Common use of Rectification Plan Process Clause in Contracts

Rectification Plan Process. 44.1 In the event that a Notifiable Default occurs, the Supplier shall notify the Authority of the Notifiable Default in accordance with Clause 42 and unless the Notifiable Default also constitutes a Rectification Plan Failure or the Authority is otherwise able to terminate the Framework Agreement, the Authority may not terminate this Framework Agreement in whole or in part on the grounds of the Notifiable Default without first following the Rectification Plan Process. 44.2 If: 44.2.1 the Supplier notifies the Authority pursuant to Clause 42 that a Notifiable Default has occurred; or 44.2.2 the Authority notifies the Supplier that it considers a Notifiable Default has occurred (setting out sufficient detail so that it is reasonably clear what the Supplier has to rectify), then, unless the Notifiable Default also constitutes a Supplier Termination Event and the Authority serves notice to terminate this Framework Agreement, the Supplier shall comply with the Rectification Plan Process. 44.3 The Rectification Plan Process shall be as follows: 44.3.1 the Supplier shall submit a draft Rectification Plan to the Authority for it to review as soon as possible and in any event within ten (10) Working Days (or such other period as may be agreed between the Parties) after the original notification pursuant to Clause 44.2. The Supplier shall submit a draft Rectification Plan even if the Supplier disputes that it is responsible for the Notifiable Default; 44.3.2 the draft Rectification Plan shall set out: (a) full details of the Notifiable Default that has occurred, including a root cause analysis; (b) the actual or anticipated effect of the Notifiable Default (including the actual or anticipated effect on the performance of its obligations under this Framework Agreement); and (c) the steps which the Supplier proposes to take to rectify the Notifiable Default (if applicable) and to prevent such Notifiable Default from recurring, including timescales for such steps and for the rectification of the Notifiable Default (where applicable), 44.3.3 the Supplier shall promptly provide to the Authority any further documentation that the Authority reasonably requires to assess the Supplier’s root cause analysis. If the Parties do not agree on the root cause set out in the draft Rectification Plan, either Party may refer the matter to be determined in accordance with the Dispute Resolution Procedure; 44.3.4 the Authority shall notify the Supplier whether it consents to the draft Rectification Plan as soon as reasonably practicable. If the Authority rejects the draft Rectification Plan, the Authority shall give reasons for its decision and the Supplier shall take the reasons into account in the preparation of a revised Rectification Plan. The Supplier shall submit the revised draft of the Rectification Plan to the Authority for review within five

Rectification Plan Process. 44.1 28.1 In the event that there is, or is reasonably likely to be, a Delay in Achieving a Key Milestone by its relevant Milestone Date (a “Notifiable Default occursDelay”), the Supplier shall notify the Authority of the Notifiable Default Delay as soon as practicable but in accordance with Clause 42 and unless any event within 3 Working Days of becoming aware of the Notifiable Default also constitutes a Rectification Plan Failure Delay, detailing the actual or anticipated effect of the Authority is otherwise able to terminate the Framework Agreement, Notifiable Delay and the Authority may not (in any event) terminate this Framework Agreement in whole or in part on the grounds of the Notifiable Default Delay without first following the Rectification Plan Process.Process.‌‌ 44.2 If: 44.2.1 the Supplier notifies the Authority pursuant to Clause 42 that a Notifiable Default has occurred; or 44.2.2 the Authority notifies the Supplier that it considers a Notifiable Default has occurred (setting out sufficient detail so that it is reasonably clear what the Supplier has to rectify), then, unless the Notifiable Default also constitutes a Supplier Termination Event and the Authority serves notice to terminate this Framework Agreement, the Supplier shall comply with the 28.2 The “Rectification Plan Process. 44.3 The Rectification Plan Process ” shall be as follows:set out in Clauses 28.3 to 28.8. 44.3.1 the 28.3 The Supplier shall submit a draft Rectification Plan to the Authority for it to review as soon as possible and in any event within ten (10) 5 Working Days (or such other period as may be agreed between the Parties) after the original notification pursuant to Clause 44.2Clause‌ 28.1. The Supplier shall submit a draft Rectification Plan even if the Supplier disputes that it is responsible for the Notifiable Default;Delay. 44.3.2 the 28.4 The draft Rectification Plan shall set out: (a) 28.4.1 full details of the Notifiable Default Delay that has occurred, including a root cause analysis; (b) 28.4.2 the actual or anticipated effect of the Notifiable Default (including the actual or anticipated effect on the performance of its obligations under this Framework Agreement)Delay; andand‌ (c) 28.4.3 the steps which the Supplier proposes to take to rectify the Notifiable Default Delay (if applicable) and to prevent such Notifiable Default Delay from recurring, including timescales for such steps and for the rectification of the Notifiable Default Delay (where applicable),. 44.3.3 the 28.5 The Supplier shall promptly provide to the Authority any further documentation that the Authority reasonably requires to assess the Supplier’s root cause analysis. If the Parties do not agree on the root cause set out in the draft Rectification Plan, either Party may refer the matter to be determined by an expert in accordance with the Paragraph 6 of Schedule 8.3 (Dispute Resolution Procedure; 44.3.4 the Authority shall notify the Supplier whether it consents to the draft Rectification Plan as soon as reasonably practicable. If the Authority rejects the draft Rectification Plan, the Authority shall give reasons for its decision and the Supplier shall take the reasons into account in the preparation of a revised Rectification Plan. The Supplier shall submit the revised draft of the Rectification Plan to the Authority for review within five).