Common use of REMEDIES FOR FAILURE TO ACHIEVE KPIs Clause in Contracts

REMEDIES FOR FAILURE TO ACHIEVE KPIs. Without prejudice to any other rights or remedies arising under this Framework Agreement if the Supplier fails to achieve any of the KPI Targets on any one or more occasions, the Supplier acknowledges and agrees that the Authority shall have the right to exercise (in its absolute sole discretion) all or any of the following remedial actions set out in paragraphs 4.2 to 4.6. The Authority shall be entitled to require the Supplier, and the Supplier agrees to prepare and provide to the Authority, an improvement plan within fourteen (14) Working Days of a written request by the Authority for such improvement plan. The Authority shall be entitled to approve such improvement plan and require that the Supplier implement such improvement plan as soon as reasonably practicable. The Authority shall be entitled to require the Supplier, and the Supplier agrees to attend, within a reasonable time at the request of the Authority one (1) or more meetings with the Authority in order to resolve the issues raised by the Authority in its notice to the Supplier requesting such meetings. The Authority shall be entitled to serve an improvement notice on the Supplier and the Supplier shall implement such requirements for improvement as set out in the improvement notice. The Authority shall be entitled to suspend the Supplier from bidding in any further competition and/or entering into any Call-Off Agreement with any Contracting Body until such time as, in the Authority’s absolute sole discretion, the Authority is satisfied that the Supplier has implemented such requirements for improvement as set out in the improvement notice and/or implemented an improvement plan submitted pursuant to paragraph 4.2 and Approved by the Authority. In the event that the Authority has, in its absolute sole discretion, invoked one or more of the remedies set out in paragraphs 4.5 to 4.6.4 and the Supplier either: fails to implement such, requirements for improvement as set out in the improvement notice; and/or fails to implement an improvement plan Approved by the Authority pursuant to paragraph 4.2; and/or fails to comply with any reasonable request made by the Authority within such reasonable timescales as have been specified by the Authority; or does comply with such requests made by the Authority within such reasonable timescales as have been specified by the Authority but the Supplier fails to achieve any of the KPI Targets on any two (2) occasions, then (without prejudice to any other rights and remedies of termination provided for in this Framework Agreement), the Supplier shall be deemed to be in Material Default and the Authority shall be entitled to terminate this Framework Agreement pursuant to Clause 25.8. FRAMEWORK SCHEDULE 2: CHARGING STRUCTURE

REMEDIES FOR FAILURE TO ACHIEVE KPIs. Without prejudice to any other rights or remedies arising under this Framework Agreement if the Supplier fails to achieve any of the KPI Targets in accordance with paragraph 3 above on any one or more occasions, the Supplier acknowledges and agrees that the Authority shall have the right to exercise (in its absolute sole discretion) all or any of the following remedial actions set out in paragraphs 4.2 to 4.64.6 below. The Authority shall be entitled to require the Supplier, and the Supplier agrees to prepare and provide to the Authority, an improvement plan within fourteen (14) Working Days of a written request by the Authority for such improvement plan. The Authority shall be entitled to approve such improvement plan and require that the Supplier implement such improvement plan as soon as reasonably practicable. The Authority shall be entitled to require the Supplier, and the Supplier agrees to attend, within a reasonable time at the request of the Authority one (1) or more meetings with at the request of the Authority in order to resolve the issues raised by the Authority in its notice to the Supplier requesting such meetings. The Authority shall be entitled to serve an improvement notice on the Supplier and the Supplier shall implement such requirements for improvement as set out in the improvement notice. The Authority shall be entitled to suspend the Supplier from bidding in any further competition Further Competition and/or entering into any Call-Off Agreement with any Contracting Body until such time as, in the Authority’s absolute sole discretion, the Authority is satisfied that the Supplier has implemented such requirements for improvement as set out in the improvement notice and/or implemented an improvement plan submitted pursuant to paragraph 4.2 above and Approved by the Authority. In the event that the Authority has, in its absolute sole discretion, invoked one or more of the remedies set out in paragraphs 4.2 to 4.5 to 4.6.4 above and the Supplier either: fails to implement such, such requirements for improvement as set out in the improvement notice; and/or fails to implement an improvement plan Approved by the Authority pursuant to paragraph 4.2; and/or fails to comply with any reasonable request made by the Authority within such reasonable timescales as have been specified by the Authority; or does comply with such requests made by the Authority within such reasonable timescales as have been specified by the Authority but the Supplier fails to achieve any of the KPI Targets on any two (2) occasions, then (without prejudice to any other rights and remedies of termination provided for in this the Framework Agreement), the Supplier Supplier’s shall be deemed to be in Material Default and the Authority shall be entitled to by notice in writing to terminate this Framework Agreement Agreement. Framework Schedule 2 - sub-contractors INTRODUCTION This Schedule 2 contains: details of the Sub-Contractors to be engaged or employed by the Supplier in the provision of Goods and Services pursuant to Clause 25.8. FRAMEWORK SCHEDULE 2: CHARGING STRUCTUREindividual Call-Off Agreement; and the procedure to select, appoint and manage Sub-Contractors.

REMEDIES FOR FAILURE TO ACHIEVE KPIs. Without prejudice to any other rights or remedies arising under this Framework Agreement if the Supplier fails to achieve any of the KPI Targets in accordance with paragraph 3 above on any one or more occasions, the Supplier acknowledges and agrees that the Authority shall have the right to exercise (in its absolute sole discretion) all or any of the following remedial actions set out in paragraphs 4.2 to 4.64.6 below. The Authority shall be entitled to require the Supplier, and the Supplier agrees to prepare and provide to the Authority, an improvement plan within fourteen (14) Working Days of a written request by the Authority for such improvement plan. The Authority shall be entitled to approve such improvement plan and require that the Supplier implement such improvement plan as soon as reasonably practicable. The Authority shall be entitled to require the Supplier, and the Supplier agrees to attend, within a reasonable time at the request of the Authority one (1) or more meetings with at the request of the Authority in order to resolve the issues raised by the Authority in its notice to the Supplier requesting such meetings. The Authority shall be entitled to serve an improvement notice on the Supplier and the Supplier shall implement such requirements for improvement as set out in the improvement notice. The Authority shall be entitled to suspend the Supplier from bidding in any further competition Further Competition and/or entering into any Call-Off Agreement with any Contracting Body until such time asas the Authority is satisfied, in the Authority’s its absolute and sole discretion, the Authority is satisfied that the Supplier has implemented such requirements for improvement as set out in the improvement notice and/or implemented an improvement plan submitted pursuant to paragraph 4.2 above and Approved by the Authority. In the event that the Authority has, in its absolute sole discretion, invoked one or more of the remedies set out in paragraphs 4.2 to 4.5 to 4.6.4 above and the Supplier either: fails to implement such, such requirements for improvement as set out in the improvement notice; and/or fails to implement an improvement plan Approved by the Authority pursuant to paragraph 4.2; and/or fails to comply with any reasonable request made by the Authority within such reasonable timescales as have been specified by the Authority; or and/or does comply with such requests made by the Authority within such reasonable timescales as have been specified by the Authority but the Supplier fails to achieve any of the KPI Targets on any two (2) occasionsone occasion, then (without prejudice to any other rights and remedies of termination provided for in this the Framework Agreement), the Supplier Supplier’s shall be deemed to be in have committed a Material Default and the Authority shall be entitled to terminate this Framework Agreement pursuant to Clause 25.8Agreement. FRAMEWORK SCHEDULE 2: CHARGING STRUCTURESUB-CONTRACTORS Introduction This Schedule 2 contains: details of the Sub-Contractors to be engaged or employed by the Supplier in the provision of Services pursuant to individual Call-Off Agreements; and the procedure to select, appoint and manage Sub-Contractors.

REMEDIES FOR FAILURE TO ACHIEVE KPIs. Without prejudice to any other rights or remedies arising under this Framework Agreement if the Supplier fails to achieve any of the KPI Targets in accordance with paragraph 3 above on any one or more occasions, the Supplier acknowledges and agrees that the Authority shall have the right to exercise (in its absolute sole discretion) all or any of the following remedial actions set out in paragraphs 4.2 to 4.64.7 below. The Authority shall be entitled to require the Supplier, and the Supplier agrees to prepare and provide to the Authority, an improvement plan within fourteen (14) Working Days of a written request by the Authority for such improvement plan. The Authority shall be entitled to approve such improvement plan and require that the Supplier implement such improvement plan as soon as reasonably practicable. The Authority shall be entitled to require the Supplier, and the Supplier agrees to attend, within a reasonable time at the request of the Authority one (1) or more meetings with at the request of the Authority in order to resolve the issues raised by the Authority in its notice to the Supplier requesting such meetings. The Authority shall be entitled to serve an improvement notice on the Supplier and the Supplier shall implement such requirements for improvement as set out in the improvement notice. The Authority shall be entitled to suspend the Supplier from bidding in any further competition Further Competition and/or entering into any Call-Off Agreement Contract with any Contracting Body until such time as, in the Authority’s absolute sole discretion, the Authority is satisfied that the Supplier has implemented such requirements for improvement as set out in the improvement notice and/or implemented an improvement plan submitted pursuant to paragraph 4.2 above and Approved by the AuthorityApproved. In the event that the Authority has, in its absolute sole discretion, invoked one or more of the remedies set out in paragraphs 4.2 to 4.5 to 4.6.4 above and the Supplier either: fails to implement such, such requirements for improvement as set out in the improvement notice; and/or fails to implement an improvement plan Approved by the Authority pursuant to paragraph 4.2; and/or fails to comply with any reasonable request made by the Authority within such reasonable timescales as have been specified by the Authority; or does comply with such requests made by the Authority within such reasonable timescales as have been specified by the Authority but the Supplier fails to achieve any of the KPI Targets on any two (2) occasionsone occasion, then (without prejudice to any other rights and remedies of termination provided for in this the Framework Agreement), the Supplier Supplier’s shall be deemed to be in Material Default and the Authority shall be entitled to by notice in writing terminate this Framework Agreement pursuant to Clause 25.8Agreement. FRAMEWORK AGREEMENT SCHEDULE 2: CHARGING STRUCTURESUB-CONTRACTORS INTRODUCTION This Schedule 2 contains: details of the Sub-Contractors to be engaged or employed by the Supplier in the provision of Services pursuant to individual Call-Off Contracts; and the procedure to select, appoint and manage Sub-Contractors.

REMEDIES FOR FAILURE TO ACHIEVE KPIs. Without prejudice to any other rights or remedies arising under this Framework Agreement if the Supplier fails to achieve any of the KPI Targets in accordance with paragraph 3 above on any one or more occasions, the Supplier acknowledges and agrees that the Authority shall have the right to exercise (in its absolute sole discretion) all or any of the following remedial actions set out in paragraphs 4.2 to 4.64.7 below. The Authority shall be entitled to require the Supplier, and the Supplier agrees to prepare and provide to the Authority, an improvement plan within fourteen (14) Working Days of a written request by the Authority for such improvement plan. The Authority shall be entitled to approve such improvement plan and require that the Supplier implement such improvement plan as soon as reasonably practicable. The Authority shall be entitled to require the Supplier, and the Supplier agrees to attend, within a reasonable time at the request of the Authority one (1) or more meetings with at the request of the Authority in order to resolve the issues raised by the Authority in its notice to the Supplier requesting such meetings. The Authority shall be entitled to serve an improvement notice on the Supplier and the Supplier shall implement such requirements for improvement as set out in the improvement notice. The Authority shall be entitled to suspend the Supplier from bidding in any further competition Further Competition and/or entering into any Call-Off Agreement with any Contracting Body until such time as, in the Authority’s absolute sole discretion, the Authority is satisfied that the Supplier has implemented such requirements for improvement as set out in the improvement notice and/or implemented an improvement plan submitted pursuant to paragraph 4.2 above and Approved by the Authority. In the event that the Authority has, in its absolute sole discretion, invoked one or more of the remedies set out in paragraphs 4.2 to 4.5 to 4.6.4 above and the Supplier either: fails to implement such, such requirements for improvement as set out in the improvement notice; and/or fails to implement an improvement plan Approved by the Authority pursuant to paragraph 4.2; and/or fails to comply with any reasonable request made by the Authority within such reasonable timescales as have been specified by the Authority; or does comply with such requests made by the Authority within such reasonable timescales as have been specified by the Authority but the Supplier fails to achieve any of the KPI Targets on any two (2) occasionsone occasion, then (without prejudice to any other rights and remedies of termination provided for in this the Framework Agreement), the Supplier Supplier’s shall be deemed to be in Material Default and the Authority shall be entitled to by notice in writing terminate this Framework Agreement Agreement. Framework Schedule 2 - sub-contractors INTRODUCTION This Schedule 2 contains: details of the Sub-Contractors to be engaged or employed by the Supplier in the provision of Goods and Services pursuant to Clause 25.8. FRAMEWORK SCHEDULE 2: CHARGING STRUCTUREindividual Call-Off Agreement; and the procedure to select, appoint and manage Sub-Contractors.

REMEDIES FOR FAILURE TO ACHIEVE KPIs. Without prejudice to any other rights or remedies arising under this Framework Agreement if the Supplier fails to achieve any of the KPI Targets on any one or more occasions, the Supplier acknowledges and agrees that the Authority shall have the right to exercise (in its absolute sole discretion) all or any of the following remedial actions set out in paragraphs 4.2 to 4.64.6 of this Framework Schedule 1. The Authority shall be entitled to require the Supplier, and the Supplier agrees to prepare and provide to the Authority, an improvement plan within fourteen (14) Working Days of a written request by the Authority for such improvement plan. The Authority shall be entitled to approve such improvement plan and require that the Supplier implement such improvement plan as soon as reasonably practicable. The Authority shall be entitled to require the Supplier, and the Supplier agrees to attend, within a reasonable time at the request of the Authority one (1) or more meetings with the Authority in order to resolve the issues raised by the Authority in its notice to the Supplier requesting such meetings. The Authority shall be entitled to serve an improvement notice on the Supplier and the Supplier shall implement such requirements for improvement as set out in the improvement notice. The Authority shall be entitled to suspend the Supplier from bidding in any further competition and/or entering into any Call-Off Agreement with any Contracting Body until such time as, in the Authority’s absolute sole discretion, the Authority is satisfied that the Supplier has implemented such requirements for improvement as set out in the improvement notice and/or implemented an improvement plan submitted pursuant to paragraph 4.2 (of this Framework Schedule 1) and Approved by the Authority. In the event that the Authority has, in its absolute sole discretion, invoked one or more of the remedies set out in paragraphs 4.2 to 4.5 to 4.6.4 above and the Supplier either: fails to implement such, such requirements for improvement as set out in the improvement notice; and/or fails to implement an improvement plan Approved by the Authority pursuant to paragraph 4.24.2 above; and/or fails to comply with any reasonable request made by the Authority within such reasonable timescales as have been specified by the Authority; or does comply with such requests made by the Authority within such reasonable timescales as have been specified by the Authority but the Supplier fails to achieve any of the KPI Targets on any two (2) occasions, then (without prejudice to any other rights and remedies of termination provided for in this Framework Agreement), the Supplier shall be deemed to be in Material Default and the Authority shall be entitled to terminate this Framework Agreement pursuant to Clause 25.824.7. FRAMEWORK SCHEDULE 2: CHARGING STRUCTURE

REMEDIES FOR FAILURE TO ACHIEVE KPIs. Without prejudice to any other rights or remedies arising under this Framework Agreement if the Supplier fails to achieve any of the KPI Targets in accordance with paragraph 3 above on any one or more occasions, the Supplier acknowledges and agrees that the Authority shall have the right to exercise (in its absolute sole discretion) all or any of the following remedial actions set out in paragraphs 4.2 to 4.64.7 below. The Authority shall be entitled to require the Supplier, and the Supplier agrees to prepare and provide to the Authority, an improvement plan within fourteen (14) Working Days of a written request by the Authority for such improvement plan. The Authority shall be entitled to approve such improvement plan and require that the Supplier implement such improvement plan as soon as reasonably practicable. The Authority shall be entitled to require the Supplier, and the Supplier agrees to attend, within a reasonable time at the request of the Authority one (1) or more meetings with at the request of the Authority in order to resolve the issues raised by the Authority in its notice to the Supplier requesting such meetings. The Authority shall be entitled to serve an improvement notice on the Supplier and the Supplier shall implement such requirements for improvement as set out in the improvement notice. The Authority shall be entitled to suspend the Supplier from bidding in any further competition Further Competition and/or entering into any Call-Off Agreement Contract with any Contracting Body until such time as, in the Authority’s absolute sole discretion, the Authority is satisfied that the Supplier has implemented such requirements for improvement as set out in the improvement notice and/or implemented an improvement plan submitted pursuant to paragraph 4.2 above and Approved by the AuthorityApproved. In the event that the Authority has, in its absolute sole discretion, invoked one or more of the remedies set out in paragraphs 4.2 to 4.5 to 4.6.4 above and the Supplier either: fails to implement such, such requirements for improvement as set out in the improvement notice; and/or fails to implement an improvement plan Approved by the Authority pursuant to paragraph 4.2; and/or fails to comply with any reasonable request made by the Authority within such reasonable timescales as have been specified by the Authority; or does comply with such requests made by the Authority within such reasonable timescales as have been specified by the Authority but the Supplier fails to achieve any of the KPI Targets on any two (2) occasions, then (without prejudice to any other rights and remedies of termination provided for in this Framework Agreement), the Supplier shall be deemed to be in Material Default and the Authority shall be entitled to terminate this Framework Agreement pursuant to Clause 25.8. FRAMEWORK SCHEDULE 2: CHARGING STRUCTUREone occasion,

REMEDIES FOR FAILURE TO ACHIEVE KPIs. Without prejudice to any other rights or remedies arising under this Framework Agreement if the Supplier fails to achieve any of the KPI Targets in accordance with paragraph 3 above on any one or more occasions, the Supplier acknowledges and agrees that the Authority shall have the right to exercise (in its absolute sole discretion) all or any of the following remedial actions set out in paragraphs 4.2 to 4.64.7 below. The Authority shall be entitled to require the Supplier, and the Supplier agrees to prepare and provide to the Authority, an improvement plan within fourteen (14) Working Days of a written request by the Authority for such improvement plan. The Authority shall be entitled to approve such improvement plan and require that the Supplier implement such improvement plan as soon as reasonably practicable. The Authority shall be entitled to require the Supplier, and the Supplier agrees to attend, within a reasonable time at the request of the Authority one (1) or more meetings with at the request of the Authority in order to resolve the issues raised by the Authority in its notice to the Supplier requesting such meetings. The Authority shall be entitled to serve an improvement notice on the Supplier and the Supplier shall implement such requirements for improvement as set out in the improvement notice. The Authority shall be entitled to suspend the Supplier from bidding in any further competition Further Competition and/or entering into any Call-Off Agreement with any Contracting Body until such time asas the Authority is satisfied, in the Authority’s its absolute and sole discretion, the Authority is satisfied that the Supplier has implemented such requirements for improvement as set out in the improvement notice and/or implemented an improvement plan submitted pursuant to paragraph 4.2 above and Approved by the Authority. In the event that the Authority has, in its absolute sole discretion, invoked one or more of the remedies set out in paragraphs 4.2 to 4.5 to 4.6.4 above and the Supplier either: fails to implement such, such requirements for improvement as set out in the improvement notice; and/or fails to implement an improvement plan Approved by the Authority pursuant to paragraph 4.2; and/or fails to comply with any reasonable request made by the Authority within such reasonable timescales as have been specified by the Authority; or and/or does comply with such requests made by the Authority within such reasonable timescales as have been specified by the Authority but the Supplier fails to achieve any of the KPI Targets on any two (2) occasionsone occasion, then (without prejudice to any other rights and remedies of termination provided for in this the Framework Agreement), the Supplier Supplier’s shall be deemed to be in have committed a Material Default and the Authority shall be entitled to terminate this Framework Agreement pursuant to Clause 25.8Agreement. FRAMEWORK SCHEDULE 2: CHARGING STRUCTURESUB-CONTRACTORS Introduction This Schedule 2 contains: details of the Sub-Contractors to be engaged or employed by the Supplier in the provision of Services pursuant to individual Call-Off Agreements; and the procedure to select, appoint and manage Sub-Contractors.