Failure to Achieve Goals Sample Clauses

The "Failure To Achieve Goals" clause defines the consequences and procedures that apply if one party does not meet specific objectives or performance targets outlined in the agreement. Typically, this clause will specify what constitutes a failure, such as missing deadlines, not reaching agreed-upon milestones, or underperforming against set metrics, and may outline remedies like corrective action plans, financial penalties, or even contract termination. Its core practical function is to set clear expectations and provide a structured response to underperformance, thereby protecting the interests of the parties and encouraging accountability.
Failure to Achieve Goals. If the CTC programs funded by this Grant do not demonstrate significant progress toward achieving the stated objectives (i.e., enhanced student outcomes, successful implementation of curricula, or improved workforce readiness), SIDC may require SISD to return all or part of the funds. A review and evaluation process will take place at the [quarterly/annual] intervals, or at other intervals deemed appropriate by SIDC, to assess the effectiveness of the funded programs.
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Failure to Achieve Goals. If the Company either (A) has not achieved 50% of cumulative service revenues (as such term is used in the Initial Business Plan or the Modified Business Plan) as projected in the Initial Business Plan (or Modified Business Plan, as the case may be) , which is currently projected to be $22,996,000 in the aggregate, by the third anniversary after the date hereof, (B) has exceeded 125% of cumulative pre-tax losses (as such term is used in the Initial Business Plan or the Modified Business Plan) as projected in the Initial Business Plan (or Modified Business Plan, as the case may be), which is currently projected to be $(7,881,000) in the aggregate, by the third anniversary after the date hereof, or (C) becomes insolvent or bankrupt at any time during the first three years after the date hereof, then, at Numerex's election, BellSouth may, as its sole remedy exercisable only during the 90-day period commencing on the third anniversary of the date hereof, either (a) put its ownership interest in the Company to Numerex for $15.33 million, plus interest at a 13% annual compound rate, or (b) take the following actions: (i) cause the Company to grant to Numerex a non-exclusive, royalty-free, worldwide, irrevocable license to use and market all of the Company's intellectual property relating directly to the Cellemetry Technology and a sublicense of all licenses granted by Europlex to the Company; (ii) cause the Company to distribute to BellSouth the sole ownership of the Company's intellectual property relating directly to the Cellemetry Technology, the common stock of Uplink owned by the Company and a sublicense of all licenses granted by Europlex to the Company, and any rights, contractual or otherwise (including receivables), that the Company has with respect to Uplink; (iii) cause the Company to determine the Agreed Value of the Company's intellectual property relating directly to the Cellemetry Technology and all licenses granted by Europlex to the Company and, notwithstanding any other provision of this Agreement, debit the Capital Accounts of Numerex and BellSouth by an aggregate amount equal to such Agreed Value in proportion to their respective Percentage Interests; (iv) cause the Company to determine the Agreed Value of the common stock of Uplink owned by the Company and any rights, contractual or otherwise (including receivables) that the Company has with respect to Uplink and which are distributed to BellSouth pursuant to clause (ii) (or the Agreed Value...
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Failure to Achieve Goals. The first paragraph of Section 12.17 is hereby deleted and the following is inserted in lieu thereof: "If the Company either (A) has not achieved $9,780,500 of "service revenue cumulative" (as set forth on Table 8 of the Modified Business Plan) by November 1, 2002, (B) has losses in excess of $13,648,750 of "income before taxation cumulative" (as set forth on Table 8 of the Modified Business Plan) by November 1, 2002, or (C) becomes insolvent or bankrupt at any time during the first three years after the date hereof, then, at Numerex's election, BellSouth may, as its sole remedy, either (a) put all of the outstanding Class II Shares to the Class I Member for $17.00 million, or (b) take the actions set forth below."
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Related to Failure to Achieve Goals

  • Performance Measure Grantee will adhere to the performance measures requirements documented in

  • Performance Criteria The Performance Criteria are set forth in Exhibit A to this Agreement.

  • Performance Goals A. The Trust and State Street have developed mutually acceptable performance goals dated March 1, 2011 , and as may be amended from time to time, regarding the manner in which they expect to deliver and receive the services under this Agreement (hereinafter referred to as “Service Level Agreement”). The parties agree that such Service Level Agreement reflects performance goals and any failure to perform in accordance with the provisions thereof shall not be considered a breach of contract that gives rise to contractual or other remedies. It is the intention of the parties that the sole remedy for failure to perform in accordance with the provisions of the Service Level Agreement, or any dispute relating to performance goals set forth in the Service Level Agreement, will be a meeting of the parties to resolve the failure pursuant to the consultation procedure described in Sections V. B. and V.C. below. Notwithstanding the foregoing, the parties hereby acknowledge that any party’s failure (or lack thereof) to meet the provisions of the Service Level Agreement, while not in and of itself a breach of contract giving rise to contractual or other remedies, may factor into the Trust’s reasonably determined belief regarding the standard of care exercised by State Street hereunder.

  • Performance Goal (a) Subject to the following sentence, the Performance Goal is set out in Appendix A hereto, which Appendix A is incorporated by reference herein and made a part hereof. Notwithstanding the foregoing, the provisions of Section 13 or any other provision of this Agreement to the contrary, the Committee reserves the right to unilaterally change or otherwise modify the Performance Goal in any manner whatsoever (including substituting a new Performance Goal). If the Committee exercises such discretionary authority to any extent, the Committee shall provide the Grantee with a new Appendix A in substitution for the Appendix A attached hereto, and such new Appendix A and the Performance Goal set out therein (rather than the Appendix A attached hereto and the Performance Goal set out therein) shall in all events apply for all purposes of this Agreement. (b) Depending upon the extent, if any, to which the Performance Goal has been achieved, and subject to compliance with the requirements of Section 4, each PSU shall entitle the Grantee to receive, at such time as is determined in accordance with the provisions of Section 5, between 0 and 2.0 Shares for each PSU. The Committee shall, as soon as practicable following the last day of the Performance Period, certify (i) the extent, if any, to which, in accordance with Appendix A, the Performance Goal has been achieved with respect to the Performance Period and (ii) the number of whole and/or partial Shares, if any, which, subject to compliance with the vesting requirements of Section 4, the Grantee shall be entitled to receive with respect to each PSU (with such number of whole and/or partial Shares being hereafter referred to as the “Share Delivery Factor”). Such certification shall be final, conclusive and binding on the Grantee, and on all other persons, to the maximum extent permitted by law.

  • Performance Measurement The Uniform Guidance requires completion of OMB-approved standard information collection forms (the PPR). The form focuses on outcomes, as related to the Federal Award Performance Goals that awarding Federal agencies are required to detail in the Awards.