Common use of Rectification Plan Clause in Contracts

Rectification Plan. 11.1 Subject to Clause 13 (Relief Events) (i.e. where a Relief Event does not apply), in the event that:-‌ 11.1.1 there is, or is reasonably likely to be, a Delay;‌ 11.1.2 any of the events referred to in Paragraph 6.2 of Part B of Schedule 2.2 (Performance Measures and Monitoring) occurs; 11.1.3 there has been a Critical KPI Failure; or 11.1.4 the Contractor commits a material breach (being a single event or a series of events which are together a material breach) of any of its obligations under this Agreement that is capable of remedy (whether the same or different obligations and regardless of whether the Contractor has remedied those breaches on previous occasions). (each a “Notifiable Default”), the Contractor shall notify the DCC of the Notifiable Default as soon as practicable but in any event within five (5) Business Days of becoming aware of the Notifiable Default, detailing the actual or anticipated effect of the Notifiable Default. To the extent that any of the events set out in 11.1 occur and the Contractor reasonably believes that a Relief Event applies then the Contractor shall notify the DCC in accordance with Clause 13. 11.2 If:- 11.2.1 the Contractor notifies the DCC pursuant to Clause 11.1 that a Notifiable Default has occurred and such Notifiable Default is not subject to a Relief Event; or 11.2.2 the DCC notifies the Contractor that it considers that a Notifiable Default has occurred and such Notifiable Default is not subject to a Relief Event or that there has been a breach of Clause 52 of this Agreement by the Contractor to which the Rectification Plan Process applies (setting out sufficient detail so that it is reasonably clear what the Contractor has to rectify), then, without prejudice to the DCC's other rights and remedies (including the rights under Schedule 8.10 (Enhanced Scrutiny and Step In) and/or to terminate), the Contractor shall comply with the Rectification Plan Process.

Rectification Plan. 11.1 ‌ 10.1 Subject to Clause 13 12 (Relief Events) (i.e. where a Relief Event does not apply), in the event that:-‌that:‌ 11.1.1 10.1.1 there is, or is reasonably likely to be, a Delay;‌ 11.1.2 10.1.2 any of the events referred to in Paragraph 6.2 of Part B of Schedule 2.2 (Performance Measures and Monitoring) occurs; 11.1.3 10.1.3 there has been a Critical KPI Failure; or 11.1.4 10.1.4 the Contractor commits a material breach (being a single event or a series of events which are together a material breach) of any of its obligations under this Agreement that is capable of remedy (whether the same or different obligations and regardless of whether the Contractor has remedied those breaches on previous occasions). (each a “Notifiable Default”), the Contractor shall notify the DCC of the Notifiable Default as soon as practicable but in any event within five (5) Business Days of becoming aware of the Notifiable Default, detailing the actual or anticipated effect of the Notifiable Default. To the extent that any of the events set out in 11.1 occur and the Contractor reasonably believes that a Relief Event applies then the Contractor shall notify the DCC in accordance with Clause 13., 11.2 If:-10.2 If:‌ 11.2.1 10.2.1 the Contractor notifies the DCC pursuant to Clause 11.1 10.1 that a Notifiable Default has occurred and such Notifiable Default is not subject to a Relief Eventoccurred; or 11.2.2 10.2.2 the DCC notifies the Contractor that it considers that a Notifiable Default has occurred and such Notifiable Default is not subject to a Relief Event or that there has been a breach of Clause 52 of this Agreement by the Contractor to which the Rectification Plan Process applies (setting out sufficient detail so that it is reasonably clear what the Contractor has to rectify), then, without prejudice to the DCC's other rights and remedies (including the rights under Schedule 8.10 (Enhanced Scrutiny and Step In) and/or to terminate), the Contractor shall comply with the Rectification Plan Process. 10.3 The Contractor shall submit a draft Rectification Plan to the DCC for it to review as soon as possible after the original notification pursuant to Clause 10.1. The Contractor shall submit a draft Rectification Plan even if the Contractor disputes that it is responsible for the Notifiable Default provided that it is reasonable for the Contractor to do so insofar as the Contractor having access to the information or systems for it perform the obligations under Clause 10.5. 10.4 The draft Rectification Plan shall set out: 10.4.1 full details of the Notifiable Default that has occurred, including a root cause analysis (where applicable); 10.4.2 the actual or anticipated effect of the Notifiable Default; and 10.4.3 the steps which the Contractor 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); and 10.4.4 where the draft Rectification Plan is in respect of a Delay (pursuant to Clause 10.1.1): (a) statement confirming that the Delay (and the implementation of the Rectification Plan) will not impact on the Achievement of all other Milestones by the Milestone Dates or otherwise adversely impact the provision of Services; and (b) where the Contractor is not able to make such statement (and it is applicable in the circumstances) it shall notify the DCC of such in writing before submitting the draft Rectification Plan. In this event, both Parties shall then meet to discuss the impact on the achievement of future Milestones. 10.5 The Contractor shall promptly provide to the DCC any further documentation that the DCC reasonably requires to assess the Contractor’s draft Rectification Plan (including the Contractor’s root cause analysis).‌

Rectification Plan. 11.1 7.1 Subject to Clause 13 8 (Relief Events) (i.e. where a Relief Event does not apply), in the event that:-‌that:- 11.1.1 7.1.1 there is, or is reasonably likely to be, a Delay;‌ 11.1.2 any of the events referred to in Paragraph 6.2 of Part B of Schedule 2.2 (Performance Measures and Monitoring) occursDelay; 11.1.3 there has been a Critical KPI Failure; or 11.1.4 7.1.2 the Contractor commits a material breach (being a single event or a series of events which are together a material breach) of any of its obligations under this Agreement that is capable of remedy (whether the same or different obligations and regardless of whether the Contractor has remedied those breaches on previous occasions). , (each a “Notifiable Default”), the Contractor shall notify the DCC of the Notifiable Default as soon as practicable but in any event within five two (52) Business Working Days of becoming aware of the Notifiable Default, detailing Default such notification to detail the actual or anticipated effect of the Notifiable Default. To the extent that any of the events set out in 11.1 occur and the Contractor reasonably believes that a Relief Event applies then the Contractor shall notify the DCC in accordance with Clause 13. 11.2 7.2 If:- 11.2.1 7.2.1 the Contractor notifies the DCC pursuant to Clause 11.1 7.1 that a Notifiable Default has occurred; or 7.2.2 the DCC notifies the Contractor that a Notifiable Default has occurred and such Notifiable Default is not subject to a Relief Event; or 11.2.2 the DCC notifies the Contractor that it considers that a Notifiable Default has occurred and such Notifiable Default is not subject to a Relief Event or that there has been a breach of Clause 52 of this Agreement by the Contractor to which the Rectification Plan Process applies (setting out sufficient detail so that it is reasonably clear what the Contractor has to rectify), then, without prejudice to the DCC's other rights and remedies (including the rights under Schedule 8.10 (Enhanced Scrutiny and Step In) and/or to terminate, if applicable), the Contractor shall comply with the requirements of Clauses 7.3 to 7.10 (inclusive) (the “Rectification Plan Process”). 7.3 The Contractor shall provide a draft Rectification Plan to the DCC for it to review as soon as reasonably practicable and in any event within five (5) Working Days (or such other period as may be agreed between the Parties) after the original notification pursuant to Clause 7.1. The Contractor shall submit a draft Rectification Plan even if the Contractor disputes that it is responsible for the Notifiable Default. 7.4 The draft Rectification Plan shall set out:- 7.4.1 the full details of the Notifiable Default that has occurred, including a root cause analysis (where applicable); 7.4.2 the actual or anticipated effect of the Notifiable Default; 7.4.3 the steps which the Contractor has taken, and if relevant, 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); and 7.4.4 where the draft Rectification Plan is in respect of a Delay (pursuant to Clause 7.1.1): (a) subject to Clause 7.4.4(b), a statement confirming that the Delay (and the implementation of the Rectification Plan) will not impact on the Achievement of all other Milestones by the Milestone Dates or otherwise adversely impact the provision of Services; and (b) where the Contractor is not able to make such statement (and it is applicable in the circumstances) it shall notify the DCC of such in writing before submitting the draft Rectification Plan. In this event, both Parties shall then meet to discuss the impact on the achievement of future Milestones (if applicable). 7.5 The Contractor shall as soon as reasonably practicable having regard to all of the circumstances, provide to the DCC any further documentation that the DCC may reasonably require in order to assess the Contractor's draft Rectification Plan (including any root cause analysis).