Remedial Plans Sample Clauses

Remedial Plans. (a) If the Purchaser determines (acting reasonably) that Metal (or certain alloys) supplied by the Supplier from a particular Supplier Facility under this Agreement persistently does not meet the Specifications (other than in the circumstances described in Schedule 6 in relation to PPM Levels, to which the provisions of Schedule 6 and not this Section 2.11 shall apply) promptly (and in any event within 30 Business Days) following a request by the Purchaser (and as soon as reasonably possible, in a situation of emergency, in which case the Supplier shall also propose emergency response measures (including identifications of potentially defective castings)), the Parties shall meet to discuss a remedial plan to rectify the failure of Metal to meet the Specifications, which plan shall include a timeframe for rectification (a “Remedial Plan”), with a view to the Supplier providing a final Remedial Plan to the Purchaser within 20 Business Days following such meeting. The Supplier shall use Commercially Reasonable Endeavours to implement the emergency response measures and the Remedial Plan in accordance with the timeframe set out in the Remedial Plan. (b) If, following the time that is the earlier of the final date for rectification in the timeframe set out in the Remedial Plan and 120 days after the date on which the Purchaser requested a Remedial Plan pursuant to Section 2.11(a), the Supplier has not remedied the breaches described in Section 2.11(a) which are the subject of the Remedial Plan, (i) the Purchaser shall, acting reasonably, be entitled to notify the Supplier in writing that the relevant Supplier Facility is no longer qualified for the supply of Metal (or certain alloys, as the case may be) under this Agreement, with such de-qualification to take immediate effect, and (ii), at the Purchaser’s election, the Remedial Plan process shall be reinitiated as described in Section 2.11(a). Promptly following any such de-qualification, the Parties shall work together in good faith to launch a mutually agreeable re-qualification process for the relevant Metal alloys or Supplier Facility, as the case may be. (c) In the event of any such de-qualification pursuant to Section 2.11, the quantity of Metal that the Purchaser is required to purchase under this Agreement shall, at the Purchaser’s election, be reduced in proportion to the quantity of Metal impacted by such de-qualification as compared to the total quantity to be supplied under this Agreement for any gi...
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Remedial Plans. 8.1 Subject to the provisions of Schedule 10.1, as amended by this Agreement, the requirement to submit a Remedial Plan shall be suspended for the duration of EMA2.
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Remedial Plans. If Contractor elects to attempt to satisfy the applicable Performance Guarantees as provided in Section 15.4.1(b), Contractor shall submit a Remedial Plan for such Unit to Owner for review and approval, such approval not to be unreasonably withheld. Each Remedial Plan shall, at a minimum, specify the corrective actions Contractor proposes to take, the commencement date of such corrective action, the component or system that will be tested after such corrective actions are implemented, and the tests that will be performed on such component or system, including any Performance Tests, and any required Outage Periods for such corrective actions and tests. The corrective actions described in the Remedial Plan that Contractor proposes to undertake with respect to the Work must be designed and intended to cause the Project to satisfy the applicable Performance Guarantees without negative effects on Acceptance Tests results used to obtain Substantial Completion, must have a reasonable probability of success, and may not involve a material risk of damaging or diminishing the performance of any of the Work. The projected completion date for such corrective action must fall within the Cure Period. If in any dispute between Owner and Contractor regarding the approval of a proposed Remedial Plan it is determined that Owner’s failure to approve a proposed Remedial Plan was in violation of this Agreement, Contractor’s sole remedy for such violation shall be an equitable extension of the Cure Period, and such failure shall not otherwise be considered a breach of any covenant, condition, representation or warranty of Owner, and shall not be construed as an Owner Event of Default.
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Remedial Plans. 8.1 Subject to the provisions of Schedule 10.1 of the Franchise Agreement, as amended by this Agreement, the requirement to submit a Remedial Plan shall be suspended for the duration of the EMA. 8.2 Any Remedial Plans or Improvement Plans that are in place at the start of the EMA will be reviewed by the Authority within thirty (30) Weekdays and the Authority shall determine (acting in its absolute discretion) and confirm in writing whether the Remedia l Plan will be: (a) continued "as is"; (b) delayed; (c) suspended; or (d) reduced in scope or application.
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Remedial Plans. 8.1 Subject to the provisions of Schedule 10.1 of the Franchise Agreement, as amended by this Agreement, the requirement to submit a Remedial Plan shall be suspended for the duration of EMA2. 8.2 During the term of EMA2 the Franchisee shall continue to implement and comply with the NRPS Remedial Agreement agreed between the Parties on 30 August 2019 (as subsequently amended on 30 May 2020) and as reduced in scope by agreement of the Parties on 4 June 2020 pursuant to the proposals of the Scottish Ministers of 30 April 2020.
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Remedial Plans. 8.1 Subject to the provisions of Schedule 10.1, as amended by this Agreement, the requirement to submit a Remedial Plan shall be suspended for the duration of the EMA. 8.2 Any Remedial Plans or Improvement Plans that are in place at the start of the EMA will be reviewed by the Scottish Ministers within thirty (30) Weekdays and the Scottish Ministers shall determine (acting in its reasonable discretion and taking into account the reasonable representations of the Franchisee ) and confirm in writing whether the Remedial Plan will be: (a) continued "as is"; (b) delayed; (c) suspended; or (d) reduced in scope or application.
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Remedial Plans. (a) The Minister may, by giving notice in writing, require the Sponsor to prepare a Remedial Plan if, with reference to Schedule 7 of this Agreement, a Remedial Plan is indicated as warranted by the Sponsor’s level of performance against the Objectives, Minimum Requirements or KPIs, as assessed by the Minister. (b) A Remedial Plan may be required in relation to any aspect of the Sponsor’s performance or in relation to the Sponsor’s performance generally. The Minister will set out in the notice described in (a) above what the Remedial Plan must contain and when a draft Remedial Plan must be prepared and submitted to the Minister for approval by the Minister.
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Remedial Plans. If the Secretary of State issues a Remedial Plan Notice, the Franchisee shall submit a Remedial Plan to the Secretary of State within the Remedial Plan Period.
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Remedial Plans 
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Related to Remedial Plans

  • Remedial Work (i) Notwithstanding any previous test or certification, the Authority’s Engineer may instruct the Contractor to: (a) remove from the Site and replace any Plant or Materials which are not in accordance with the provisions of this Agreement; (b) remove and re-execute any work which is not in accordance with the provisions of this Agreement and the Specification and Standards; and (c) execute any work which is urgently required for the safety of the Project Highway, whether because of an accident, unforeseeable event or otherwise; provided that in case of any work required on account of a Force Majeure Event, the provisions of Clause 21.6 shall apply. (ii) If the Contractor fails to comply with the instructions issued by the Authority’s Engineer under Clause 11.13 (i), within the time specified in the Authority’s Engineer’s notice or as mutually agreed, the Authority’s Engineer may advise the Authority to have the work executed by another agency. The cost so incurred by the Authority for undertaking such work shall, without prejudice to the rights of the Authority to recover Damages in accordance with the provisions of this Agreement, be recoverable from the Contractor and may be deducted by the Authority from any monies due to be paid to the Contractor.

  • Remedial Actions In the event of Recipient’s noncompliance with section 603 of the Act, other applicable laws, Treasury’s implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of section 603(c) of the Act regarding the use of funds, previous payments shall be subject to recoupment as provided in section 603(e) of the Act. Hatch Act. Recipient agrees to comply, as applicable, with requirements of the Hatch Act (5 False Statements. Recipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.

  • Remedial Action A. If a represented individual has worked more than one thousand fifty (1,050) hours in the twelve (12) month period from the individual’s original date of hire, the represented individual may request remedial action from the State Human Resources Director in accordance with WAC 357-49. Following the Director’s review of the remedial action request, an individual may file exceptions to the Director’s decision in accordance with WAC 357. B. Remedial action is not subject to the provisions of the grievance procedure specified in Section 5.12, below.

  • Remediation The Charter School shall provide remediation in required cases pursuant to State Board of Education Rule 160-4-5-.01 and No Child Left Behind.

  • Hazardous Materials; Remediation (a) If any release or disposal of Hazardous Materials shall occur or shall have occurred on any real property or any other assets of any Borrower or any other Credit Party, such Borrower will cause, or direct the applicable Credit Party to cause, the prompt containment and removal of such Hazardous Materials and the remediation of such real property or other assets as is necessary to comply with all Laws and to preserve the value of such real property or other assets. Without limiting the generality of the foregoing, each Borrower shall, and shall cause each other Credit Party to, comply with each Law requiring the performance at any real property by any Borrower or any other Credit Party of activities in response to the release or threatened release of a Hazardous Material. (b) Borrower will provide Agent within thirty (30) days after written demand therefor with a bond, letter of credit or similar financial assurance evidencing to the reasonable satisfaction of Agent that sufficient funds are available to pay the cost of removing, treating and disposing of any Hazardous Materials or Hazardous Materials Contamination and discharging any assessment which may be established on any property as a result thereof, such demand to be made, if at all, upon Agent’s determination that the failure to remove, treat or dispose of any Hazardous Materials or Hazardous Materials Contamination, or the failure to discharge any such assessment could reasonably be expected to have a Material Adverse Change. (c) If there is any conflict between this Section 6.10 and any environmental indemnity agreement which is a Financing Document, the environmental indemnity agreement shall govern and control.

  • Environmental Studies Promptly conduct and complete, at Borrower’s expense, all such investigations, studies, samplings and testings as may be requested by Lender or any governmental authority relative to any substance, or any waste or by-product of any substance defined as toxic or a hazardous substance under applicable federal, state, or local law, rule, regulation, order or directive, at or affecting any property or any facility owned, leased or used by Borrower.

  • Cleanup Awarded vendor shall clean up and remove all debris and rubbish resulting from their work as required or directed by TIPS Member. Upon completion of work, the premises shall be left in good repair and an orderly, neat, clean and unobstructed condition.

  • Remedial Measures Upon becoming aware of an alleged security breach, Contractor’s Contract Manager must set up a conference call with the Department’s and the Customer’s Contract Manager. The conference call invitation must contain a brief description of the nature of the event. When possible, a thirty (30)- minute notice will be given to allow Department personnel to be available for the call. If the designated time is not practical for the Customer, an alternate time for the call will be scheduled. Contractor must share all available information on the call. The Contractor must answer all questions based on the information known at that time and answer additional questions as additional information becomes known. The Contractor must provide the Department and Customer with final documentation of the incident including all actions that took place. If the Contractor becomes aware of a security breach or security incident outside of normal business hours, the Contractor must notify the Department’s and the Customer’s Contract Manager and in all events, within one business day.

  • Environmental, Health and Safety Matters (a) Comply in all material respects with all applicable Environmental Laws, including, without limitation, obtaining and complying with and maintaining any and all licenses, approvals, notifications, registrations or permits required by applicable Environmental Laws. For purposes of this Section 5.12(a), material noncompliance by the Company, any of its Subsidiaries or any tenant or subtenant, with any applicable Environmental Law shall be deemed not to constitute a breach of this covenant provided that, upon learning of any actual or suspected material noncompliance, the Company and the relevant Subsidiaries shall promptly undertake all reasonable efforts to achieve material compliance (or contest in good faith by appropriate proceedings the alleged violation or applicable Environmental Law at issue and (to the extent required by GAAP) provide on the books of the Company or any of its Subsidiaries, as the case may be, reserves in accordance with GAAP with respect thereto), and provided further that, in any case, such noncompliance, and any other noncompliance with applicable Environmental Law, individually or in the aggregate, could not reasonably be expected to have a Material Adverse Effect. (b) Promptly comply in all material respects with all lawful orders and directives of all Governmental Authorities regarding applicable Environmental Laws, except to the extent that the validity thereof is currently being contested in good faith by appropriate proceedings and (to the extent required by GAAP) reserves in accordance with GAAP with respect thereto have been provided on the books of the Company or any of its Subsidiaries, as the case may be. (c) Defend, indemnify and hold harmless the Administrative Agent and the Lenders, and their respective parents, subsidiaries, affiliates, employees, agents, officers and directors, from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs and expenses of whatever kind or nature, known or unknown, contingent or otherwise, arising out of, or in any way relating to the violation of, noncompliance with or liability under any Environmental Laws applicable to the Company or any of its Subsidiaries or any of their respective operations or properties, or any orders, requirements or demands of Governmental Authorities related thereto, including, without limitation, attorney’s and consultant’s fees, investigation and laboratory fees, response costs, court costs and litigation expenses, except to the extent that any of the foregoing arise out of the gross negligence or willful misconduct of (or, as determined pursuant to a claim initiated by the Company, breach in bad faith of its express obligations under the applicable Loan Documents by) the party seeking indemnification therefor, in each case, as determined by a final non-appealable judgment by a court of competent jurisdiction. This indemnity shall continue in full force and effect regardless of the termination of this Agreement.

  • Timeline Contractor must perform the Services and deliver the Deliverables according to the following timeline:

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