Correction of Performance Deficiencies Clause Samples

Correction of Performance Deficiencies. In the event of a problem or potential problem that could impact the quality or quantity of work, services, or the level of performance under this Agreement, the VENDOR shall notify CalACES within one (1) working day, in writing and by telephone. Failure by VENDOR to comply with any of the provisions, covenants, requirements or conditions of this Agreement shall be a material breach of this Agreement. VENDOR Primary Contact and CalACES Representative shall attempt in good faith to promptly resolve any dispute, controversy or claim arising out of this Contract. If these representatives are unable to resolve a dispute, controversy or claim with ten days after the initial request for a meeting, then the dispute shall be submitted to an executive-level performance review. If the Primary Contact and CalACES Representative are not successful in resolving the dispute, negotiations shall be conducted by the County Executive Office, or designee and the highest level executive for VENDOR. If these representatives are unable to resolve the dispute within ten days after the representative have commenced negotiations, or 20 days have passed since the initial request for negotiations at this level, the Parties may agree in writing to submit the dispute to mediation.

Correction of Performance Deficiencies. 1. A teacher who has teaching deficiencies (needs improvement) noted in their initial evaluation shall have a conference(s) with his/her administrator or superintendent to discuss such teaching deficiencies and jointly develop a PIP (Performance Improvement Plan) (see Appendix B) with the administrator to improve the deficiencies. Such conference(s) shall be documented in the PIP and a copy given to the teacher noting the teacher’s deficiencies and suggested means by which the teacher may obtain assistance in making such improvements. 2. The teacher shall be given a minimum of forty (40) calendar days to correct such deficiencies prior to the second evaluation. 3. A second evaluation written report, including an assessment of the teacher’s efforts to improve in the areas of noted deficiencies, in addition to a statement of further efforts to assist the teacher, if necessary, shall be submitted by the administrator to the superintendent and the teacher involved no later than April 10th. 4. No limited teacher’s contract will be recommended for non-renewal, for performance reasons, unless the observation and/or reprimand procedures have been followed by the administration. 5. Teachers with limited contracts not to be recommended for re-employment for the following school year will be so notified by April 30th. The superintendent will discuss the above action with the teacher prior to the official board action.

Correction of Performance Deficiencies. 1. In the event of a problem or potential problem that could impact the quality or quantity of work, Services, or the level or performance under this Contract, Contractor shall notify the County within one (1) working day, in writing and by telephone. 2. Failure by Contractor to comply with any of the provisions, covenants, requirements or conditions of this Contract shall be a material breach of this Contract. 3. In the event of a non-cured breach, County may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract: a. Afford Contractor thereafter a time period within which to cure the breach, which period shall be established at the sole discretion of County; and/or b. Discontinue reimbursement to Contractor for and during the period in which Contractor is in breach, which reimbursement shall not be entitled to later recovery; and/or c. Withhold funds pending duration of the breach; and/or d. Offset against any monies billed by Contractor but yet unpaid by County those monies disallowed pursuant to Item “b” of this paragraph; and/or e. Terminate this Contract immediately and be relieved of the payment of any consideration to Contractor. In the event of such termination, the County may proceed with the work in any manner deemed proper by the County. The cost to the County shall be deducted from any sum due to the Contractor under this Contract and the balance, if any, shall be paid by the Contractor upon demand. 4. Unless a remedy is specifically designated as exclusive, no remedy conferred by any of the specific provision of the Contract is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder, now or hereafter existing at law or in equity or by statute or otherwise. The election of any one (1) or more remedies by either Party shall not constitute a waiver of the right to pursue other available remedies.

Correction of Performance Deficiencies. I.1 Failure by Contractor to comply with any of the provisions, covenants, requirements or conditions of this Contract shall be a material breach of this Contract. I.2 In the event of a non-cured breach, County may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract: I.2.1 Afford Contractor thereafter a time period within which to cure the breach, which period shall be established at the sole discretion of County; and/or I.2.2 Discontinue reimbursement to Contractor for and during the period in which Contractor is in breach, which reimbursement shall not be entitled to later recovery; and/or I.2.3 Withhold funds pending duration of the breach; and/or I.2.4 Offset against any monies billed by Contractor but yet unpaid by County those monies disallowed pursuant to Item “2” of this paragraph; and/or I.2.5 Terminate this Contract immediately and be relieved of the payment of any consideration to Contractor. In the event of such termination, the County may proceed with the work in any manner deemed proper by the County. The cost to the County shall be deducted from any sum due to the Contractor under this Contract and the balance, if any, shall be paid by the Contractor upon demand.

Correction of Performance Deficiencies. A. Failure by Contractor to comply with any of the provisions, covenants, requirements or conditions of this Agreement shall be a material breach of this Contract. B. In the event of a non-cured breach, County may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Agreement: a) Afford Contractor thereafter a time period within which to cure the breach, which period shall be established at the sole discretion of County; and/or b) Discontinue authorization for reimbursement to Contractor for and during the period in which Contractor is in breach; and/or c) Notify Sprint to withhold funds pending duration of the breach; and/or d) Terminate this Agreement immediately and notify Sprint that it is relieved of the payment of any consideration to Contractor. In the event of such termination, the County may acquire the Reconfiguration Services elsewhere on terms and conditions or in such manner as the County may deem appropriate and Contractor shall be liable to the County for any excess costs or other expenses incurred by the County in such acquisition. The cost to the County shall be deducted from any sum due to the Contractor under this Agreement and the balance, if any, shall be paid by the Contractor upon demand. Notwithstanding the foregoing, the County shall be entitled to avail itself cumulatively of any and all remedies available at law or in equity, including termination of this Agreement by written notice to Contractor if the breach remains uncorrected.

Correction of Performance Deficiencies. 1. Failure by either party to comply with any of the provisions, covenants, requirements or conditions of this Agreement shall be a material breach of this Agreement. 2. In the event of a non-cured breach, the other party may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Agreement: a. Afford the alleged breaching party a time period within which to cure the breach; and/or b. Terminate this Agreement..

Correction of Performance Deficiencies. Failure by School to comply with any of the provisions, covenants, requirements or conditions of this Agreement shall be a material breach of this Agreement. In the event of a non-cured breach or in the event that School engages in any conduct that jeopardizes the Medical Center’s accreditation or licensures status, County may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Agreement: a. Afford School thereafter a time period within which to cure the breach, which period shall be established at the sole discretion of County; and/or b. Terminate this Agreement immediately.

Correction of Performance Deficiencies. A teacher who has teaching deficiencies (needs improvement) noted in their end of year evaluation (1 Holistic and 1 focused observation) shall have a conference(s) with his/her administrator or superintendent to discuss such teaching deficiencies and jointly develop a PIP (Performance Improvement Plan) to be implemented in the next evaluation cycle (see Appendix B) with the administrator to improve the deficiencies. Such conference(s) shall be documented in the PIP and a copy given to the teacher noting the teacher’s deficiencies and suggested means by which the teacher may obtain assistance in making such improvements. • The teacher shall be given a minimum of forty (40) calendar days to correct such deficiencies prior to the second evaluation. • Any teacher who is assigned a PIP shall receive at least three (3) formal observations in addition to periodic, at least two (2) classroom walkthroughs. • Each observation will be followed by a written report, including an assessment of the teacher’s efforts to improve in the areas of noted deficiencies, in addition to a statement of further efforts to assist the teacher, if necessary, shall be submitted by the administrator to the superintendent and the teacher involved no later than April 10th. • No limited teacher’s contract will be recommended for non-renewal, for performance reasons, unless the observation and/or reprimand procedures have been followed by the administration. • Teachers with limited contracts not to be recommended for re-employment for the following school year will be so notified by April 30th. The superintendent will discuss the above action with the teacher prior to the official board action.

Correction of Performance Deficiencies a. In the event of a problem or potential problem that could impact the quality or quantity of work, services, or the level of performance under this Agreement, the Contractor shall notify CalSAWS within one (1) working day, in writing and by telephone. b. Failure by Contractor to comply with any of the provisions, covenants, requirements or conditions of this Agreement shall be a material breach of this Agreement.