Common use of Unsatisfactory Performance Clause in Contracts

Unsatisfactory Performance. 13.1 Where in the reasonable opinion of the Authority the Contractor has failed to: 13.1.1 comply with any of the warranties in Condition 7; 13.1.2 fulfil his obligations under the Reports and Intellectual Property Schedules; or 13.1.3 progress the Project in accordance with the Specification the Authority may give the Contractor a notice specifying the way in which his performance falls short of the requirements of the Contract, or is otherwise unsatisfactory. 13.2 Where the Contractor has been notified of a failure in accordance with Condition 13.1 the Authority may: (a) direct the Contractor, to remedy the failure at his own expense within such time as may be specified by the Authority; and/or (b) withhold or reduce payments to the Contractor, in such an amount as the Authority reasonably deems appropriate in each particular case. 13.3 If, having been notified of any failure, the Contractor fails to remedy it in accordance with Condition 13.2, the Authority may treat the continuing failure as a material breach of the Agreement.

Unsatisfactory Performance. 13.1 Where in the reasonable opinion of the Authority the Contractor has failed to: 13.1.1 comply with any of the warranties in Condition 7; 13.1.2 fulfil his obligations under the Reports and Intellectual Property Schedules; or 13.1.3 progress the Project in accordance with the Specification the Authority may give the Contractor a notice specifying the way in which his performance falls short of the requirements of the Contract, or is otherwise unsatisfactory. 13.2 Where the Contractor has been notified of a failure in accordance with Condition 13.1 the Authority may: (a) direct the Contractor, to remedy the failure at his own expense within such reasonable time as may be specified by the Authority; and/or (b) withhold or reduce payments to the Contractor, in such an amount as the Authority reasonably deems appropriate in each particular case. 13.3 If, having been notified of any failure, the Contractor fails to remedy it in accordance with Condition 13.2, the Authority may treat the continuing failure as a material breach of the Agreement.