Remedial Action Plan. (if applicable)
3.2.1 Identify Missed Construction Milestone
3.2.2 Explain plans to achieve missed Construction Milestone
3.2.3 Explain plans to achieve subsequent Construction Milestones
3.2.4 Identify and discuss (a) delays in engineering schedule, equipment procurement, and construction and interconnection schedule and (b) plans to remedy delays as a result of the missed Construction Milestones
Remedial Action Plan. If a Remedial Action Plan is to be implemented, the Authority and the Provider must agree the contents of the Remedial Action Plan within:
Remedial Action Plan. (a) If a Remedial Action Plan is to be implemented, the Parties must agree upon the contents of the Remedial Action Plan within 5 Business Days following the Contract Management Meeting.
(b) The Remedial Action Plan must set out:
Remedial Action Plan. If deficiencies or weaknesses are cited on the evaluation or observation document, the evaluator, working with the evaluatee, shall develop a written remedial action plan for the purpose of assisting the evaluate to improve. The remedial action plan shall be attached to the observation/evaluation document and shall contain:
a. Areas where improvement is needed.
b. Specific suggestions for improvement of deficiencies or weak areas cited on the evaluation or observation.
c. Specific plans of the evaluator to provide personal and resource assistance in a reasonable effort to help the teacher improve.
d. Techniques for the assessment of improvement. The Remedial Action Plan shall be developed and signed by both parties within five (5) workdays from the date on the document leading to the development of the plan. The five-day period will be extended because of absence of either party. The Association may be involved in this process.
Remedial Action Plan. If Seller misses three (3) or more Milestones, other than a Guaranteed Project Milestone, or misses any one (1) by more than ninety (90) days, except as the result of Force Majeure, Seller shall submit to Buyer, within ten (10) Business Days of such missed Milestone completion date, a remedial action plan (“Remedial Action Plan”), which is outlined in the Monthly Progress Report and requires Seller to provide a detailed description of its proposed course of action to achieve the missed Milestones and all subsequent Milestones by the Guaranteed Commercial Operation Date; provided, that delivery of any Remedial Action Plan shall not relieve Seller of its obligation to meet any subsequent Milestones and the Guaranteed Commercial Operation Date. If the missed Milestone(s) is a Guaranteed Project Milestone, then subsection (iv) below shall apply.
Remedial Action Plan. A Remedial Action Plan will be written when there is a final determination of needs improvement or unsatisfactory, or when the evaluator determines that deficiencies or weaknesses cited on an observation report may lead to an unsatisfactory evaluation. This plan shall be developed and signed by both parties within five (5) workdays from the date of the conference. The five-day period may be extended by mutual consent. Needs improvement or unsatisfactory will result in a remediation plan. A final rating of “Unsatisfactory” will result in a referral to a program of assistance. A final rating of “Needs Improvement” rating may result in a referral to a program of assistance. The Remedial Action Plan shall be attached to the observation/evaluation report and shall contain:
7.7.1 Areas where improvement is needed;
7.7.2 Specific suggestions for improvement of deficiencies cited;
7.7.3 Specific plans of the evaluator to provide personal and resource assistance in a reasonable effort to help the teacher improve; and
7.7.4 Techniques for the assessment of improvement.
Remedial Action Plan. If Seller misses three (3) or more Milestones, or misses any one (1) Milestone by more than ninety (90) days, except as the result of Force Majeure Event or Buyer Default, Seller shall submit to Buyer, within ten (10) Business Days of such missed Milestone completion date, a remedial action plan (“Remedial Action Plan”), which will describe in detail any delays (actual or anticipated) beyond the scheduled Milestone dates, including the cause of the delay, if known (e.g., governmental approvals, financing, property acquisition, design activities, equipment procurement, project construction, interconnection, or any other factor), Seller’s detailed description of its proposed course of action to achieve the missed Milestones and all subsequent Milestones by the date sixty (60) days after the Guaranteed Commercial Operation Date; provided, that delivery of any Remedial Action Plan shall not relieve Seller of its obligation to provide Remedial Action Plans with respect to any subsequent Milestones in accordance with the terms of this Agreement. Subject to the provisions of Exhibit B, so long as Seller complies with its obligations under this Section 2.4, Seller shall not be considered in default of its obligations under this Agreement solely as a result of missing any Milestone.
Remedial Action Plan. In the event Seller does not timely achieve a Reporting Milestone, Seller shall submit to Company, within ten (10) Business Days of any such missed Reporting Milestone date, a remedial action plan which shall provide a detailed description of Seller’s course of action and plan to achieve (a) the missed Reporting Milestone within ninety (90) Days of the missed Reporting Milestone date; and (b) all subsequent Construction Milestones; provided, that delivery of any remedial action plan shall not relieve Seller of its obligation to timely achieve such Construction Milestones.
Remedial Action Plan. (a) If a Remedial Action Plan is to be implemented, the Parties must agree upon the contents of the Remedial Action Plan within 5 Business Days following the Contract Management Meeting.
(b) The Remedial Action Plan must set out:
(i) milestones for performance to be remedied;
(ii) the date by which each milestone must be completed; and
(iii) the consequences for failing to meet each milestone by the specified date.
(c) The Service Provider must implement or meet the milestones applicable to it within the timeframes set out in the Remedial Action Plan.
(d) The Service Provider must record progress made or developments under the Remedial Action Plan in accordance with its terms.
(e) If the Parties cannot agree on a Remedial Action Plan within the relevant period specified under this Schedule “H”, then the Parties shall resolve any such dispute in accordance with the dispute resolution mechanism as set out in Section 9.4.
(f) If following implementation of a Remedial Action Plan:
(i) the matters that gave rise to the relevant Contract Query Notice have been resolved, it shall be agreed upon between the Parties that the Remedial Action Plan has been completed;
(ii) any matter that gave rise to the relevant Contract Query Notice remains in the reasonable opinion AHS unresolved, AHS may issue a further Contract Query Notice in respect of that matter.
Remedial Action Plan. If Seller misses three (3) or more Milestones, or misses any one (1) by more than ninety (90) days, except as the result of Force Majeure Event or Buyer Default, Seller shall submit to Buyer, within ten (10) Business Days of such missed Milestone completion date, a remedial action plan (“Remedial Action Plan”), which will describe in detail any delays (actual or anticipated) beyond the scheduled Milestone dates, including the cause of the delay (e.g., governmental approvals, financing, property acquisition, design activities, equipment procurement, project construction, interconnection, or any other factor), Seller’s detailed description of its proposed course of action to achieve the missed Milestones and all subsequent Milestones by the Guaranteed Commercial Operation Date; provided that delivery of any Remedial Action Plan shall not relieve Seller of its obligation to provide Remedial Action Plans with respect to any subsequent Milestones and to achieve the Guaranteed Commercial Operation Date in accordance with the terms of this Agreement.
