20. Unsatisfactory Performance
20.1
Where in the opinion of the Council the Contractor has
20.1.1 failed to perform the whole or any part of the Deliverables, with the standard of skill, care and diligence which a competent and suitably qualified person performing the same Deliverables could reasonably be expected to exercise,
20.1.2 or failed to perform the whole or any part of the Deliverables to the standards set out in the Specification
20.1.3 Failed to meet the KPI requirements in line with the relevant clauses in the Specification;
the Council 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.
20.2
Where the Contractor has been notified of a failure in accordance with Condition 20.1 the Council may:
20.2.1 request from the Contractor that, at his own expense and as specified by the Council, he reschedules and performs the Deliverables to the Council's satisfaction within such period as may be specified by the Council in the notice, including where necessary, the correction or re-execution of any Deliverables already carried out; or
20.2.2 withhold or reduce payments to the Contractor, in such amount as the Council deems appropriate in each particular case; or
20.2.3 seek to terminate the contract (in whole or in part).
