Review and Monitoring of Performance. The performance of the Services shall be subject to monitoring by the Authority and through the performance management and monitoring procedure which may set out in Schedule 2 or otherwise agreed between the Contract Manager and the Consultant’s Representative.
Review and Monitoring of Performance. The Client Representative may investigate each case where the Contractor may have or appears to have failed, for whatever reason, to perform the Services in whole or in part in accordance with the provisions of the Agreement (“a Default”). Where the Client Representative is satisfied that in any particular case the Contractor is in Default it shall be entitled to instruct the Contractor to remedy the Default at its cost within such reasonable period as the Client Representative may determine by issuing a Default Notice in accordance with clause 9.3, unless the Default in the reasonable opinion of the Client Representative falls within clause 9.6 (Irremediable Default). The Default Notice issued by the Client to the Contractor shall be in writing and specify in general terms: The nature of the Default; and instructions to the Contractor to remedy the Default at its cost within such reasonable period as the Client Representative may determine. The administrative costs together with the cost of re-inspection incurred by the Client in respect of each Default Notice issued shall be [INSERT SUM (indexed)] and such sums shall be payable to the Client by the Contractor within thirty (30) days of the date of any invoice issued by the Client. The parties agree the amounts of the deductions stated in this clause constitute liquidated damages for administration and re-inspection and are not a penalty. If the Contractor fails to remedy any Default which is the subject of a Default Notice in accordance with the time limits set out therein, the Client shall be entitled to: engage another contractor as the preferred supplier for the Services and recover from the Contractor all costs and expenses associated therewith, including any administration costs; and/or invoke the termination provisions under clause 14.1 (Termination) where there is repeated failure to comply with the requirements of the Agreement. The Client Representative may issue an Irremediable Default Notice to the Contractor where a Default may have or appears to have occurred that is not capable of being remedied (“an Irremediable Default”). The Irremediable Default Notice issued by the Client Representative to the Contractor shall specify: The nature of the Irremediable Default; and Request written acknowledgement from the Contractor within 24 hours of the date of the Irremediable Default Notice that an Irremediable Default exists. On expiry of the 24-hour notice period within the Irremediable Default Notic...
Review and Monitoring of Performance. The Authorised Officer may investigate each case where the Provider may have or appears to have failed, for whatever reason, to perform the Services in whole or in part in accordance with the provisions of the Agreement (“a Default”). Where the Authorised Officer is satisfied that in any particular case the Provider is in Default he shall be entitled to instruct the Provider to remedy the Default within such reasonable period as the Authorised Officer may determine by issuing a Remediation Notice, unless the Default, in the opinion of the Authorised Officer, falls within clause 8.3.
