the Supplier Non-Performance; the Authority Cause and its effect on the Supplier’s ability to meet its obligations under the Commercial Agreement; and the relief claimed by the Supplier. Following the receipt of a Relief Notice, the Authority shall as soon as reasonably practicable consider the nature of the Supplier Non-Performance and the alleged Authority Cause and whether it agrees with the Supplier’s assessment set out in the Relief Notice as to the effect of the relevant Authority Cause and its entitlement to relief, consulting with the Supplier where necessary. Without prejudice to the Supplier’s obligation to provide the Services, if a Dispute arises as to: whether a Supplier Non-Performance would not have occurred but for an Authority Cause; and/or the nature and/or extent of the relief claimed by the Supplier; either Party may refer the Dispute to the Dispute Resolution Procedure. Pending the resolution of the Dispute, both Parties shall continue to resolve the causes of, and mitigate the effects of, the Supplier Non-Performance. Any Variation that is required to the Implementation Plan or to the Service Fees pursuant to this Clause 34 shall be implemented in accordance with the Variation Procedure.

Appears in 1 contract

Samples: Commercial Agreement

Rectification Plan Process. 40.2.1 28.2.1 Where DFID the Customer has instructed the Supplier to comply with the Rectification Plan Process pursuant to 40.1.1 (c) (i):in accordance with this Call Off Contract: (a) the The Supplier shall submit a draft Rectification Plan to DFID the Customer for it to review as soon as possible and in any event within 10 [ten (ten) 10)] Working Days (or such other period as may be agreed between the Parties) from the date of DFIDCustomer’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 DFIDCustomer’s request for a draft Rectification Plan. (b) the 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 28.2.2 The Supplier shall promptly provide to the DFID Customer any further documentation that the DFID Customer 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 paragraph 5 of Annex 3 (Dispute Resolution Procedure) to the Call Off Terms. 40.2.3 DFID 28.2.3 The Customer 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 DFIDthe Customer. 40.2.4 DFID 28.2.4 The Customer shall notify the Supplier whether it consents to the draft Rectification Plan as soon as reasonably practicable. If DFID the Customer rejects the draft Rectification Plan, DFID the Customer 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 the Customer for review within five (5) 5 Working Days (or such other period as agreed between the Parties) of the DFIDCustomer’s notice rejecting the first draft. 40.2.5 28.2.5 If DFID the Customer consents to the Rectification Plan, the Supplier shall immediately start work on the actions set out in the Rectification Plan.

Appears in 1 contract

Samples: Technology Products Framework Agreement

Rectification Plan Process. 40.2.1 29.2.1 Where DFID the Authority has instructed the Supplier to comply with the Rectification Plan Process pursuant to 40.1.1 (c) (i):Process: (a) the Supplier shall submit a draft Rectification Plan to DFID the Authority for it to review as soon as possible and in any event within 10 five (ten5) Working Days (or such other period as may be agreed between the Parties) from the date of DFIDAuthority’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 DFIDAuthority’s request for a draft Rectification PlanPlan or that that Default has occurred. (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 29.2.2 The Supplier shall promptly provide to the DFID Authority any further documentation that the DFID Authority 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 paragraph 5 of Schedule 11 (Dispute Resolution Procedure). 40.2.3 DFID 29.2.3 The Authority 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 DFIDthe Authority. 40.2.4 DFID 29.2.4 The Authority shall notify the Supplier whether it consents to the draft Rectification Plan as soon as reasonably practicable. If DFID the Authority rejects the draft Rectification Plan, DFID the Authority 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 the Authority for review within five (5) Working Days (or such other period as agreed between the Parties) of the DFIDAuthority’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.

Appears in 1 contract

Samples: Contract for the Provision of Services

Rectification Plan Process. 40.2.1 31.2.1 Where DFID the Authority has instructed the Supplier to comply with the Rectification Plan Process pursuant to 40.1.1 (c) (iClause 31.1.1(c)(i): (a) the Supplier shall submit a draft Rectification Plan to DFID the Authority for it to review as soon as possible and in any event within 10 five (ten5) Working Days (or such other period as may be agreed between the Parties) from the date of DFIDAuthority’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 DFIDAuthority’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 31.2.2 The Supplier shall promptly provide to the DFID Authority any further documentation that the DFID Authority 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 paragraph 5 of Schedule 12 (Dispute Resolution Procedure). 40.2.3 DFID 31.2.3 The Authority 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 DFIDthe Authority. 40.2.4 DFID 31.2.4 The Authority shall notify the Supplier whether it consents to the draft Rectification Plan as soon as reasonably practicable. If DFID the Authority rejects the draft Rectification Plan, DFID the Authority 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 the Authority for review within five (5) Working Days (or such other period as agreed between the Parties) of the DFIDAuthority’s notice rejecting the first draft. 40.2.5 31.2.5 If DFID the Authority consents to the Rectification Plan, the Supplier shall immediately start work on the actions set out in the Rectification Plan.

Appears in 1 contract

Samples: Supplier Contract

Rectification Plan Process. 40.2.1 Where DFID the Customer has instructed the Supplier to comply with the Rectification Plan Process pursuant to 40.1.1 (c) (i): (a) Clause 36.1.1(c)(i): the Supplier shall submit a draft Rectification Plan to DFID the Customer for it to review as soon as possible and in any event within 10 (ten) the number of Working Days specified in the Order Form or elsewhere in this Call Off Contract (or such other period as may be agreed between the Parties) from the date of DFIDCustomer’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 DFIDCustomer’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) 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). 40.2.2 . The Supplier shall promptly provide to the DFID Customer any further documentation that the DFID Customer 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 paragraph 151 of Call Off Schedule 12 (Dispute Resolution Procedure. 40.2.3 DFID ). The Customer 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) and/or will rectify the Default but in a manner which is unacceptable to DFID. 40.2.4 DFID the Customer. The Customer shall notify the Supplier whether it consents to the draft Rectification Plan as soon as reasonably practicable. If DFID the Customer rejects the draft Rectification Plan, DFID the Customer 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 the Customer for review within five (5) Working Days (or such other period as agreed between the Parties) of the DFIDCustomer’s notice rejecting the first draft. 40.2.5 . If DFID the Customer consents to the Rectification Plan, the Supplier shall immediately start work on the actions set out in the Rectification Plan.

Appears in 1 contract

Samples: Call Off Contract

Rectification Plan Process. 40.2.1 32.2.1 Where DFID the Authority has instructed the Supplier to comply with the Rectification Plan Process pursuant to 40.1.1 (c) (i):Process: (a) the Supplier shall submit a draft Rectification Plan to DFID the Authority for it to review as soon as possible and in any event within 10 five (ten5) Working Days (or such other period as may be agreed between the Parties) from the date of DFIDAuthority’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 DFIDAuthority’s request for a draft Rectification PlanPlan or that that Default has occurred. (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 32.2.2 The Supplier shall promptly provide to the DFID Authority any further documentation that the DFID Authority 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 paragraph 5 of Schedule 12 (Dispute Resolution Procedure). 40.2.3 DFID 32.2.3 The Authority 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 DFIDthe Authority. 40.2.4 DFID 32.2.4 The Authority shall notify the Supplier whether it consents to the draft Rectification Plan as soon as reasonably practicable. If DFID the Authority rejects the draft Rectification Plan, DFID the Authority 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 the Authority for review within five (5) Working Days (or such other period as agreed between the Parties) of the DFIDAuthority’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.

Appears in 1 contract

Samples: Contract for the Provision of Services

Rectification Plan Process. 40.2.1 38.2.1 Where DFID the Contracting Authority has instructed the Supplier to comply with the Rectification Plan Process pursuant to 40.1.1 (c) (iClause 38.1.1(c)(i): (a) the Supplier shall submit a draft Rectification Plan to DFID the Contracting 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 DFIDContracting 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 DFIDContracting Authority’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 38.2.2 The Supplier shall promptly provide to the DFID Contracting Authority any further documentation that the DFID Contracting Authority 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 paragraph 5 of Call Off Schedule 11 (Dispute Resolution Procedure). 40.2.3 DFID 38.2.3 The Contracting Authority 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 DFIDthe Contracting Authority. 40.2.4 DFID 38.2.4 The Contracting Authority shall notify the Supplier whether it consents to the draft Rectification Plan as soon as reasonably practicable. If DFID the Contracting Authority rejects the draft Rectification Plan, DFID the Contracting Authority 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 the Contracting Authority for review within five (5) Working Days (or such other period as agreed between the Parties) of the DFIDContracting Authority’s notice rejecting the first draft. 40.2.5 38.2.5 If DFID the Contracting Authority consents to the Rectification Plan, the Supplier shall immediately start work on the actions set out in the Rectification Plan.

Appears in 1 contract

Samples: Framework Agreement

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Rectification Plan Process. 40.2.1 38.2.1 Where DFID the Customer has instructed the Supplier to comply with the Rectification Plan Process pursuant to 40.1.1 (c) (iClause 38.1.1(c)(i): (a) the Supplier shall submit a draft Rectification Plan to DFID the Customer for it to review as soon as possible and in any event within 10 (ten) the number of Working Days specified in the Order Form or elsewhere in this Call Off Contract (or such other period as may be agreed between the Parties) from the date of DFIDCustomer’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 DFIDCustomer’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, including but not limited to, problem definition, evidence, causes and proposed corrective actions; (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 38.2.2 The Supplier shall promptly provide to the DFID Customer any further documentation that the DFID Customer requires to assess the Supplier’s root cause analysis, including but not limited to, problem solving, evidence, causes and proposed corrective actions . 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 paragraph 5 of Call Off Schedule 12 (Dispute Resolution Procedure). 40.2.3 DFID 38.2.3 The Customer 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 DFIDthe Customer. 40.2.4 DFID 38.2.4 The Customer shall notify the Supplier whether it consents to the draft Rectification Plan as soon as reasonably practicable. If DFID the Customer rejects the draft Rectification Plan, DFID the Customer 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 the Customer for review within five (5) Working Days (or such other period as agreed between the Parties) of the DFIDCustomer’s notice rejecting the first draft. 40.2.5 38.2.5 If DFID the Customer consents to the Rectification Plan, the Supplier shall immediately start work on the actions set out in the Rectification Plan.

Appears in 1 contract

Samples: Call Off Terms for Services

Rectification Plan Process. 40.2.1 Where DFID the Customer has instructed the Supplier to comply with the Rectification Plan Process pursuant to 40.1.1 (c) (i): (a) Clause 38.1.1(c)(iii): the Supplier shall submit a draft Rectification Plan to DFID 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 DFIDCustomer’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 DFIDCustomer’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) 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). 40.2.2 . The Supplier shall promptly provide to the DFID Customer any further documentation that the DFID Customer 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 paragraph 5 of Call Off Schedule 11 (Dispute Resolution Procedure. 40.2.3 DFID ). The Customer 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) and/or will rectify the Default but in a manner which is unacceptable to DFID. 40.2.4 DFID the Customer. The Customer shall notify the Supplier whether it consents to the draft Rectification Plan as soon as reasonably practicable. If DFID the Customer rejects the draft Rectification Plan, DFID the Customer 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 the Customer for review within five (5) Working Days (or such other period as agreed between the Parties) of the DFIDCustomer’s notice rejecting the first draft. 40.2.5 . If DFID the Customer consents to the Rectification Plan, the Supplier shall immediately start work on the actions set out in the Rectification Plan.

Appears in 1 contract

Samples: Call Off Contract

Rectification Plan Process. 40.2.1 Where DFID the Customer has instructed the Supplier to comply with the Rectification Plan Process pursuant to 40.1.1 (c) (i): (a) Clause 38.1.1(c)(i): the Supplier shall submit a draft Rectification Plan to DFID the Customer for it to review as soon as possible and in any event within 10 (ten) the number of Working Days specified in the Order Form or elsewhere in this Call Off Contract (or such other period as may be agreed between the Parties) from the date of DFIDCustomer’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 DFIDCustomer’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) 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). 40.2.2 . The Supplier shall promptly provide to the DFID Customer any further documentation that the DFID Customer 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 paragraph 167 of Call Off Schedule 12 (Dispute Resolution Procedure. 40.2.3 DFID ). The Customer 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) and/or will rectify the Default but in a manner which is unacceptable to DFID. 40.2.4 DFID the Customer. The Customer shall notify the Supplier whether it consents to the draft Rectification Plan as soon as reasonably practicable. If DFID the Customer rejects the draft Rectification Plan, DFID the Customer 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 the Customer for review within five (5) Working Days (or such other period as agreed between the Parties) of the DFIDCustomer’s notice rejecting the first draft. 40.2.5 . If DFID the Customer consents to the Rectification Plan, the Supplier shall immediately start work on the actions set out in the Rectification Plan.

Appears in 1 contract

Samples: Call Off Agreement

Rectification Plan Process. 40.2.1 Where DFID the Customer has instructed the Supplier to comply with the Rectification Plan Process pursuant to 40.1.1 (c) (i): (a) Clause 39.1(i): the Supplier shall submit a draft Rectification Plan to DFID the Customer for it to review as soon as possible and in any event within 10 (ten) the number of Working Days specified in the Order Form or elsewhere in this Call Off Contract (or such other period as may be agreed between the Parties) from the date of DFIDCustomer’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 DFIDCustomer’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) 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). 40.2.2 . The Supplier shall promptly provide to the DFID Customer any further documentation that the DFID Customer 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 paragraph 33. of Call Off Schedule 12 (Dispute Resolution Procedure. 40.2.3 DFID ). The Customer 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) and/or will rectify the Default but in a manner which is unacceptable to DFID. 40.2.4 DFID the Customer. The Customer shall notify the Supplier whether it consents to the draft Rectification Plan as soon as reasonably practicable. If DFID the Customer rejects the draft Rectification Plan, DFID the Customer 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 the Customer for review within five (5) Working Days (or such other period as agreed between the Parties) of the DFIDCustomer’s notice rejecting the first draft. 40.2.5 . If DFID the Customer consents to the Rectification Plan, the Supplier shall immediately start work on the actions set out in the Rectification Plan.

Appears in 1 contract

Samples: Order Form

Rectification Plan Process. 40.2.1 Where DFID the Customer has instructed the Supplier to comply with the Rectification Plan Process pursuant to 40.1.1 (c) (i): (a) Clause 28.1.1(c)(i): the Supplier shall submit a draft Rectification Plan to DFID the Customer for it to review as soon as possible and in any event within 10 (ten) the number of Working Days specified in the Letter of Appointment or elsewhere in this Call Off Contract (or such other period as may be agreed between the Parties) from the date of DFIDCustomer’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 DFIDCustomer’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) 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). 40.2.2 . The Supplier shall promptly provide to the DFID Customer any further documentation that the DFID Customer 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 paragraph 5 of Call Off Schedule 12 (Dispute Resolution Procedure. 40.2.3 DFID ). The Customer 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) and/or will rectify the Default but in a manner which is unacceptable to DFID. 40.2.4 DFID the Customer. The Customer shall notify the Supplier whether it consents to the draft Rectification Plan as soon as reasonably practicable. If DFID the Customer rejects the draft Rectification Plan, DFID the Customer 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 the Customer for review within five (5) Working Days (or such other period as agreed between the Parties) of the DFIDCustomer’s notice rejecting the first draft. 40.2.5 . If DFID the Customer consents to the Rectification Plan, the Supplier shall immediately start work on the actions set out in the Rectification Plan.

Appears in 1 contract

Samples: Call Off Contract

Rectification Plan Process. 40.2.1 32.2.1 Where DFID the Authority has instructed the Supplier to comply with the Rectification Plan Process pursuant to 40.1.1 (c) (i):Process: (a) the Supplier shall submit a draft Rectification Plan to DFID the Authority for it to review as soon as possible and in any event within 10 five (ten5) Working Days (or such other period as may be agreed between the Parties) from the date of DFIDAuthority’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 DFIDAuthority’s request for a draft Rectification PlanPlan or that that Default has occurred. (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 32.2.2 The Supplier shall promptly provide to the DFID Authority any further documentation that the DFID Authority 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 paragraph 5 of Schedule 12 (Dispute Resolution Procedure). 40.2.3 DFID 32.2.3 The Authority 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 DFIDthe Authority. 40.2.4 DFID 32.2.4 The Authority shall notify the Supplier whether it consents to the draft Rectification Plan as soon as reasonably practicable. If DFID the Authority rejects the draft Rectification Plan, DFID the Authority shall give reasons for DH CRNCC Contract (Contract Terms) 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 the Authority for review within five (5) Working Days (or such other period as agreed between the Parties) of the DFIDAuthority’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.

Appears in 1 contract

Samples: Contract for the Provision of Services

Rectification Plan Process. 40.2.1 26.1 Where DFID Sightsavers has instructed the Supplier Subcontractor to comply with the Rectification Plan Process pursuant to 40.1.1 (c) (iClause 25.1.3(a): (a) 26.1.1 the Supplier Subcontractor shall submit a draft Rectification Plan to DFID Sightsavers 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 Sightsavers’ instructions. The Supplier Subcontractor shall submit a draft Rectification Plan even if the Supplier Subcontractor disputes that it is responsible for the Default giving rise to the DFID’s Sightsavers’ request for a draft Rectification Plan. (b) the 26.2 The draft Rectification Plan shall set out: (i) 26.2.1 full details of the Default that has occurred, including a root cause analysis; (ii) 26.2.2 the actual or anticipated effect of the Default; and (iii) 26.2.3 the steps which the Supplier Subcontractor 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 26.3 The Supplier Subcontractor shall promptly provide to the DFID Sightsavers any further documentation that the DFID Sightsavers reasonably requires to assess the SupplierSubcontractor’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 the Dispute Resolution Procedure. 40.2.3 DFID 26.4 Sightsavers may reject the draft Rectification Plan by notice to the Supplier Subcontractor if, acting reasonably, it considers that the draft Rectification Plan is inadequate, for example because the draft Rectification Plan: (a) 26.4.1 is insufficiently detailed to be capable of proper evaluation; (b) 26.4.2 will take too long to complete; (c) 26.4.3 will not prevent reoccurrence of the Default; and/or (d) 26.4.4 will rectify the Default but in a manner manner, which is unacceptable to DFIDSightsavers. 40.2.4 DFID 26.5 Sightsavers shall notify the Supplier Subcontractor whether it consents to the draft Rectification Plan as soon as reasonably practicable. If DFID Sightsavers rejects the draft Rectification Plan, DFID Sightsavers shall give reasons for its decision and the Supplier Subcontractor shall take the reasons into account in the preparation of a revised Rectification Plan. The Supplier Subcontractor shall submit the revised draft of the Rectification Plan to DFID Sightsavers for review within five (5) Working Days (or such other period as agreed between the Parties) of the DFID’s Sightsavers’ notice rejecting the first draft. 40.2.5 26.6 If DFID Sightsavers consents to the Rectification Plan, the Supplier Subcontractor shall immediately start work on the actions set out in the Rectification Plan. If Sightsavers does not consent to the Rectification Plan, Sightsavers shall give reasons and the Subcontractor shall be given an opportunity to modify it. If Sightsavers then rejects the Rectification Plan, Sightsavers shall be entitled to exercise its termination right pursuant to Clause 28 (Termination with default of the Subcontractor).

Appears in 1 contract

Samples: Subcontractor Services Agreement

Rectification Plan Process. 40.2.1 Where DFID the Customer has instructed the Supplier to comply with the Rectification Plan Process pursuant to 40.1.1 (c) (i): (a) Clause 38.1(i): the Supplier shall submit a draft Rectification Plan to DFID the Customer for it to review as soon as possible and in any event within 10 [ten (ten) 10)] Working Days (or such other period as may be agreed between the Parties) from the date of DFIDCustomer’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 DFIDCustomer’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) 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). 40.2.2 . The Supplier shall promptly provide to the DFID Customer any further documentation that the DFID Customer 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 paragraph 83. of Call Off Schedule 13 (Dispute Resolution Procedure. 40.2.3 DFID ). The Customer 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) and/or will rectify the Default but in a manner which is unacceptable to DFID. 40.2.4 DFID the Customer. The Customer shall notify the Supplier whether it consents to the draft Rectification Plan as soon as reasonably practicable. If DFID the Customer rejects the draft Rectification Plan, DFID the Customer 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 the Customer for review within five (5) Working Days (or such other period as agreed between the Parties) of the DFIDCustomer’s notice rejecting the first draft. 40.2.5 . If DFID the Customer consents to the Rectification Plan, the Supplier shall immediately start work on the actions set out in the Rectification Plan.

Appears in 1 contract

Samples: Call Off Order Form and Call Off Terms

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