Common use of Rectification Plan Process Clause in Contracts

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 its obligations under the Contract); and (c) the steps which the Supplier proposes to take to rectify the Notifiable Default (if applicable) and to prevent such Notifiable Default from recurring, including timescales for such steps and for the rectification of the Notifiable Default (where applicable); 49.3.3 the Supplier shall promptly, and in any event within two (2) Working Days, provide to the Authority any further documentation that the Authority reasonably 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 in accordance with the Dispute Resolution Procedure; 49.3.4 the Authority shall notify the Supplier whether it consents to the draft Rectification Plan as soon as reasonably practicable. If the Authority rejects the draft Rectification Plan, 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 the Authority for review within five (5) Working Days (or such other period as agreed between the Parties) of the Authority’s notice rejecting the first draft; 49.3.5 if the Authority consents to the Rectification Plan: (a) the Supplier shall immediately start work on the actions set out in the Rectification Plan; and (b) the Authority may no longer terminate this Contract in whole or in part on the grounds of the relevant Notifiable Default; and 49.3.6 the Authority may reject the draft or revised Rectification Plan submitted to it under Clause 49.3.4 by notice to the Supplier if, acting reasonably, it considers that the draft Rectification Plan is inadequate, for such reasons including: (a) it is insufficiently detailed to be capable of proper evaluation; (b) it will take too long to complete; (c) it will not prevent reoccurrence of the Notifiable Default; and/or (d) it will rectify the Notifiable Default but in a manner which is unacceptable to the Authority.

Rectification Plan Process. 49.1 44.1 In the event that: 49.1.1 three (3) Critical Service Failures of Standard Key Performance Indicators occur in any Month; 49.1.2 that 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 Notifiable 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"occurs, the Supplier shall notify the Authority of the Notifiable Default in accordance with Clause 47.1 42 and unless the Notifiable Default also constitutes a Rectification Plan Failure or other Supplier Termination Eventthe Authority is otherwise able to terminate the Framework Agreement, the Authority may not terminate the Contract this Framework Agreement in whole or in part on the grounds of the Notifiable Default without first following the Rectification Plan Process. 49.2 When 44.2 If: 44.2.1 the Supplier notifies the Authority pursuant to Clause 42 that a Notifiable Default occurs (including where has occurred; or 44.2.2 the Authority notifies the Supplier (setting out sufficient detail) that, in its reasonable opinion, that it considers a Notifiable Default has occurred) occurred (setting out sufficient detail so that it is reasonably clear what the Supplier has to rectify), then, unless the Notifiable Default also constitutes a Supplier Termination Event and the Authority serves notice to terminate the Contractthis Framework Agreement, the Supplier shall comply with the Rectification Plan Process. 49.3 44.3 The Rectification Plan Process shall be as follows: 49.3.1 44.3.1 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 49.244.2. The Supplier shall submit a draft Rectification Plan even if the Supplier disputes that it is responsible for the Notifiable Default; 49.3.2 44.3.2 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 its obligations under the Contractthis Framework Agreement); and (c) the steps which the Supplier proposes to take to rectify the Notifiable Default (if applicable) and to prevent such Notifiable Default from recurring, including timescales for such steps and for the rectification of the Notifiable Default (where applicable);, 49.3.3 44.3.3 the Supplier shall promptly, and in any event within two (2) Working Days, promptly provide to the Authority any further documentation that the Authority reasonably 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 in accordance with the Dispute Resolution Procedure; 49.3.4 44.3.4 the Authority shall notify the Supplier whether it consents to the draft Rectification Plan as soon as reasonably practicable. If the Authority rejects the draft Rectification Plan, 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 the Authority for review within five (5) Working Days (or such other period as agreed between the Parties) of the Authority’s notice rejecting the first draft; 49.3.5 if the Authority consents to the Rectification Plan: (a) the Supplier shall immediately start work on the actions set out in the Rectification Plan; and (b) the Authority may no longer terminate this Contract in whole or in part on the grounds of the relevant Notifiable Default; and 49.3.6 the Authority may reject the draft or revised Rectification Plan submitted to it under Clause 49.3.4 by notice to the Supplier if, acting reasonably, it considers that the draft Rectification Plan is inadequate, for such reasons including: (a) it is insufficiently detailed to be capable of proper evaluation; (b) it will take too long to complete; (c) it will not prevent reoccurrence of the Notifiable Default; and/or (d) it will rectify the Notifiable Default but in a manner which is unacceptable to the Authority.five

Rectification Plan Process. 49.1 27.1 Without limitation to this Clause 0 and without prejudice to RCDTS's rights under this Agreement, if there is a Performance Failure or if the Supplier otherwise fails to perform its obligations under this Agreement, the Supplier will: (a) investigate, assemble and preserve pertinent information with respect to the cause(s) of the problem, including performing a root cause analysis of the problem; (b) advise RCDTS, as and to the extent reasonably requested by RCDTS, of the status of remedial effort being undertaken with respect to such problem; (c) minimise the impact of and correct the problem and thereafter recommence performance in accordance with and so as to meet or exceed the Target Performance Level of all the Key Performance Indicators and Subsidiary Performance Indicators as soon as possible; and (d) take appropriate preventative measures so that the problem does not reoccur. 27.2 In the event that: 49.1.1 three (3a) Critical Service Failures of Standard Key Performance Indicators occur there is, or is reasonably likely to be, a Delay; (b) in any MonthService Period there has been a Performance Failure; 49.1.2 a Critical Service Failure in relation to the same Standard Key Performance Indicator occurs in three (3c) 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, 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); (d) following any audit conducted by RCDTS in accordance with this Agreement, there is, or is reasonably likely to be, a Default; and/or (e) there is, or is reasonably likely to be, an Intervention Trigger Event, (each a "“Notifiable Default"”), the Supplier shall notify the Authority RCDTS of the Notifiable Default as soon as practicable but in accordance with Clause 47.1 and 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 RCDTS may not terminate the Contract this Agreement 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 . Any 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 provided pursuant to this 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) 27.2 must detail the actual or anticipated effect of the Notifiable Default (including the actual or anticipated effect on the performance of its obligations under the Contract); and (c) the steps which the Supplier proposes to take to rectify the Notifiable Default (if applicable) and to prevent such Notifiable Default from recurring, including timescales for such steps and for the rectification of the Notifiable Default (where applicable); 49.3.3 the Supplier shall promptly, and in any event within two (2) Working Days, provide to the Authority any further documentation that the Authority reasonably 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 in accordance with the Dispute Resolution Procedure; 49.3.4 the Authority shall notify the Supplier whether it consents to the draft Rectification Plan as soon as reasonably practicable. If the Authority rejects the draft Rectification Plan, 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 the Authority for review within five (5) Working Days (or such other period as agreed between the Parties) of the Authority’s notice rejecting the first draft; 49.3.5 if the Authority consents to the Rectification Plan: (a) the Supplier shall immediately start work on the actions set out in the Rectification Plan; and (b) the Authority may no longer terminate this Contract in whole or in part on the grounds of the relevant Notifiable Default; and 49.3.6 the Authority may reject the draft or revised Rectification Plan submitted to it under Clause 49.3.4 by notice to the Supplier if, acting reasonably, it considers that the draft Rectification Plan is inadequate, for such reasons including: (a) it is insufficiently detailed to be capable of proper evaluation; (b) it will take too long to complete; (c) it will not prevent reoccurrence of the Notifiable Default; and/or (d) it will rectify the Notifiable Default but in a manner which is unacceptable to the Authority.