Common use of Rectification Clause in Contracts

Rectification. If a Contractor Default has occurred and the Authority wishes to terminate this Agreement, it must serve a Termination Notice on the Contractor. The Termination Notice must specify: the type and nature of Contractor Default that has occurred, giving reasonable details; and that in the case of any Contractor Default falling within limbs (a), (g) and (o) of the definition of Contractor Default this Agreement will terminate on the day falling forty (40) Business Days after the date the Contractor receives the Termination Notice, unless: in the case of a breach under limb (a) of the definition of Contractor Default the Contractor puts forward an acceptable rectification programme within twenty (20) Business Days after the date the Contractor receives the Termination Notice (and implements such programme in accordance with its terms and rectifies the Contractor Default in accordance with the programme); or in the case of any Contractor Default falling within limbs (a), (g) and (o) of the definition of Contractor Default the Contractor rectifies the Contractor Default within forty (40) Business Days after the date the Contractor receives the Termination Notice; or that in the case of any other Contractor Default (not being limbs (a), (g) or (o)), this Agreement will terminate on the date falling forty (40) Business Days after the date the Contractor receives the Termination Notice. If the Contractor either rectifies the Contractor Default within the time period specified in the Termination Notice, or implements the accepted rectification programme, if applicable, in accordance with its terms, the Termination Notice will be deemed to be revoked and this Agreement will continue. If either in the case of a Contractor Default within limb (a) of the definition of that term where no acceptable rectification programme has been put forward pursuant to clause 41.4.2.2.1 or in the case of a Contractor Default falling within limbs (g) or (o) of the definition of Contractor Default, the Contractor fails to rectify the Contractor Default within the time period specified in the Termination Notice, the Authority may give notice stating that this Agreement will, subject to the terms of the Direct Agreement, terminate on the date falling five (5) Business Days after the date of service of such notice. If the Contractor fails to implement any rectification programme in accordance with its terms, this Agreement will, subject to the terms of the Direct Agreement, terminate on the date falling five (5) Business Days after the date of notification by the Authority to the Contractor of such failure to implement the rectification programme in accordance with its terms. TERMINATION FOR PERSISTENT BREACH BY THE CONTRACTOR Warning Notice If a particular breach (other than any breach for which a Deduction could have been made) has continued for more than fourteen (14) days or occurred more than three (3) times in any six (6) month period then the Authority may serve a notice on the Contractor: specifying that it is a formal warning notice; giving reasonable details of the breach; and stating that the breach is a breach which, if it recurs frequently or continues, may result in a termination of this Agreement. Final Notice If, following service of a warning notice the breach specified has continued beyond thirty (30) days or recurred in three (3) or more months within the six (6) month period after the date of service, then the Authority may serve another notice (a Final Warning Notice) on the Contractor: specifying that it is a Final Warning Notice; stating that the breach specified has been the subject of a warning notice served within the six (6) month period prior to the date of service of the Final Warning Notice; and stating that if the breach continues for more than fourteen (14) days or recurs in three (3) or more months within the six (6) month period after the date of service of the Final Warning Notice, this Agreement may be terminated. Currency of Warning Notices A warning notice may not be served in respect of any incident of breach which has previously been counted in the making of a separate warning notice.

Rectification. If a Contractor Default has occurred and the Authority wishes to terminate this AgreementContract, it must serve a Termination Notice on the Contractor. The Termination Notice must specify: the type and nature of Contractor Default that has occurred, giving reasonable details; and that in the case of any Contractor Default falling within limbs paragraphs (a), (g) and (o) of the definition of Contractor Default this Agreement Contract will terminate on the day Day falling forty (40) Business Days after the date the Contractor receives the Termination Notice, unless: in the case of a breach under limb paragraph (a) of the definition of Contractor Default the Contractor puts forward an acceptable rectification programme within twenty (20) Business Days after the date the Contractor receives the Termination Notice (and implements such programme in accordance with its terms and rectifies the Contractor Default in accordance with the programme); or in the case of any Contractor Default falling within limbs paragraphs (a), (g) and (o) of the definition of Contractor Default the Contractor rectifies the Contractor Default within forty (40) Business Days after the date the Contractor receives the Termination Notice; or that in the case of any Contractor Default falling within paragraph (g) of the definition of Contractor Default this Contract will terminate on the Day the Contractor receives the Termination Notice; that in the case of any other Contractor Default (not being limbs paragraphs (a), ) and (g) or (o)of the definition of Contractor Default), this Agreement Contract will terminate on the date falling forty (40) Business Days after the date the Contractor receives the Termination NoticeNotice (and in such circumstances this Contract shall terminate on such date). If the Contractor either rectifies the Contractor Default within the time period specified in the Termination Notice, or implements the accepted rectification programme, if applicable, in accordance with its terms, the Termination Notice will be deemed to be revoked and this Agreement Contract will continue. If either If: in the case of a Contractor Default within limb paragraph (a) of the definition of that term where Contractor Default, no acceptable rectification programme has been put forward pursuant to clause 41.4.2.2.1 or in the case of a Contractor Default falling within limbs 34.2 (gRectification) or (o) of the definition of Contractor Default, and the Contractor fails to rectify the Contractor Default within the time period specified in the Termination Notice, ; the Authority may give notice stating that this Agreement will, subject to the terms of the Direct Agreement, Contract will terminate on the date falling five (5) Business Days after the date of service receipt of such notice. If the Contractor fails to implement any rectification remediation programme in accordance with its terms, this Agreement will, subject to the terms of the Direct Agreement, Contract will terminate on the date falling five (5) Business Days after the date of notification by the Authority to the Contractor of such failure to implement the rectification remediation programme in accordance with its terms. TERMINATION FOR PERSISTENT BREACH BY THE CONTRACTOR Warning Notice If a particular breach (other than any breach for which a Deduction could have been made) has continued for more than fourteen (14) days or occurred more than three (3) times in any six (6) month period then terms The Contractor shall notify the Authority may serve a notice on the Contractor: specifying that immediately it is a formal warning notice; giving reasonable details of the breach; and stating that the breach is a breach which, if it recurs frequently or continues, may result in a termination of this Agreement. Final Notice If, following service of a warning notice the breach specified has continued beyond thirty (30) days or recurred in three (3) or more months within the six (6) month period after the date of service, then the Authority may serve another notice (a Final Warning Notice) on the Contractor: specifying that it is a Final Warning Notice; stating that the breach specified has been the subject of a warning notice served within the six (6) month period prior to the date of service of the Final Warning Notice; and stating that if the breach continues for more than fourteen (14) days or recurs in three (3) or more months within the six (6) month period after the date of service of the Final Warning Notice, this Agreement may be terminated. Currency of Warning Notices A warning notice may not be served in respect knowledge of any incident of breach event which has previously been counted in the making of constitutes a separate warning noticeContractor Default.

Rectification. 29.4.1 If a Contractor Default has occurred and the Authority wishes to terminate this Agreement, it must serve a Termination Notice on the Contractor. . 29.4.2 The Termination Notice must specify: specify:- (a) the type and nature of the Contractor Default that has occurred, giving reasonable details; and and (b) that in the case of any Contractor Default falling within limbs (a), (g), (h) and (on) of the definition of Contractor Default this Agreement will terminate on the day falling forty (40) Business Working Days after the date the Contractor receives the Termination Notice, unless: unless:- (i) in the case of a breach under limb (a) of the definition of Contractor Default the Contractor puts forward an acceptable rectification programme within twenty (20) Business Working Days after the date the Contractor receives the Termination Notice (and implements such programme in accordance with its terms and rectifies the Contractor Default in accordance with the programme); or or (ii) in the case of any Contractor Default falling within limbs (a), (g), (h) and (on) of the definition of Contractor Default Default, the Contractor rectifies the Contractor Default within forty (40) Business Working Days after the date the Contractor receives the Termination Notice; or that or (c) in the case of any other Contractor Default (not being falling within the remaining limbs (a), (g) or (o)), of the definition of Contractor Default this Agreement will will, subject to the terms of the Direct Agreement, terminate on the date falling forty (40) Business Working Days after the date the Contractor receives the Termination Notice. . 29.4.3 If the Contractor either rectifies the Contractor Default within the time period specified in the Termination Notice, or implements the accepted rectification programme, if applicable, in accordance with its terms, the Termination Notice will be deemed to be revoked and this Agreement will continue. . 29.4.4 If either in the case of a Contractor Default within limb (a) of the definition of that term where no acceptable rectification programme has been put forward pursuant to clause 41.4.2.2.1 or in the case of a Contractor Default falling within limbs (g) or (o) of the definition of Contractor Default, the Contractor fails to rectify the Contractor Default within the time period specified in the Termination NoticeNotice (or in accordance with any accepted rectification programme), the Authority may give notice stating that this Agreement will, subject to the terms of the Direct Agreement, terminate on the date falling five forty (540) Business Working Days after the date of service receipt of such notice. the Termination Notice. 29.4.5 If the Contractor fails to implement any rectification programme in accordance with its terms, this Agreement will, subject to the terms of the Direct Agreement, terminate on the date falling five forty (540) Business Working Days after the date of notification by the Authority to the Contractor of such failure to implement the rectification programme in accordance with its terms. TERMINATION FOR PERSISTENT BREACH BY THE CONTRACTOR Warning Notice If a particular breach (other than any breach for which a Deduction could have been made) has continued for more than fourteen (14) days or occurred more than three (3) times in any six (6) month period then the Authority may serve a notice on the Contractor: specifying that it is a formal warning notice; giving reasonable details of the breach; and stating that the breach is a breach which, if it recurs frequently or continues, may result in a termination of this Agreement. Final Notice If, following service of a warning notice the breach specified has continued beyond thirty (30) days or recurred in three (3) or more months within the six (6) month period after the date of service, then the Authority may serve another notice (a Final Warning Notice) on the Contractor: specifying that it is a Final Warning Notice; stating that the breach specified has been the subject of a warning notice served within the six (6) month period prior to the date of service of the Final Warning Notice; and stating that if the breach continues for more than fourteen (14) days or recurs in three (3) or more months within the six (6) month period after the date of service of the Final Warning Notice, this Agreement may be terminated. Currency of Warning Notices A warning notice may not be served in respect of any incident of breach which has previously been counted in the making of a separate warning notice.