REMEDIAL PLAN PROCESS Sample Clauses
REMEDIAL PLAN PROCESS. 38.1 Subject to Clause 38.2, if the Supplier commits a material Default and such Default is capable of remedy in accordance with Clause 61.1.1(a), or an event to which the Remedial Plan Process is stated to apply occurs, the Remedial Plan Process shall apply.
38.2 The Remedial Plan Process shall be without prejudice to the Authority's right to terminate this Contract without providing a remedy period in accordance with Clauses 61.1.1(b) and 61.1.2 to 61.1.6.
REMEDIAL PLAN PROCESS. 42.1 The Department may, but is not required to, operate the Remedial Plan Process in any one or more of the circumstances identified in Clauses 15.10, 27.3.1, 27.11, 44.1.3 or 53.13.1.
42.2 Subject to Clause 44.1.3 or 44.6.1, if the Contractor commits a material Default and the Default is capable of remedy, the Department may not terminate this Agreement in whole or in part without first operating the Remedial Plan Process.
42.3 The Remedial Plan Process is as follows:
42.3.1 The Department notifies the Contractor that it considers that the Contractor is in material Default, or the Department's right to operate the Remedial Plan Process in accordance with Clause 42.1 has arisen, and that it requires a Remedial Plan. The notice may specify the matters complained of in outline but must contain sufficient detail so that it is reasonably clear what the Contractor has to remedy.
42.3.2 The Contractor shall serve a draft Remedial Plan within five (5) Working Days (or any other period agreed by the Parties) even if the Contractor disputes that it is responsible for the matters complained of.
42.3.3 If the Department considers that the draft Remedial Plan is insufficiently detailed to be properly evaluated, or will take too long to complete or will not remedy the matters complained of then it shall inform the Contractor of its reasons promptly following its decision and shall either agree a further time period for the development and agreement of the Remedial Plan or escalate any issues with the draft Remedial Plan using the Escalation Process.β
42.3.4 If despite the measures taken under Clause 42.3.3 a Remedial Plan cannot be agreed within five (5) Working Days of the date of its submission then the Department may elect to end the Remedial Plan Process at the end of the escalation period set out in the Dispute Resolution Procedure and exercise its rights as set out in Clause 42.3.6
42.3.5 If a Remedial Plan is agreed between the Parties but the Contractor fails to implement the Remedial Plan the Department shall either give the Contractor a further opportunity to resume full implementation of the Remedial Plan or escalate any issues arising out of the failure to implement the Remedial Plan using the Escalation Process.
42.3.6 If the Department is entitled in accordance with Clause 42.3.4, or if the reasons for the Contractor's failure to implement a Remedial Plan have not been resolved despite the use of the Escalation Process in accordance with Clause 42.3.5, a...
REMEDIAL PLAN PROCESS. 38.1 Subject to Clause 38.2, if the Grantee commits a material Default and such Default is capable of remedy in accordance with Clause 61.1.1(a), or an event to which the Remedial Plan Process is stated to apply occurs, the Remedial Plan Process shall apply.
38.2 The Remedial Plan Process shall be without prejudice to the Welsh Ministers' right to terminate this Agreement without providing a remedy period in accordance with Clauses 61.1.1(b) and 61.1.2 to 61.1.6.
REMEDIAL PLAN PROCESS. Subject to clause 59.1.3 or 59.5.1, if the Supplier commits a material Default and the Default is capable of remedy, the Customer may not terminate this Contract in whole or in part without first operating the Remedial Plan Process.
REMEDIAL PLAN PROCESS. 41.1 If:
41.1.1 the Contractor has committed a breach to which Clause 40.2.1 relates and that is capable of remedy; or
41.1.2 a Persistent Service Failure has occurred, (in each case, a "Remediable Event") then the Contractor shall provide the DCC with a draft Remedial Plan within ten (10) Working Days (or any other period agreed by the parties in writing) the Remediable Event.
41.2 In respect of each Remediable Event, the Contractor shall appoint a named individual who is a director (and who is a member of the Contractor's main board) and during such person's absence for holiday, parental leave or illness or any other reason, a suitable interim replacement who is also a director and member of the Contractor's main board (the "Remedial Plan Sponsor") and who shall:
41.2.1 lead the effective and timely delivery by the Contractor of its obligations under this Clause 41 in respect of such Remediable Event;
41.2.2 appropriately supervise the day-to-day implementation of the Contractor of its obligations under this Clause 61 in respect of such Remediable Event;
41.2.3 provide the DCC with a detailed update in respect of (i) all relevant matters relating to the performance by the Contractor of its obligations under this Clause 61 and (ii) the progress made by the Contractor in remedying the circumstances that gave rise to the Remediable Event (including answering any reasonable questions raised by the DCC or those acting on its behalf):
41.2.3.1 in writing every five (5) Working Days; and
41.2.3.2 by way of face-to-face meetings with such representatives of the DCC as the DCC may reasonably elect (and at least every ten (10) Working Days).
41.3 In respect of each Remediable Event, the Contractor shall comply with any written notice by the DCC specifying any specific additional monitoring by the DCC and/or the Contractor of:
41.3.1 the Contractor's compliance with its obligations under this Clause 41; and/or
41.3.2 the implementation of any associated Remedial Plan, that the DCC may require, provided that such additional monitoring is reasonably proportionate to the circumstances giving rise to the Remediable Event and would not jeopardise the performance by the Contractor of its obligations under this Agreement. The Contractor shall reimburse the DCC in respect of any reasonable additional costs that are directly incurred by the DCC in respect of any such additional monitoring measures.
41.4 Each draft Remedial Plan issued by the Contractor pursuant to this Clau...
REMEDIAL PLAN PROCESS. 23.1 Where an Contracting Body (acting reasonably) considers that the Service Provider is in Default under the relevant Order, the Contracting Body may issue a notice to the Service Provider which shall set out details of the Default and the action which the Contracting Body requires the Service Provider to take so as to remedy the circumstances giving rise to the service of the relevant notice.
23.2 Without prejudice to any rights or remedies which either party may have under the relevant Order, the parties each agree to undertake any action which they are required to take as part of any plan which is agreed or determined pursuant to Clause 23.2.
REMEDIAL PLAN PROCESS. 41.1 If:
41.1.1 the Contractor has committed a breach to which Clause 40.2.1 relates and that is capable of remedy; or
41.1.2 a Persistent Service Failure has occurred, (in each case, a "Remediable Event") then the Contractor shall provide the DCC with a draft Remedial Plan within ten (10) Working Days (or any other period agreed by the parties in writing) the Remediable Event.
41.2 In respect of each Remediable Event, the Contractor shall appoint a named individual who is a director (and who is a member of the Contractor's main board) and during such person's absence for holiday, parental leave or illness or any other reason, a suitable interim replacement who is also a director and member of the Contractor's main board (the "Remedial Plan Sponsor") and who shall:
41.2.1 lead the effective and timely delivery by the Contractor of its obligations under this Clause 61 in respect of such Remediable Event;
41.2.2 appropriately supervise the day-to-day implementation of the Contractor of its obligations under this Clause 41 in respect of such Remediable Event;
41.2.3 provide the DCC with a detailed update in respect of (i) all relevant matters relating to the performance by the Contractor of its obligations under this Clause 43 and (ii) the progress made by the Contractor in remedying the circumstances that gave rise to the Remediable Event (including answering any reasonable questions raised by the DCC or those acting on its behalf):
REMEDIAL PLAN PROCESS. 53.1 If the Contractor commits a material Default and the Default is capable of remedy, the Authority shall not be entitled to terminate this Agreement without first operating the Remedial Plan Process.
53.2 The Remedial Plan Process is as follows:
REMEDIAL PLAN PROCESS. 46.1 Subject to clause 45.1.3 or 45.4.1, if the Contractor commits a material Default and the Default is capable of remedy, the Council may not terminate this Agreement in whole or in part without first operating the Remedial Plan Process.
46.2 The Remedial Plan Process is as follows:
REMEDIAL PLAN PROCESS. 61.1 Except as specified pursuant to Clause 55.4.1, , the Authority shall not terminate this Agreement in whole or in part pursuant to Clause 60.1.
3.1 without first operating the Remedial Plan Process. For the avoidance of doubt, other than for the circumstances in Clause 60.1.3.3 when a Remedial Plan Process could apply, if the circumstances in Clauses