REMEDIES FOR POOR PERFORMANCE Sample Clauses

REMEDIES FOR POOR PERFORMANCE. 31.1 If in the reasonable opinion of the Council’s Contract Manager, the performance of the Provider in a particular service area is unsatisfactory the Council’s Contract Manager shall notify the Provider in writing indicating the areas of concern and shall require a plan of corrective action including timescales to be put into place (the “Action Plan”). 31.2 The Provider shall produce the Action Plan within 10 Working Days of receiving notification from the Council’s Contract Manager. If the Provider fails to produce the Action Plan or if there are any elements of the Action Plan that the Council’s Contract Manager disagrees with then the Council’s Contract Manager shall prepare the Action Plan or specify amendments to the Action Plan (as the case may be) 31.3 The Action Plan will be confirmed in writing by the Council’s Contract Manager 31.4 Improvements in performance will be monitored for three months from the date that the Action Plan is put into place and a review to monitor and assess progress on the Action Plan will take place after the expiry of the three month period. 31.5 If following the review, the Provider fails to satisfy the Council (acting reasonably) that the areas of concerns raised in the review have been remedied then the Council shall be entitled to terminate the Agreement completely or in respect of the relevant service area without further notice. 31.6 The Council shall in exceptional circumstances be entitled to employ and pay any other persons to provide the Services in whole or in part and where appropriate to recover from the Provider any reasonably incurred additional costs in so doing provided that at all times the Council shall actively seek to mitigate the level of such costs and keep them to a minimum.
Sample 1
AutoNDA by SimpleDocs
REMEDIES FOR POOR PERFORMANCE. 37.1 If the Contract Manager informs the Concessionaire’s Authorised Representative in writing that the Council considers that any part of the Concession being operated and/or the Services provided do not meet the requirements of this Contract or differ in any way from specified requirements, and this is other than as a result of default or negligence on the part of the Council, and if the breach or failure to provide any all or any part of the Service and/or Concession is capable of remedy, the Concessionaire shall, at its own expense produce a plan of corrective action specifying timescales for the plan of action to be put into place (the “Action Plan”). 37.2 If the Concessionaire fails to produce the Action Plan within the time limit specified by the Council or if there are any elements of the Action Plan that the Contract Manager disagrees with then the Contract Manager shall specify amendments to the Action Plan and the Concessionaire shall pay to the Council the costs of preparation of any such amendments made by the Council. 37.3 Approval of the Action Plan will be confirmed in writing by the Contract Manager to the Concessionaire’s Authorised Representative subject to the Council being satisfied in respect of the Action Plan. 37.4 Improvements in performance will be monitored in accordance with the Action Plan by each of the Parties. 37.5 If the Concessionaire fails to satisfy the Council within the time limit specified by the Council in the Action Plan that the areas of concern raised in the Action Plan have been remedied then the Council shall be entitled to terminate all or any part of this Contract by notifying the Concessionaire in writing of the problem and giving not less than twelve (12) Months’ notice to terminate from the date of the notice and the provisions of Clause 40 of this Contract shall apply. 37.6 Without prejudice to any other rights and remedies the Council may have pursuant to this Contract the Concessionaire shall reimburse the Council for all reasonable costs incurred by the Council which have arisen as a consequence of the Concessionaire’s delay in the performance of its obligations under this Contract and which delay the Concessionaire has failed to remedy following reasonable notice from the Council. 37.7 If the breach by the Concessionaire or failure to provide all or any of its obligations under this Contract is not capable of remedy, as determined by the Contract Manager, it shall be dealt with in accordance with Claus...
Sample 1
REMEDIES FOR POOR PERFORMANCE. I f the Lead Procurer is not satisfied with the delivered Results, it will first (without prejudice to the Lead Procurer’s rights and remedies under the Framework Agreement) give the Contractor the opportunity to amend the Results. For written reports, remedial action by the Contractor will have to be taken within one week from the Lead Procurer’s communication in this respect. For demonstrations, a longer cure period may be awarded by the Lead Procurer, at its discretion, but no more than 6 weeks maximum. If the Lead Procurer is still not satisfied with the Results after expiry of this cure period, it may:  withhold payment(s) until Results that meet the satisfaction of the Lead Procurer are produced;  cancel payment;  reclaim monies already paid;  exclude the Contractor from the next Phase;  terminate this Framework Agreement in accordance with clause 20.3.
Sample 1
REMEDIES FOR POOR PERFORMANCE. If, in the reasonable opinion of the Authority’s Nominated Officer, the performance of the Provider in a particular service area is unsatisfactory the Authority’s Nominated Officer shall notify the Provider in writing indicating the areas of concern and shall require a plan of corrective action including timescales to be put into place (the “Action Plan”).
Sample 1
REMEDIES FOR POOR PERFORMANCE. EOHHS may seek remedies for poor performance on the part of the Contractor under this Contract. If the Contractor fails to perform in a manner that is satisfactory to EOHHS, EOHHS may take one or more of the following actions: A. Require the Contractor to develop and submit a corrective action plan for EOHHS’s review and approval, as described in Section 6.17; B. Suspend or recover payments from the Contractor; C. Impose sanctions as described in Section 6.19; and/or D. Terminate the Contract with or without cause as EOHHS determines appropriate.
Sample 1
REMEDIES FOR POOR PERFORMANCE. If the Procuring Entity is not satisfied by the delivered Results or satisfactory completion of a milestone, it will first give the Tenderer the opportunity to amend the Results. For written reports this will have to be done within one week. For demonstrations (in Phase 2 or 3) a longer period may be given, but no more than 8 weeks maximum. If the Procuring Entity is still not satisfied with the Results after this period it may:  withhold payment(s) until Results that meet the satisfaction of the Procuring Entity are produced;  cancel payment;  reclaim monies already paid;  exclude the Tenderer from the next Phase;  terminate this Framework Agreement in accordance with clause 18.
Sample 1
REMEDIES FOR POOR PERFORMANCE. 7.1. If the Provider fails to supply the Services in accordance with this Agreement (and in the Customer’s reasonable opinion such failure is capable of remedy), the Customer shall notify the Provider of such failure in writing requesting that the Provider and Customer meet to jointly agree an action plan to resolve that failure to perform within fourteen
Sample 1
AutoNDA by SimpleDocs

Related to REMEDIES FOR POOR PERFORMANCE

  • Time for Performance The term of this SOW Agreement shall begin on and end on _ (the “Initial Term”). The Initial Term may be extended as the parties may agree. The State may terminate this SOW for convenience upon thirty days prior written notice to the Contractor. If the Master Agreement should expire or otherwise terminate prior to the end of the term of this SOW Agreement, this SOW Agreement shall continue to the end of its existing term, unless or until terminated in accordance with the terms of this SOW Agreement, and the Parties acknowledge and agree that the terms of the Master Agreement shall survive and apply to this SOW Agreement.

  • Other Remedies; Specific Performance Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.

  • Security for Performance In the event that Exhibit A Section 4 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney.

  • Remedies; Specific Performance The Company stipulates that there would be no adequate remedy at law to the Holder of this Warrant in the event of any default or threatened default by the Company in the performance of or compliance with any of the terms of this Warrant and accordingly, the Company agrees that, in addition to any other remedy to which the Holder may be entitled at law or in equity, the Holder shall be entitled to seek to compel specific performance of the obligations of the Company under this Warrant, without the posting of any bond, in accordance with the terms and conditions of this Warrant in any court of the United States or any State thereof having jurisdiction, and if any action should be brought in equity to enforce any of the provisions of this Warrant, the Company shall not raise the defense that there is an adequate remedy at law. Except as otherwise provided by law, a delay or omission by the Holder hereto in exercising any right or remedy accruing upon any such breach shall not impair the right or remedy or constitute a waiver of or acquiescence in any such breach. No remedy shall be exclusive of any other remedy. All available remedies shall be cumulative.

  • Remedies for Default (a) Enterprise Services’ rights to suspend and terminate Contractor’s rights under this Master Contract are in addition to all other available remedies. (b) In the event of termination for default, Enterprise Services may exercise any remedy provided by law including, without limitation, the right to procure for all Purchasers replacement goods and/or services. In such event, Contractor shall be liable to Enterprise Services for damages as authorized by law including, but not limited to, any price difference between the Master Contract price and the replacement or cover price as well as any administrative and/or transaction costs directly related to such replacement procurement – e.g., the cost of the competitive procurement.

  • Specific Performance; Remedies Each party acknowledges and agrees that the other party would be damaged irreparably if any provision of this Agreement were not performed in accordance with its specific terms or were otherwise breached. Accordingly, the parties will be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and its provisions in any action or proceeding instituted in any court having jurisdiction over the parties and the matter, in addition to any other remedy to which they may be entitled, at law or in equity. Except as expressly provided for herein, the rights, obligations and remedies created by this Agreement are cumulative and in addition to any other rights, obligations or remedies otherwise available at law or in equity. Except as expressly provided herein, nothing herein will be considered an election of remedies.

  • Specific Performance and Remedies Shareholder acknowledges that it will be impossible to measure in money the damage to Parent if Shareholder fails to comply with the obligations imposed by this Agreement and that, in the event of any such failure, Parent will not have an adequate remedy at law or in equity. Accordingly, Shareholder agrees that injunctive relief or other equitable remedy, in addition to remedies at law or in damages, is the appropriate remedy for any such failure and will not oppose the granting of such relief on the basis that Parent has an adequate remedy at law. Shareholder agrees that Shareholder will not seek, and agrees to waive any requirement for, the securing or posting of a bond in connection with Parent’s seeking or obtaining such equitable relief. In addition, after discussing the matter with Shareholder, Parent shall have the right to inform any third party that Parent reasonably believes to be, or to be contemplating, participating with Shareholder or receiving from Shareholder assistance in violation of this Agreement, of the terms of this Agreement and of the rights of Parent hereunder, and that participation by any such persons with Shareholder in activities in violation of Shareholder’s agreement with Parent set forth in this Agreement may give rise to claims by Parent against such third party.

  • Remedies Cumulative; Specific Performance The rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party shall be entitled (in addition to any other remedy that may be available to it) to (a) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (b) an injunction restraining such breach or threatened breach.

  • Responsibility for Performance Participation in state Centralized Contracts by Authorized Users is permitted upon the following conditions: (i) the responsibility with regard to performance of any contractual obligation, covenant, condition or term thereunder by any Authorized User other than State Agencies shall be borne and is expressly assumed by such Authorized User and not by the State; (ii) a breach of the Contract by any particular Authorized User shall neither constitute nor be deemed a breach of the Contract as a whole which shall remain in full force and effect, and shall not affect the validity of the Contract nor the obligations of the Contractor thereunder respecting non-breaching Authorized Users, whether State or otherwise; (iii) for a breach by an Authorized User other than a State Agency, the State specifically and expressly disclaims any and all liability for such breach; and (iv) each non-state agency Authorized User and Contractor guarantees to save the State, its officers, agents and employees harmless from any liability that may be or is imposed by their failure to perform in accordance with its obligations under the Contract.

  • Specific Performance; Remedies Cumulative The parties hereto acknowledge that money damages are not an adequate remedy for violations of this Agreement and that any party, in addition to any other rights and remedies which the parties may have hereunder or at law or in equity, may, in his or its sole discretion, apply to a court of competent jurisdiction for specific performance or injunction or such other relief as such court may deem just and proper in order to enforce this Agreement or prevent any violation hereof and, to the extent permitted by applicable law, each party waives any objection to the imposition of such relief. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise or beginning of the exercise of any thereof by any party shall not preclude the simultaneous or later exercise of any other such rights, powers or remedies by such party.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!