REMEDIES FOR FAILURE TO ACHIEVE KPIs Clause Samples
The "Remedies for Failure to Achieve KPIs" clause defines the actions or consequences that apply if a party does not meet the agreed-upon Key Performance Indicators (KPIs) in a contract. Typically, this clause outlines specific remedies such as financial penalties, service credits, or the right to require corrective action plans, and may even allow for contract termination in severe cases. By clearly specifying the repercussions for underperformance, this clause ensures accountability and provides a structured process for addressing failures, thereby protecting the interests of the party relying on the KPIs.
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REMEDIES FOR FAILURE TO ACHIEVE KPIs. 4.1. Without prejudice to any other rights or remedies arising under this Framework Agreement if the Supplier fails to achieve any of the KPI Targets in accordance with paragraph 3 above on any one or more occasions, the Supplier acknowledges and agrees that the Authority shall have the right to exercise (in its absolute sole discretion) all or any of the following remedial actions set out in paragraphs 4.2 to 4.7 below.
4.2. The Authority shall be entitled to require the Supplier, and the Supplier agrees to prepare and provide to the Authority, an improvement plan within fourteen (14) Working Days of a written request by the Authority for such improvement plan. The Authority shall be entitled to approve such improvement plan and require that the Supplier implement such improvement plan as soon as reasonably practicable.
4.3. The Authority shall be entitled to require the Supplier, and the Supplier agrees to attend, within a reasonable time one (1) or more meetings at the request of the Authority in order to resolve the issues raised by the Authority in its notice to the Supplier requesting such meetings.
4.4. The Authority shall be entitled to serve an improvement notice on the Supplier and the Supplier shall implement such requirements for improvement as set out in the improvement notice.
4.5. The Authority shall be entitled to suspend the Supplier from bidding in any Further Competition and/or entering into any Call-Off Contract with any Contracting Body until such time as, in Authority’s absolute sole discretion, Authority is satisfied that the Supplier has implemented such requirements for improvement as set out in the improvement notice and/or implemented an improvement plan submitted pursuant to paragraph 4.2 above and Approved.
4.6. In the event that the Authority has, in its absolute sole discretion, invoked one or more of the remedies set out in paragraphs 4.2 to 4.5 above and the Supplier either:
4.7.1 fails to implement such requirements for improvement as set out in the improvement notice; and/or
4.7.2 fails to implement an improvement plan Approved by the Authority pursuant to paragraph 4.2; and/or
4.7.3 fails to comply with any reasonable request made by the Authority within such reasonable timescales as have been specified by the Authority; or
4.7.4 does comply with such requests made by the Authority within such reasonable timescales as have been specified by the Authority but the Supplier fails to achieve any of the KPI Targets on any one...
REMEDIES FOR FAILURE TO ACHIEVE KPIs. 2.1 Without prejudice to any other rights or remedies accruing to the Authority under this Framework Agreement if the Supplier fails to achieve any of the KPI Targets in accordance with paragraph 3.3 above on any two or more occasions, the Supplier acknowledges and agrees that the Authority shall have the right to exercise (in its sole and absolute discretion) all or any of the remedial actions set out in Clause 30 (Authority Remedies).
REMEDIES FOR FAILURE TO ACHIEVE KPIs. 4.4 Without prejudice to any other rights or remedies arising under this Framework Agreement if the Provider fails to achieve any of the KPI Targets on any one (1) or more occasions, the Provider acknowledges and agrees that the Authority shall have the right to exercise (in its absolute discretion) all or any of the following remedial actions set out in paragraphs 4.5 to 4.9.
4.5 The Authority shall be entitled to require the Provider, and the Provider agrees to prepare and provide to the Authority, an improvement plan within fourteen
REMEDIES FOR FAILURE TO ACHIEVE KPIs. 4.1. Without prejudice to any other rights or remedies arising under this Framework Agreement if the Supplier fails to achieve any of the KPI Targets in accordance with paragraph 3 above on any one or more occasions, the Supplier acknowledges and agrees that the Authority shall have the right to exercise (in its absolute sole discretion) all or any of the following remedial actions set out in paragraphs 4.2 to 4.7 below.
4.2. The Authority shall be entitled to require the Supplier, and the Supplier agrees to prepare and provide to the Authority, an improvement plan within fourteen (14) Working Days of a written request by the Authority for such improvement plan. The Authority shall be entitled to approve such improvement plan and require that the Supplier implement such improvement plan as soon as reasonably practicable.