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. [Guidance: This clause sets out a process giving the Contractor the opportunity to remedy material Defaults committed by it prior to any termination rights arising. Clauses 55.1.3 and 55.5.1 require this process to be followed before a right of termination or partial termination arises. However, it should not apply where a remedial plan process already applies, e.g. the Correction Plan process in clause 6 (Delays Due to Contractor Default).]
56.1 Subject to clause 55.1.3 or 55.5.1, if the Contractor commits a material Default and the Default is capable of remedy, the Authority may not terminate this Agreement in whole or in part without first operating the Remedial Plan Process.
56.2 The Remedial Plan Process is as follows:
56.2.1 The Authority notifies the Contractor that it considers that the Contractor is in material Default 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.
56.2.2 The Contractor shall serve a draft Remedial Plan within [20] Working Days (or any other period agreed by the parties) even if the Contractor disputes that it is responsible for the matters complained of.
56.2.3 If the Authority 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 may 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.
56.2.4 If despite the measures taken under clause 56.2.3 a Remedial Plan cannot be agreed within [10] Working Days of the date of its submission then the Authority may elect to end the Remedial Plan Process at the end of the escalation period set out in the Dispute Resolution Procedure and serve a Termination Notice which will take effect unless the Contractor remedies the Default within a period specified in the Termination Notice which shall not be less than [30] days from the date on which the Termination Notice is sent to the Contractor.
56.2.5 If a Remedial Plan is agreed between the parties but the Contractor fails to implement the Remedial Plan the Authority may 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 Es...
REMEDIAL PLAN PROCESS. (a) If at any time the Authority has serious concerns about:
(i) the Contractor's continuing ability to meet its obligations under the Services Agreement; or
(ii) public protection and safeguards; or
(iii) national security; or
(iv) information security, and those concerns relate to the Services (Serious Concerns), the Contractor shall be entitled to initiate the process set out in Clause 2.5(b) (Remedial Plan Process).
(b) The Remedial Plan Process shall be as follows:
(i) The Contractor shall notify the Subcontractor that the Authority has Serious Concerns relating to the Services and that the Contractor requires the Subcontractor to provide a plan to specify how the Serious Concerns will be addressed (Remedial Plan). The notice shall specify the Serious Concerns in outline but must contain sufficient detail so that it is reasonably clear to the Subcontractor the matters it has to remedy.
(ii) The Subcontractor shall provide a draft Remedial Plan to the Contractor within 20 Business Days (or any other period agreed by the parties in writing) after the date of the notice referred to in Clause 2.5(b)(i) even if the Subcontractor disagrees with the Serious Concerns or disputes that it is responsible for the matters which are the subject of the Serious Concerns.
(iii) If:
(A) the Subcontractor does not provide a Remedial Plan;
(B) the Authority or the Contractor considers that the draft Remedial Plan is insufficiently detailed to be properly evaluated, will take too long to complete or will not address adequately the Serious Concerns or
(C) the parties and the Authority cannot agree the Remedial Plan, the Contractor may either agree a further time period for the development and agreement of the Remedial Plan or the Contractor may escalate any issues with the draft Remedial Plan using the Escalation Process.
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. 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
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. 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. 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. 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.
