Remedial Process Sample Clauses

The Remedial Process clause outlines the steps and procedures that must be followed when a party fails to meet its contractual obligations or breaches the agreement. Typically, this clause specifies how the non-breaching party should notify the breaching party of the issue, the timeframe allowed for the breaching party to correct or "remedy" the problem, and any consequences if the issue is not resolved within the specified period. By establishing a clear process for addressing and resolving breaches, this clause helps ensure that both parties have an opportunity to fix problems before more severe actions, such as termination or legal proceedings, are taken.
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Remedial Process. Following the issue of Consultation Notice by either Party, within a period not exceeding 90 days or such extended period as they may agree (the “Remedial Period”) the Parties shall, endeavour to arrive at an Agreement as to the manner of rectifying or remedying the underlying Event of Default. Without prejudice to this, if the underlying event is a concessionaire Event of Default, with the prior approval of the Authority and in consultation with the Lenders, the Concessionaire shall endeavour to arrive at an Agreement as to one or more of the following measures and/or such other measures as may be considered appropriate by them in the attendant circumstances; (a) the change of management or control/ownership of the Concessionaire; (b) the replacement of the Concessionaire by a new Concessionaire (“Substitute Entity”) on terms no less favourable than those contained in this Agreement, proposed by either of them or the Lenders and the specific terms and conditions of such replacement which shall include: (i) the criteria for selection of the Substitute Entity, (ii) the transfer of rights and obligations of the Concessionaire surviving under this Agreement to the Substitute Entity, (iii) handing over/ transfer of the Project Assets and the Project to the Substitute Entity, (iv) assumption by the Substitute Entity of the outstanding obligations of the Concessionaire under the Financing Documents and preserving Lenders’ charge on the Concessionaire’s assets, (v) assumption by Substitute Entity of any amounts due to the Authority from the Concessionaire under this Agreement.
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Remedial Process. Following the issue of Consultation Notice by either Party, within a period not exceeding 90 (ninety) Days or such extended period as the Parties may agree (“Remedial Period”) the Parties shall, endeavour to arrive at an agreement as to the manner of rectifying or remedying the underlying Event of Default. Without prejudice to this, if the underlying event is a SPV Event of Default, the Authority shall endeavour to arrive at an agreement as to and/or any measures as may be considered appropriate by them in the attendant circumstances.
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Remedial Process. (If applicable) (a) the change of management or control/ownership of the Operator; (b) the replacement of the Operator by a new operator (“Selectee”) proposed by the Senior Lenders (in terms of the Substitution Agreement), and the specific terms and conditions of such replacement which shall include : (i) the criteria for selection of the Selectee; (ii) the transfer of rights and obligations of the Operator surviving under this Agreement to the Selectee; (iii) handing over/ transfer of the Project Site, the Port’s Assets and the Project Facilities and Services to the Selectee; (iv) acceptance by the Selectee of the outstanding obligations of the Operator under the Financing Documents and preserving Senior Lenders’ charge on the Operator’s assets; (v) acceptance by the Selectee of any amounts due to the Authority from the Operator under this Agreement; and (vi) payment of consideration for the Operator’s assets comprised in the Project Facilities and Services and the manner of appropriation thereof.
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Remedial Process. Following the issue of Consultation Notice by either Party, within a period not exceeding 90 (ninety) Days or such extended period as the Parties may agree (“Remedial Period”) the Parties shall endeavour to arrive at an agreement as to the manner of rectifying or remedying the underlying Event of Default. Without prejudice to this, if the underlying event is an Operator Event of Default, the Contracting Authority shall endeavour to arrive at an agreement as to one or more of the following measures and/or such other measures as may be considered appropriate by them in the associated circumstances: i. the change of management or control/ownership of the Operator;
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Remedial Process. 14.4.1 Either Party exercising its right under this Clause 14.4, shall issue to the other Party a notice in writing specifying in reasonable detail the underlying Event of Default(s) and proposing consultation amongst the Parties and the Lenders to consider possible measures of curing or otherwise dealing with the underlying Event of Default (referred to as the “Remedial Notice”). 14.4.2 Following the issue of Remedial Notice by either Party, within a period not exceeding thirty (30) days or such extended period as they may agree (referred to as the “Remedial Period”) the Parties shall, in consultation with the Lenders, endeavour to arrive at an agreement as to the manner of rectifying or remedying the underlying Event of Default. The agreement shall specify the exact nature of the underlying Event of Default and shall have the provision of mutually agreed Cure Period for the Party that has committed an Event of Default. 14.4.3 If the underlying event is a Concessionaire Event of Default, and in case the Concessionaire is unable to follow the remedial process to rectify the Event of Default within the Cure Period, the Authority shall in consultation with the Lenders endeavour to arrive at an agreement as to ensure the following measure and/or such other measures as may be considered appropriate by them in the attendant circumstances: (i) the change of management or control/ownership of the Concessionaire; or (ii) substitution of the Concessionaire by the Authority in such manner as it deems fit, and within a period of 180 days or such extended period as agreed to with the Lenders.
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Remedial Process. Following the issue of Consultation Notice by either Party, within a period not exceeding 90 (ninety) Days or such extended period as the Parties may agree (“Remedial Period”) the Parties shall, in consultation with the Senior Lenders, endeavour to arrive at an agreement as to the manner of rectifying or remedying the underlying Event of Default. Without prejudice to this, if the underlying event is a Concessionaire Event of Default, the Concessioning Authority shall in consultation with the Senior Lenders endeavour to arrive at an agreement as to one or more of the following measures and/or such other measures as may be considered appropriate by them in the attendant circumstances: (a) the change of management or control/ownership of the Concessionaire; (b) the replacement of the Concessionaire by a new Concessionaire (“Selectee”) proposed by the Senior Lenders (in terms of the Substitution Agreement), and the specific terms and conditions of such replacement which shall include: (i) the criteria for selection of the Selectee; (i) the transfer of rights and obligations of the Concessionaire surviving under this Agreement to the Selectee; (ii) handing over/ transfer of the Project Site, the Port’s Assets and the Project Facilities and Services to the Selectee;
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Remedial Process 
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Related to Remedial Process

  • Remedial Action A. If a represented individual has worked more than one thousand fifty (1,050) hours in the twelve (12) month period from the individual’s original date of hire, the represented individual may request remedial action from the State Human Resources Director in accordance with WAC 357-49. Following the Director’s review of the remedial action request, an individual may file exceptions to the Director’s decision in accordance with WAC 357. B. Remedial action is not subject to the provisions of the grievance procedure specified in Section 5.12, below.

  • Remedial Actions In the event of Recipient’s noncompliance with section 603 of the Act, other applicable laws, Treasury’s implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of section 603(c) of the Act regarding the use of funds, previous payments shall be subject to recoupment as provided in section 603(e) of the Act. Hatch Act. Recipient agrees to comply, as applicable, with requirements of the Hatch Act (5 False Statements. Recipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.

  • Remedial Work (i) Notwithstanding any previous test or certification, the Authority’s Engineer may instruct the Contractor to: (a) remove from the Site and replace any Plant or Materials which are not in accordance with the provisions of this Agreement; (b) remove and re-execute any work which is not in accordance with the provisions of this Agreement and the Specification and Standards; and (c) execute any work which is urgently required for the safety of the Project Highway, whether because of an accident, unforeseeable event or otherwise; provided that in case of any work required on account of a Force Majeure Event, the provisions of Clause 21.6 shall apply. (ii) If the Contractor fails to comply with the instructions issued by the Authority’s Engineer under Clause 11.13 (i), within the time specified in the Authority’s Engineer’s notice or as mutually agreed, the Authority’s Engineer may advise the Authority to have the work executed by another agency. The cost so incurred by the Authority for undertaking such work shall, without prejudice to the rights of the Authority to recover Damages in accordance with the provisions of this Agreement, be recoverable from the Contractor and may be deducted by the Authority from any monies due to be paid to the Contractor.

  • Remediation If Contractor claims that its products or services satisfy the applicable requirements and standards specified in Section 4.2.1 and it is later determined by HCA that any furnished product or service is not in compliance with such requirements and standards, HCA will promptly inform Contractor in writing of noncompliance. Contractor shall, at no additional cost to HCA, repair or replace the non-compliant products or services within the period specified by HCA. If the repair or replacement is not completed within the specified time, HCA may cancel the Contract, delivery, task order, or work order, or purchase line item without termination liabilities or have any necessary changes made or repairs performed by employees of HCA or by another contractor, and Contractor shall reimburse HCA for any expenses incurred thereby.

  • Informal Process The Informal Process provides an Employee with the opportunity to resolve his or her concern by using the open door process, with the assistance of a FC member, within 30 calendar days of the date the Employee became aware of the issue. While an Employee may speak with anyone in the open door process regarding a concern or problem, the Employee is encouraged to take this concern up with his immediate supervisor or may request the assistance of the Employee Advocate or a FC member to facilitate resolution of the issue.