Common use of Rectification Plan Process Clause in Contracts

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.

Appears in 2 contracts

Samples: It Solutions and System Integration Services Agreement, It Solutions and System Integration Services Agreement

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Rectification Plan Process. 30.1 28.1 In the event that: 30.1.1 28.1.1 there is, or is reasonably likely to be, a Delay;; and/or 30.1.2 28.1.2 in any Service Period there has been: 30.1.2.1 been a Material KPI Failure; and/or 30.1.2.2 a Material PI Failure; and/or 30.1.3 28.1.3 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.

Appears in 1 contract

Samples: It Solutions and System Integration Services Agreement

Rectification Plan Process. 30.1 27.1 In the event that: 30.1.1 27.1.1 there is, or is reasonably likely to be, a Delay;; and/or 30.1.2 27.1.2 in any Service Period there has been: 30.1.2.1 27.1.2.1 a Material KPI Failure; and/or 30.1.2.2 27.1.2.2 a Material PI Failure; and/or 30.1.3 27.1.3 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 Contract in whole or in part on the grounds of the Notifiable Default without first following the Rectification Plan Process.

Appears in 1 contract

Samples: It Solutions and System Integration Services Agreement

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Rectification Plan Process. 30.1 28.1 In the event that: 30.1.1 (a) there is, or is reasonably likely to be, a Delay;; and/or 30.1.2 (b) in any Service Period there has been: 30.1.2.1 (i) a Material KPI Failure; and/or 30.1.2.2 (ii) a Material PI Failure; and/or 30.1.3 (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), ; and/or (d) in any two months in a rolling three month period the Supplier has failed to qualify for any payment of Tutoring PF under paragraph 3 of Part E of Schedule 7.1 (each a “Notifiable Default”), the Supplier shall notify Network Rail the Authority of the Notifiable Default as soon as practicable but in any event within three (3) 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 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.

Appears in 1 contract

Samples: Services Agreement

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