Common use of Remedial Plan Clause in Contracts

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. 58.5.1 In the event of the occurrence of one or more of the circumstances described in Clause 58.4 65.4 ("“the Event"”) the Council shall may 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 6.110 identify what action the Organisation proposes to take to demonstrate that the Organisation is providing or will provide best value, in relation to the circumstances in Clause 16.6 identify what action the Organisation proposes to take to provide the Services in accordance with the requirements of Clause 13.116.1. 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 ’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 67. If (i) the Event leading to the production of the Remedial Plan recurs within 3 months of the implementation of the Remedial Plan; or or (ii) the Services do not improve in accordance with any agreed improvement target confirmed in the Remedial Plan, or or (iii) the Council has rejected a Remedial Plan in accordance with Clause 58.5.3 65.5.4 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 58.365.3. If the Agreement is terminated in whole or in part as provided in Clauses 65.3 the Council shall: be entitled to reoccupy any premises and repossess any other physical resources or assets licensed, loaned, or hired to the Organisation and to exercise a lien over any of the physical resources or any other thing belonging to the Organisation and shall have full and unfettered licence over all documents for use in connection with the Services, be entitled to employ and pay other persons to provide and complete the provision of the Services or any part thereof and to use all such Organisation’s physical resources or other things, and all such documents for the purpose thereof. If the Council exercises its rights under Clause 65.3 to terminate the whole or any part of the Agreement then in relation to the whole or any such part the Organisation shall, unless the Council requests otherwise: forthwith cease to perform any of the Services, immediately hold all rent and other sums collected or obtained under this Agreement on trust for the Council notwithstanding any right of retention under Clause 52, hand over this Agreement to the Council without detriment to the interest of the Council’s tenants or other customers of the Council. The Council undertakes to exercise its power to appoint and remove board members pursuant to the Articles of Association of the Organisation only in any of the circumstances described in Clauses 65.1 and 65.2 and then only for so long as (in the Council’s reasonable opinion) the relevant circumstances subsist. 66VARIATION OF CONTRACT Subject to Clause 63, no deletion from, addition to, or variation of this Agreement shall be valid or of any effect unless agreed in writing and signed by the parties 67DISPUTE RESOLUTION In Clause 6.8 in the event of any dispute between the Council and the Organisation arising out of or in connection with this Agreement the parties shall, subject to Clause 67.7, in the first instance use their reasonable endeavours to resolve it amicably between them in accordance with the procedure set out below: Stage 1: Representatives of the parties in dispute (being the officers having day to day responsibility of the area which is the subject of the dispute) shall meet within 3 Business Days. If they are unable to agree a unanimous resolution at such meeting or if there shall be no appropriate officers of each of the parties available to attend such meeting then move to Stage 2, Stage 2: The Council's Representative and the Organisation's Representative shall meet within 3 Business Days. If they are unable to agree a unanimous resolution at such meeting or if both representatives are not available to attend such a meeting then move to Stage 3, Stage 3: The Chief Executive of the Council and of the Organisation respectively or their nominated deputies shall meet within 3 Business Days. In seeking to resolve any dispute considered under Xxxxx 0, Xxxxx 2 or Stage 3 the parties shall apply the following principles: A spirit of mutual trust and co-operation, Both parties shall bear their own costs, Any unanimous decision shall be implemented. Disputes remaining unresolved after following the procedure set out in Clause 67.1 shall be referred to an expert to be agreed upon by the parties or in default of such agreement to be nominated by the President for the time being of the Chartered Institute of Housing or a person appointed by such President. The Expert appointed under Clause 67.2 shall be entitled to make such decision or award as the Expert thinks just and equitable having regard to all the circumstances then existing and the costs of such Expert shall follow the event or in the case of neither party succeeding such cost shall be apportioned between the parties by the Expert in such proportions as the Expert in his or her absolute discretion thinks fit. Any award of costs under Clause 67.3 shall be reflected in a variation to the current Delivery Plan. Any award or decision of the Expert under this Clause shall be final and binding on both parties save in the event of fraud or a mistake in law or material fact. Until such time as a dispute between the Organisation and the Council is resolved the Organisation shall continue to perform the Services in accordance with this Agreement. Where the circumstance of a dispute: are such that it must be settled by a given date in order to enable a party to meet a deadline imposed by a body with legitimate executive, legislative or judicial authority over it and the deadline or period is such as to preclude use of the full dispute resolution procedure, or are such that a party reasonably considers that there are other material reasons why the dispute must be settled within a given period or by a given date and the deadline or period is such as to preclude use of the full dispute resolution procedure then either party may invoke the Fast Track Procedure. A party invoking the Fast Track Procedure may omit Stage 2 and/or Stage 3 and proceed from Stage 1 direct to Stage 4. 68NOTICES Any demand, notice, or other communication required to be given hereunder shall be in writing and shall be sufficiently served if served personally on the addressee, or if sent by prepaid first class recorded delivery post, by telex, electronic mail or facsimile transmission to the registered office or last known address of the party to be served therewith and if so sent shall, subject to proof to the contrary, be deemed to have been received by the addressee on the second Working Day after the date of posting or on successful transmission, as the case may be. Notices served under Clause 68.1 shall be sent by first class recorded delivery mail (or equivalent). All other notices shall be sent by such means as the sending party deems appropriate.

Remedial Plan. 58.5.1 In the event of the occurrence of one or more of the circumstances described in Clause 58.4 clause 65.4 ("the Event") the Council shall may require the Organisation to produce a remedial plan ("the Remedial Plan") and submit the Remedial Plan to the Council's Representative within 20 twenty Working Days or such other shorter period as the Council may reasonably require of after 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 clause 6.9 identify what action the Organisation proposes to take to demonstrate that the Organisation is providing or will provide best value, in relation to the circumstances in clause 16.6 identify what action the Organisation proposes to take to provide the Services in accordance with the requirements of Clause 13.1clause 16.1. The Council shall notify the Organisation within 20 twenty 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 it shall give reasons. In these circumstances the Organisation shall within a further 10 ten Working Days propose a revised Remedial Plan taking account of the Council's reason reasons 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 clause 67. If (i) the Event leading to the production of the Remedial Plan recurs within 3 three months of the implementation of the Remedial Plan; or Plan or (ii) the Services do not improve in accordance with any agreed improvement target confirmed in the Remedial Plan, or or (iii) the Council has rejected a Remedial Plan in accordance with Clause 58.5.3 clause 65.5.4 and no suitable Remedial Plan is subsequently submitted and approved by the Council; 's Representative the Council will be entitled to exercise the rights described in Clause 58.3clause 65.3. If the Agreement is terminated as provided in clause 65.3 the Council shall: be entitled to reoccupy any premises and repossess any other physical resources or assets licensed, loaned, or hired to the Organisation and to exercise a lien over any of the physical resources or any other thing belonging to the Organisation and shall have full and unfettered licence over all documents for use in connection with the Services, be entitled to employ and pay other persons to provide and complete the provision of the Services or any part thereof and to use all such Organisation's physical resources or other things, and all such documents for the purpose thereof; in each case to the extent that the Council's Representative reasonably deems necessary to give effect to the Council's rights under clause 65.3. If the Council exercises its rights under clause 65.3 to terminate the whole or any part of the Agreement then in relation to the whole or any such part the Organisation shall, unless the Council requests otherwise: forthwith cease to perform any of the Services, immediately hold all rent and other sums collected or obtained under this Agreement on trust for the Council notwithstanding any right of retention under clause 52, hand over this Agreement to the Council without detriment to the interest of the Council's tenants or other customers of the Council. Notwithstanding any other provision of this Agreement, where a requirement is imposed by the Regulator under section 247(2) or section 249(2) of the Housing and Regeneration Xxx 0000: the Council and the Organisation shall make arrangements for the transfer of management functions from the Organisation, and the Council and the Organisation shall determine this Agreement, so far as is necessary to ensure that this Agreement does not continue to have effect in relation to those management functions which are the subject of such requirement. If at any time the Council ceases to be a member of the Organisation under the terms of the Organisation's Articles of Association or in any other way whatsoever then without prejudice to any antecedent breach of this Agreement, this Agreement shall determine forthwith with effect from the date of such cessation of membership. 66Variation of Contract Subject to clause 63, no deletion from, addition to, or variation of this Agreement shall be valid or of any effect unless agreed in writing and signed by the parties. 67Dispute Resolution Save as otherwise provided in this Agreement, in the event of any dispute between the parties arising out of or in connection with this Agreement the parties to such dispute shall, in the first instance use their reasonable endeavours to resolve it amicably between them in accordance with the procedure set out below: Stage 1: Representatives of the parties in dispute (being the officers having day to day responsibility of the area which is the subject of the dispute) shall meet within 3 Working Days. If they are unable to agree a resolution at such meeting or if there shall be no appropriate officers of each of the parties available to attend such meeting then move to Stage 2, Stage 2: The Council's Representative and the Organisation's Representative or their nominated deputies shall meet within 3 Working Days. If they are unable to agree a resolution at such meeting or if there shall be no appropriate officers of each of the parties available to attend such meeting then move to Stage 3, Stage 3: The Chief Executive of the Council and the Managing Director of the Organisation or their nominated deputies shall meet within 3 Working Days. In seeking to resolve any dispute considered under Xxxxx 0, Xxxxx 2 or Stage 3 the parties shall apply the following principles: A spirit of mutual trust and co-operation, Both parties shall bear their own costs, Any unanimous decision shall be implemented. Disputes remaining unresolved after following the procedure set out in clause 67.1 shall be referred back to the Council's Chief Executive whose decision shall be binding on the parties. The result of any dispute resolution procedure under this clause shall be final and binding on both parties (save in the event of fraud or a mistake in law or material fact) and shall where necessary be reflected in a variation to the current Delivery Plan to the extent relevant. Until such time as a dispute between the parties is resolved the Organisation shall continue to perform the Services in accordance with this Agreement.

Remedial Plan. 58.5.1 65.5.1 In the event of the occurrence of one or more of the circumstances described in Clause 58.4 clause 65.4 ("the Event") the Council shall may require the Organisation to produce a remedial plan ("the Remedial Plan") and submit the Remedial Plan to the Council's Representative within 20 twenty Working Days or such other shorter period as the Council may reasonably require of after the occurrence of the Event. 58.5.2 65.5.2 The Remedial Plan shall: (ia) contain an analysis by the Organisation of the reasons why the Event occurred;, (iib) set out what steps the Organisation proposes to take to deal with the Event and/or establish appropriate improvement targets and timeframes;, (iiic) set out what steps the Organisation proposes to take to avoid a recurrence of the Event;, (ivd) in relation to the circumstances in Clause 13.7 clause 6.9 identify what action the Organisation proposes to take to demonstrate that the Organisation is providing or will provide best value, (e) in relation to the circumstances in clause 16.6 identify what action the Organisation proposes to take to provide the Services in accordance with the requirements of Clause 13.1. clause 16.1. 65.5.3 The Council shall notify the Organisation within 20 twenty Working Days of receipt of the Remedial Plan whether it is agreed or rejected. 58.5.3 65.5.4 If the Council rejects a Remedial Plan proposed by the Organisation the Council it shall give reasons. In these circumstances the Organisation shall within a further 10 ten Working Days propose a revised Remedial Plan taking account of the Council's reason reasons 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 60clause 67. 58.5.4 If 65.5.5 If (i) the Event leading to the production of the Remedial Plan recurs within 3 three months of the implementation of the Remedial Plan; or Plan or (ii) the Services do not improve in accordance with any agreed improvement target confirmed in the Remedial Plan, or or (iii) the Council has rejected a Remedial Plan in accordance with Clause 58.5.3 clause 65.5.4 and no suitable Remedial Plan is subsequently submitted and approved by the Council; 's Representative the Council will be entitled to exercise the rights described in Clause 58.3clause 65.3.

Remedial Plan. 58.5.1 65.5.1 In the event of the occurrence of one or more of the circumstances described in Clause 58.4 65.4 ("“the Event"”) the Council shall require the Organisation to produce a remedial plan ("the Remedial Plan") 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 65.5.2 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; (iviii) in relation to the circumstances in Clause 13.7 6.11 identify what action the Organisation proposes to take to demonstrate that the Organisation is providing or will provide the Services in accordance with the requirements of Clause 13.1. best value. 65.5.3 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 65.5.4 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 ’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 60.67.. 58.5.4 If 65.5.5 If (i) the Event leading to the production of the Remedial Plan recurs within [3 months months] of the implementation of the Remedial Plan; or or (ii) the Services do not improve in accordance with any agreed improvement target confirmed in the Remedial Plan, or or (iii) the Council has rejected a Remedial Plan in accordance with Clause 58.5.3 Clause 65.5.4 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 58.365.3. 65.6 If the Agreement is terminated in whole or in part as provided in Clauses 65.3 the Council shall: 65.6.1 be entitled to reoccupy any premises and repossess any other physical resources or assets licensed, loaned, or hired to the Organisation and to exercise a lien over any of the physical resources or any other thing belonging to the Organisation and shall have full and unfettered licence over all documents for use in connection with the Services; 65.6.2 be entitled to employ and pay other persons to provide and complete the provision of the Services or any part thereof and to use all such Organisation’s physical resources or other things, and all such documents for the purpose thereof 65.7 If the Council exercises its rights under this Clause 65 to terminate the whole or any part of the Agreement then in relation to the whole or any such part:- 65.7.1 the Organisation shall, unless the Council requests otherwise, forthwith cease to perform any of the Services 65.7.2 immediately hold all rent and other sums collected or obtained under this Agreement on trust for the Council notwithstanding any right of retention under Clause 52 65.7.3 hand over this Agreement to the Council without detriment to the interest of the Council’s tenants or other customers of the Council. 65.8 The Council undertakes to exercise its power to appoint and remove board members pursuant to the Articles of Association of the Organisation only in any of the circumstances described in Clauses 65.1 and 65.2 and then only for so long as (in the Council’s reasonable opinion) the relevant circumstances subsist.