Remedial Plan. If a party acting in good faith believes the other party has committed a material breach of this Agreement, such party will, prior to exercising its right under Section 12.3, escalate the matter by written notice given to the breaching party for good faith discussion and resolution. If after thirty (30) Business Days following such written notice, the parties have not agreed to a remedial plan, such party may proceed to provide the other party of written notice of material breach of the Agreement.
Remedial Plan. Without affecting the requirements of Section 7.4, if Contractor fails to achieve any Milestone by the date that is ten (10) days after the date corresponding thereto in the Milestone Payment Schedule, Contractor shall submit a Remedial Plan to Owner, which shall specify the corrective actions Contractor will take and the commencement date of such corrective action, for Owner’s approval, which shall not be unreasonably withheld or delayed. The corrective actions described in the Remedial Plan that Contractor proposes to undertake with respect to the Work must be designed and intended to achieve Substantial Completion by the Guaranteed Substantial Completion Date without a material risk of damaging or diminishing the performance of any of the Work.
Remedial Plan. 58.5.1 In the event of the occurrence of one or more of the circumstances described in Clause 58.4 ("the Event") the Council shall require the Organisation to produce a remedial plan ("the Remedial Plan") within 20 Working Days or such other shorter period as the Council may reasonably require of the occurrence of the Event.
58.5.2 The Remedial Plan shall:
(i) contain an analysis by the Organisation of the reasons why the Event occurred;
(ii) set out what steps the Organisation proposes to take to deal with the Event and/or establish appropriate improvement targets and timeframes;
(iii) set out what steps the Organisation proposes to take to avoid a recurrence of the Event;
(iv) in relation to the circumstances in Clause 13.7 identify what action the Organisation proposes to take to provide the Services in accordance with the requirements of Clause 13.1. The Council shall notify the Organisation within 20 Working Days of receipt of the Remedial Plan whether it is agreed or rejected.
58.5.3 If the Council rejects a Remedial Plan proposed by the Organisation the Council shall give reasons. In these circumstances the Organisation shall within a further 10 Working Days propose a revised Remedial Plan taking account of the Council's reason for rejection and any amendments proposed by the Council. The Council will then decide whether to accept or reject the revised Remedial Plan and in the absence of agreement between the parties the matter shall be determined in accordance with Clause 60.
58.5.4 If
(i) the Event leading to the production of the Remedial Plan recurs within 3 months of the implementation of the Remedial Plan; or
(ii) the Services do not improve in accordance with any agreed improvement target confirmed in the Remedial Plan, or
(iii) the Council has rejected a Remedial Plan in accordance with Clause 58.5.3 and no suitable Remedial Plan is subsequently submitted and approved by the Council; the Council will be entitled to exercise the rights described in Clause 58.3.
Remedial Plan. (i) In the event that a Development Entity Default occurs and it has not been cured within any relevant cure period set out in Section 22.3 (Initial Notice and Cure Periods) the Department may, without prejudice to any other right or remedy available to it, require the Development Entity to prepare and submit, within twenty (20) Business Days of being notified of such requirement, a remedial plan that shall set out a schedule and specific actions to be taken by the Development Entity to cure the relevant Development Entity Default and reduce the likelihood of such defaults occurring in the future. Such actions may, amongst other things, include improvements to the Development Entity’s quality management practices, plans and procedures, revising and restating management plans, changes in organizational and management structure, increased monitoring and inspections, changes in Key Personnel and other important personnel, and replacement of Contractors.
(ii) Within twenty (20) Business Days of receiving any remedial plan pursuant to Section 22.4(a)(i), the Department shall notify the Development Entity whether or not the relevant remedial plan is, in the Department’s sole discretion, acceptable. If Department notifies the Development Entity that the relevant remedial plan is acceptable, the Development Entity shall implement such remedial plan in accordance with its terms.
Remedial Plan. In the event of the occurrence of one or more of the circumstances described in Clause 65.4 (“the Event”) the Council shall require the Organisation to produce a remedial plan (“the Remedial Plan”) within 20 Working Days or such other shorter period as the Council may reasonably require of the occurrence of the Event.
Remedial Plan. If, at any time, Owner reasonably determines that Contractor’s methods, equipment or work force are inefficient or inadequate for securing the rate of progress required to comply with the critical path of the Baseline Schedule, including achievement of any Key Contractor Schedule Milestone by its Key Contractor Schedule Milestone Date, or Contractor fails to achieve any Key Contractor Schedule Milestone by its Key Contractor Schedule Milestone Date, Owner may order Contractor in writing to increase such efficiency and adequacy, and Contractor shall, at Contractor’s sole cost, improve its methods or change or supplement the work force and Construction Equipment or perform the Work on an overtime or multiple shift basis to such an extent as to give Owner reasonable assurance of compliance (or regaining compliance) with the Baseline Schedule, including achievement of each Key Contractor Schedule Milestone by its Key Contractor Schedule Milestone Date (to the extent not already passed). Within five (5) Business Days of any such order from Owner, or such longer period as approved by Owner, Contractor shall submit to Owner for review and approval a comprehensive plan of corrective actions, including acceleration if appropriate, to overcome any deficiency and to regain a rate of progress to comply (or regain compliance) with the Baseline Schedule (the “Remedial Plan”), which Remedial Plan shall represent Contractor’s best judgment as to how it shall comply (or regain compliance) with the Baseline Schedule and contain sufficient detail to demonstrate the means by which Contractor shall comply (or regain compliance) with the Baseline Schedule, including the improvements, changes, increases, supplements and performance described above. Such Remedial Plan shall include the period of time in which Contractor proposes to complete the corrective actions, which period of time shall not extend beyond the Key Contractor Schedule Milestone Date for Substantial Completion without the prior written approval of Owner, which approval may be withheld by Owner in its discretion. The Parties shall consult in good faith to determine what measures to include in such Remedial Plan, which shall reflect all comments of Owner. Unless the underlying cause for such deficient rate of progress entitles Contractor to a Change Order, neither the preparation nor the implementation of such Remedial Plan shall entitle Contractor to a Change Order. If Contractor does not comply with Owner’s order...
Remedial Plan. In such event, either upon its own action or upon Notice from the Owner, Developer shall provide the Owner a written completion plan detailing the measures (such as increasing workforce) that Developer will implement to achieve Substantial Completion as soon as practicable (the “Developer Remedial Plan”) and which Developer Remedial Plan shall (i) be adequate to provide the Owner with commercially reasonable assurance that, upon completion of such plan, Developer will achieve Substantial Completion within the time period required under this Developer Agreement and (ii) designate such reasonable major milestones as are reasonably appropriate in the circumstances as benchmarks for Developer’s progress in prosecuting the Developer Remedial Plan. If the Owner, in good faith, determines that any Developer Remedial Plan proposed by Developer fails to satisfy the foregoing requirements, the Owner shall deliver Notice to Developer, specifying the reasons for the Owner’s dissatisfaction with such Developer Remedial Plan, and Developer shall, in good faith, propose such revisions to the Developer Remedial Plan as soon as practical as necessary to conform such Developer Remedial Plan to the requirements of this Section 9.3.2. If the Owner so requests, Developer agrees to confer with the Owner regarding the Developer Remedial Plan prior to submission to the Owner. Notwithstanding the foregoing or anything herein to the contrary, in the event that the prosecution of the Hotel Project Improvements Work pursuant to such Developer Remedial Plan will not be undertaken by the Contractor or by a Qualified Contractor acting on behalf of the Qualified Surety under the then existing Hotel Project Improvements Construction Contract Bond, then the Owner Representative shall have the right to Approve the Developer Remedial Plan, such Approvals not to be unreasonably withheld.
Remedial Plan.
a) In addition to any other rights and remedies that TenCate may have, if TenCate notifies the Contractor that it has identified a breach by the Contractor of this Agreement (Breach Notification) the parties will meet immediately at TenCate’s request and discuss the reasons for the breach.
b) Within eight Business Days of the Breach Notification, the Contractor must provide TenCate with a remedial action plan (Remedial Plan), including a time schedule that is satisfactory to TenCate.
c) If the Contractor does not provide TenCate with a Remedial Plan that is satisfactory to TenCate within eight Business Days of the Breach Notification or the Remedial Plan is not implemented to TenCate's satisfaction in accordance with the approved time schedule, TenCate may:
(i) appoint a third party to carry out the Contractor’s obligations, at the Contractor’s cost; and/or
(ii) terminate this Agreement in full.
Remedial Plan. 1.1 If the SRA notifies the Assessment Supplier that it requires the Assessment Supplier to comply with the Remedial Plan Process in accordance with Clauses 13.7(b) or 35.6, Paragraph 3 of Schedule 6 (Service Levels) or Paragraph 5.4 of Schedule 18 (Exit Management), the Assessment Supplier shall provide the SRA with a draft Remedial Plan for review without delay and, in any event, no later than five Business Days (or such other period as the parties may agree).
1.2 The Assessment Supplier shall ensure that each Remedial Plan:
(a) specifies the steps that the Assessment Supplier proposes to take to remedy or to avoid the relevant failure (including actions and timings); and
(b) is in sufficient detail for it to be properly evaluated by the SRA.
1.3 If the SRA reasonably considers that a draft Remedial Plan provided by the Assessment Supplier under Paragraph 1.1 is:
(a) insufficiently detailed to be properly evaluated;
(b) will take too long to complete; and/or
(c) will not remedy the relevant failure or address sufficiently the issues it is aimed at addressing, the SRA may, at its sole discretion, either specify a further time period for the development and agreement of the Remedial Plan ("Extension Period") or escalate any issues with the draft Remedial Plan using the Dispute Resolution Procedure. Where the SRA specifies an Extension Period, the Assessment Supplier shall, within the Extension Period, produce such revised drafts of the Remedial Plan as the SRA may require and shall take into account in the Remedial Plan any reasonable comments by the SRA, so as to address the issues set out in Paragraphs 1.3(a),
Remedial Plan. 22.1 .1 The Employer may (but is under no obligation to do so) by written notice require the Contractor to produce a Remedial Plan if the Contractor: .1 is in breach of this Contract.
