Notifiable Default definition

Notifiable Default shall have the meaning given in Clause 28.1 (Rectification Plan Process);

Notifiable Default has the meaning given in Clause 11.1;

Notifiable Default the Supplier commits a material Default;

Examples of Notifiable Default in a sentence

• ANNEX TO PART C: RECTIFICATION PLAN PROCESS Rectifying issues If there is a Notifiable Default, the Contractor must notify the Authority within 3 Working Days and the Authority can, without limiting its other rights, may request that the Contractor provide a Rectification Plan within 10 Working Days alongside any additional documentation that the Authority requires.

• Notifiable Default shall have the meaning set out in Clause 49.1.

• If there is one or more Material Test Issue(s), the Authority shall refuse to issue a Milestone Achievement Certificate and, without prejudice to the Authority's other rights and remedies, such failure shall constitute a Notifiable Default for the purposes of clause 27.1 (Rectification Plan Process).

• The Authority may reject the draft Rectification Plan by notice to the Contractor if, acting reasonably, it considers that the draft Rectification Plan is inadequate, for example because the draft Rectification Plan: is insufficiently detailed to be capable of proper evaluation; will take too long to complete; will not prevent reoccurrence of the Notifiable Default; and/or will rectify the Notifiable Default but in a manner which is unacceptable to the Authority.

• In addition to the payment made in accordance with Paragraph 4.2 above, if a Key Milestone has not been achieved by the Milestone Date, it shall be considered a Notifiable Default and the Rectification Plan Process as set out in Clause 32 of the Framework Agreement shall apply.

• A failure to comply with Paragraph 6.3 shall constitute a Notifiable Default, and the Supplier shall comply with the Rectification Plan Process.

• In the event of any Default by the Supplier, the Supplier shall notify the Authority of the Default as soon as practicable but in any event within two (2) Working Days of becoming aware of the Default, detailing the actual or anticipated effect of the Default and whether the Default is a Notifiable Default.

• Escalating issues If the Contractor fails to: submit a Rectification Plan or a revised Rectification Plan within the timescales set out in Clauses 15.17 or 15.19 above; and adhere to the timescales set out in an accepted Rectification Plan to resolve the Notifiable Default.

• The Contractor shall submit a draft Rectification Plan to the Authority for it to review as soon as possible and in any event within 10 Working Days (or such other period as may be agreed between the Parties) after the original notification pursuant to Clause 22.2. The Contractor shall submit a draft Rectification Plan even if the Contractor disputes that it is responsible for the Notifiable Default.

• The Escalation Meeting(s) will continue until the Authority is satisfied that the Notifiable Default has been resolved, however, where an Escalation Meeting(s) has continued for more than 5 Working Days, either Party may treat the matter as a Dispute to be handled through the dispute resolution set out in Clause 18 (Dispute Resolution) of Schedule 2.

More Definitions of Notifiable Default

Notifiable Default shall have the meaning given in clause 30.1 (Rectification Plan Process); “Object Code” software and/or data in machine-readable, compiled object code form; “Occasion of Tax Non- Compliance”

Notifiable Default shall have the meaning given in clause 28.1 (Rectification Plan Process); “Object Code” software and/or data in machine-readable, compiled object code form;

Notifiable Default has the meaning given to it in clause 33.1 of the Framework Agreement;

Notifiable Default means: (a) the Contractor commits a Default; and/or (b) the circumstances described in Schedule 1C (KPIs); “Occasion of Tax Non- Compliance” (a) any tax return of the Contractor submitted to a Relevant Tax Authority on or after 1 October 2012 is found on or after 1 April 2013 to be incorrect as a result of: (i) a Relevant Tax Authority successfully challenging the Contractor under the General Anti-Abuse Rule or the Halifax Abuse Principle or under any tax rules or legislation that have an effect equivalent or similar to the General Anti-Abuse Rule or the Halifax Abuse Principle; (ii) the failure of an avoidance scheme which the Contractor was involved in, and which was, or should have been, notified to a Relevant Tax Authority under the DOTAS or any equivalent or similar regime; and/or (b) any tax return of the Contractor submitted to a Relevant Tax Authority on or after 1 October 2012 gives rise on or after 1 April 2013 to a criminal conviction in any jurisdiction for tax related offences which is not spent at the Agreement Date or to a civil penalty for fraud or evasion; “Offender Manager” means an officer from His Majesty’s Prison and Probation Service who is working directly with an offender serving their sentence in the community;

Notifiable Default shall have the meaning set out in Paragraph 4.1 of Schedule 4. "Occasion of Tax Non- Compliance" any tax return of the Supplier submitted to a Relevant Tax Authority on or after 1 October 2012 is found to be incorrect as a result of the: (a) Relevant Tax Authority successfully challenging the Supplier under the General Anti-Abuse Rule or the Halifax Abuse Principle or under any tax rules or legislation that have an effect equivalent or similar to the General Anti- Abuse Rule or the Halifax Abuse Principle; (b) failure of an avoidance scheme which the Supplier was involve in, and which was, or should have been, notified to a Relevant Tax Authority under the DOTAS or any equivalent or similar regime; and/or (c) Supplier's tax affairs give rise on or after 1 April 2013 to a criminal conviction in any jurisdiction for tax related offences which is not spent at the Commencement Date or to a penalty for civil fraud or evasion. Occupied Accommodation a bed space that is occupied by a CAS3 Resident. "Open Book Accounts" complete and accurate financial and non-financial information relating to the Services which is sufficient to enable the Authority to verify the payments already paid or payable and payments forecast to be paid under this Contract during the remainder of the Contract Period, including details and all assumptions relating to: (a) the Supplier's costs broken down against each Service including actual capital expenditure (including capital replacement costs) and the unit cost and total actual costs of all Supplier Assets; (b) operating expenditure relating to the provision of the Services including an analysis showing: (i) the unit costs and quantity of consumables and bought-in services; (ii) manpower resources broken down into the number and grade/role of the Supplier's Personnel (free of any contingency) together with a list of agreed rates against each manpower grade; (iii) a list of costs underpinning those rates for each manpower grade, being the agreed rate less the Supplier's profit margin; and (iv) expenses reimbursable under this Contract; (c) overheads; (d) all interest, expenses and any other third-party financing costs incurred in relation to the provision of the Services; (e) the Supplier's profit achieved over the Contract Period and on an annual basis; (f) confirmation that all methods of cost apportionment and overhead allocation are consistent with and not more onerous than such methods applied generally by the Supplier; (g) an expla...