Common use of Rectification Plan Clause in Contracts

Rectification Plan. If the Service Provider becomes aware that there is, or there is reasonably likely to be a Delay, the following process shall apply: as soon as practicable the Service Provider shall notify the Purchaser of the Delay but in any event within three (3) Working Days of becoming aware of the Delay, detailing the actual or anticipated effect of the Delay; the Service Provider shall submit a draft rectification plan outlining how the Service Provider shall rectify the Delay which as a minimum shall include: (a) full details of the Delay that has occurred, including a root cause analysis; (b) the actual or anticipated effect of the Delay; and (c) the steps which the Service Provider proposes to take to rectify the Delay (if applicable) and to prevent such Delay from recurring, including timescales for such steps and for the rectification of the Delay (where applicable) (the “Rectification Plan”) to the Purchaser for it to review as soon as possible and in any event within ten (10) Working Days (or such other period as may be agreed between the Parties) after the original notification pursuant to clause 24.3.1; the Service Provider shall promptly provide to the Purchaser any further documentation that the Purchaser reasonably requires to assess the Service Provider’s root cause analysis; if the Parties do not agree on the root cause set out in the draft Rectification Plan, either Party may refer the matter to be determined in accordance with the dispute resolution process set out in clause 61 (Dispute Resolution); the Purchaser may reject the draft Rectification Plan by notice to the Service Provider if, acting reasonably, it considers that the draft Rectification Plan is inadequate; the Purchaser shall notify the Service Provider whether it consents to the draft Rectification Plan as soon as reasonably practicable; if the Purchaser rejects the draft Rectification Plan, the Purchaser shall give reasons for its decision and the Service Provider shall take the reasons into account in the preparation of a revised Rectification Plan; the Service Provider shall submit the revised draft of the Rectification Plan to the Purchaser for review within five (5) Working Days (or such other period as agreed between the Parties) of the Purchaser’s notice rejecting the first draft; if the Purchaser consents to the Rectification Plan the Service Provider shall immediately start work on the actions set out in the Rectification Plan; and at all times when complying with its obligations under this clause 24.3.10, the Service Provider shall use all reasonable endeavours to eliminate or mitigate the consequences of any Delay. For the avoidance of doubt, clause 24.3 is without prejudice to any of the Purchaser’s other rights and/or remedies under this Contract.

Rectification Plan. If the Service Provider becomes aware that there is, or there is reasonably likely to be be, a Delay, the following process shall apply: as soon as practicable the Service Provider shall notify the Purchaser of the Delay but in any event within three (3) Working Days of becoming aware of the Delay, detailing the actual or anticipated effect of the Delay (provided always that if the Service Provider does not do so then the Purchaser may inform the Service Provider if it becomes aware that there is, or there is reasonably likely to be, a Delay); the Service Provider shall submit a draft rectification plan outlining how the Service Provider shall rectify the Delay which as a minimum shall include: (a) full details of the Delay that has occurred, including a root cause analysis; (b) the actual or anticipated effect of the Delay; and (c) the steps which the Service Provider proposes to take to rectify the Delay (if applicable) and to prevent such Delay from recurring, including timescales for such steps and for the rectification of the Delay (where applicable) (the “Rectification Plan”) to the Purchaser for it to review as soon as possible and in any event within ten (10) Working Days (or such other period as may be agreed between the Parties) after the original notification pursuant to clause 24.3.1; the Service Provider shall promptly provide to the Purchaser any further documentation that the Purchaser reasonably requires to assess the Service Provider’s root cause analysis; if the Parties do not agree on the root cause set out in the draft Rectification Plan, either Party may refer the matter to be determined in accordance with the dispute resolution process set out in clause 61 (Dispute Resolution); the Purchaser may reject the draft Rectification Plan by notice to the Service Provider if, acting reasonably, it considers that the draft Rectification Plan is inadequate; the Purchaser shall notify the Service Provider whether it consents to the draft Rectification Plan as soon as reasonably practicable; if the Purchaser rejects the draft Rectification Plan, the Purchaser shall give reasons for its decision and the Service Provider shall take the reasons into account in the preparation of a revised Rectification Plan; the Service Provider shall submit the revised draft of the Rectification Plan to the Purchaser for review within five (5) Working Days (or such other period as agreed between the Parties) of the Purchaser’s notice rejecting the first draft; if the Purchaser consents to the Rectification Plan the Service Provider shall immediately start work on the actions set out in the Rectification Plan; and at all times when complying with its obligations under this clause 24.3.1024.3, the Service Provider shall use all reasonable endeavours to eliminate or mitigate the consequences of any Delay. For the avoidance of doubt, clause 24.3 is without prejudice to any of the Purchaser’s other rights and/or remedies under this Contract.

Rectification Plan. If the Service Provider becomes aware that there is, or there is reasonably likely to be a Delay, the following process shall apply: as soon as practicable the Service Provider shall notify the Purchaser of the Delay but in any event within three (3) Working Days of becoming aware of the Delay, detailing the actual or anticipated effect of the Delay; the Service Provider shall submit a draft rectification plan outlining how the Service Provider shall rectify the Delay which as a minimum shall include: (a) full details of the Delay that has occurred, including a root cause analysis; (b) the actual or anticipated effect of the Delay; and (c) the steps which the Service Provider proposes to take to rectify the Delay (if applicable) and to prevent such Delay from recurring, including timescales for such steps and for the rectification of the Delay (where applicable) (the “Rectification Plan”) to the Purchaser for it to review as soon as possible and in any event within ten (10) Working Days (or such other period as may be agreed between the Parties) after the original notification pursuant to clause 24.3.1; the Service Provider shall promptly provide to the Purchaser any further documentation that the Purchaser reasonably requires to assess the Service Provider’s root cause analysis; if the Parties do not agree on the root cause set out in the draft Rectification Plan, either Party may refer the matter to be determined in accordance with the dispute resolution process set out in clause 61 61. (Dispute Resolution); the Purchaser may reject the draft Rectification Plan by notice to the Service Provider if, acting reasonably, it considers that the draft Rectification Plan is inadequate; the Purchaser shall notify the Service Provider whether it consents to the draft Rectification Plan as soon as reasonably practicable; if the Purchaser rejects the draft Rectification Plan, the Purchaser shall give reasons for its decision and the Service Provider shall take the reasons into account in the preparation of a revised Rectification Plan; the Service Provider shall submit the revised draft of the Rectification Plan to the Purchaser for review within five (5) Working Days (or such other period as agreed between the Parties) of the Purchaser’s notice rejecting the first draft; if the Purchaser consents to the Rectification Plan the Service Provider shall immediately start work on the actions set out in the Rectification Plan; and at all times when complying with its obligations under this clause 24.3.10, the Service Provider shall use all reasonable endeavours to eliminate or mitigate the consequences of any Delay. For the avoidance of doubt, clause 24.3 is without prejudice to any of the Purchaser’s other rights and/or remedies under this Contract.