Common use of Rectification Plan Clause in Contracts

Rectification Plan. ‌ 11.1 In the event that:-‌ 11.1.1 there is, or is reasonably likely to be, a Delay; 11.1.2 in any one month there has been a KPI Failure; and/or 11.1.3 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 three (3) Business Days of becoming aware of the Notifiable Default, detailing the actual or anticipated effect of the Notifiable Default. 11.2 If: 11.2.1 the Contractor notifies the DCC pursuant to Clause 11.1 that a Notifiable Default has occurred; or 11.2.2 the DCC notifies the Contractor that it considers that a Notifiable Default has occurred (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 right to terminate), the Contractor shall comply with the Rectification Plan Process.

Appears in 2 contracts

Sources: Agreement for the Provision of Software Development and Related Services, Agreement for the Provision of Software Development and Related Services