Lack of Performance Sample Clauses

The Lack of Performance clause defines the consequences and remedies available when one party fails to fulfill their contractual obligations. Typically, this clause outlines the steps the non-breaching party can take, such as providing written notice of the deficiency, allowing a cure period, or seeking damages or termination if the issue is not resolved. Its core practical function is to protect parties from ongoing non-performance by establishing clear procedures and consequences, thereby ensuring accountability and minimizing disruption to the agreement.
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Lack of Performance. If the interpreter does not report to the court for an assignment for any reason, the interpreter will not be reimbursed for travel or compensated for the assignment. If the interpreter reports for an assignment but does not complete the assignment due to illness, personal reasons, or any other reason, the interpreter will be reimbursed for the amount of time the interpreter rendered the services and for authorized travel time from the location where the services were rendered to the interpreters’ residence using the most direct and timely route.
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Lack of Performance a. There is non-performance or low performance on the part of the Partner; specifically, if the Partner ’s Account is inactive, his/her contract and participation in the Partner’s network ends automatically. b. Hereafter, inactive means that: • the Partner did not generate enough commission for initiating a payment into his/her Partner Account, or that no monies were paid out to the Partner within 90 (ninety) days or more (by a withdrawal or a transfer to a client account); or • the Partner did not introduce any new clients within 90 (ninety) days or more; or • the Partner did not respond to any of the verification messages sent to him/her within a reasonable period of time. In the event of an automatic ending of the contract, all the cash resources remaining in the Partner Account pass to the Company.
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Lack of Performance. The Employer and Union agree that employees should perform their assigned duties at a satisfactory level. Prior to the evaluation of an employee as unsatisfactory, the following should occur: • Documented evidence of one or more counseling sessions addressing the area(s) that could lead to an unsatisfactory evaluation. The documented counseling session should be signed by the supervisor and initialed by the employee. • When the work performance of the bargaining unit employee is evaluated as unsatisfactory, the administrator to whom the employee reports shall place the employee on remediation. The administrator, Human Resources administrator and employee shall meet and draw up a remediation plan. Such bargaining unit employee shall have the right to invite a union representative to be present at that meeting. A copy of the proposed remediation plan shall be forwarded by the Human Resources Administrator to the Union President. The remediation plan shall be implemented for a period not less than sixty (60) working days. The remediation plan shall include approximate dates of at least four (4) periodic reviews of progress. The progress meetings will take place with the employee, the supervisor and a Human Resources administrator or designee. Upon the request of the employee, a union representative may attend the progress meetings. If, upon completion of the remediation, the employee’s work performance is unsatisfactory, the employee shall be terminated. An employee is not eligible for transfer during remediation.
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Lack of Performance. If the interpreter does not report to the court for an assignment for any reason, the interpreter will not be ▇▇▇▇- bursed for travel time, travel expenses or fees for the assignment. If the interpreter reports for an assignment but does not complete the assignment due to illness, personal reasons, or any other reason, the interpreter will be re- imbursed for the amount of time the interpreter rendered the services and for authorized travel time and travel expenses from the location where the services were rendered to the interpreters’ residence or other authorized location using the most direct and timely route.
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Lack of Performance. The Employer and Union agree that employees should perform their assigned duties at a satisfac- tory level. Prior to the evaluation of an employee as unsatisfactory, the following should occur: • Documented evidence of one or more counseling sessions addressing the area(s) that could lead to an unsatisfactory evaluation. The documented counseling session should be signed by the super- visor and initialed by the employee. • When the work performance of the bargaining unit employee is evaluated as unsatisfactory, the admin- istrator to whom the employee reports shall place the employee on remediation. The administrator, Human Resources administrator and employee shall meet and draw up a remediation plan. Such bargaining unit employee shall have the right to invite a union representative to be present at that meeting. A copy of the proposed remediation plan shall be forwarded by the Human Resources Administrator to the Union President. The reme- diation plan shall be implemented for a period not less than sixty (60) working days. The remediation plan shall include approximate dates of at least four
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Lack of Performance. ‌ 6.3.1 If the failure by the Principal Proponent to perform any of its obligations under this Agreement is caused by the occurrence of an event of Force Majeure, such failure shall not be construed as a breach by that Party of this Agreement, provided that the Principal Proponent diligently takes all reasonable steps to overcome and remedy the effect of the event of Force Majeure. For the purposes of this Agreement, “Force Majeure” includes any act of God, strikes, lockouts, acts of sabotage or war, blockades and insurrections, riots, landslides, earthquakes, storms, floods, fires, explosions or any other event or occurrence which is not reasonably within the control of the Party claiming suspension and which by the exercise of reasonable diligence the Principal Proponent is not able to overcome and if any of the foregoing events or occurrences has the effect of preventing the Principal Proponent from performing its obligations under this Agreement, provided that in no event will lack of finances or the direct or indirect result thereof be considered as an event or occurrence of Force Majeure. 6.3.2 The Principal Proponent shall immediately notify Geoscience BC upon the occurrence of an event of Force Majeure, and shall, within four weeks of the notification, provide Geoscience BC with a written report outlining its reasons for failure to perform any of its obligations under this Agreement. 6.3.3 If, due to the occurrence of an event of Force Majeure, the Principal Proponent is unable to complete the Project on or before the Completion Date, the Parties may reschedule the Completion Date by mutual agreement, failing which Geoscience BC may require the return of all Project Funds advanced to the Principal Proponent that are unused and not committed.
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Lack of Performance. The BORROWER shall default in the performance of any other covenant, condition, or provision thereof, or the BORROWER shall default in the performance of any other obligation which may exist between it and the LENDER either on the date hereof or in the future, and such default shall not be remedied within a period of thirty (30) days after written notice thereof to the BORROWER from the LENDER.
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Lack of Performance a. There is non-performance or low performance on the part of the Partner; specifically, if the Partner ’s Account is inactive, his/her contract and participation in the Partner’s network ends automatically. b. Hereafter, inactive means that: Account, or that no monies were paid out to the Partner within 90 (ninety) days or more (by a withdrawal or a transfer to a client account); or did not respond to any of the verification messages sent to him/her within a reasonable period of time. In the event of an automatic ending of the contract, all the cash resources remaining in the Partner Account pass to the Company.
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Related to Lack of Performance

  • Time of Performance Time for performance of the Scope of Services under this Agreement shall begin with receipt of the Notice to Proceed and end no later than December 31, 2026. Consultant shall complete the tasks described in the Scope of Services, within this time or within such additional time as may be extended by the County.

  • Excuse of Performance 10.1 The performance of this Agreement, except for the payment of money for services already rendered and such further services as are necessary for standby or to demobilize following suspension, may be suspended by either party in the event performance of this Agreement is prevented by a cause or causes beyond the reasonable control of either party or force majeure and not contemplated as a circumstance in which services hereunder are to be performed. Such causes shall include, but not be limited to, acts of God, acts of public enemies, war, rebellion, sabotage, riot, fire, explosion, unavoidable accident, or flood; Governmental laws, regulations, requirements, orders or actions; national defense requirements, injunctions or restraining orders, labor trouble, strike, lockout or injunction. In such event, the parties agree to use their Best Endeavors to eliminate the above referenced causes (provided that neither party shall be required to settle a labor dispute against its own best judgment). 10.2 The party asserting a right to suspend performance under this Agreement must, within a reasonable time after it has knowledge of the effective cause, notify the other party of the cause for suspension, the performance suspended, and the anticipated duration of suspension. Upon receipt of such notice advising of a material or indefinite suspension of performance, and if such suspension substantially impairs the value of this Agreement to it, either party may terminate this Agreement on the number of days written notice set forth in Schedule 1, as provided in Clause 11. 10.3 The party asserting a right to suspend performance hereunder shall advise the other party when the suspending event has ended, and when performance will be resumed. 10.4 Nothing herein shall be construed to oblige the Provider to deploy Response Resources in connection with Response Activities where, in the good faith judgment of the Provider’s supervisory personnel on the scene and with the agreement of the Federal On Scene Coordinator, circumstances in which the Response Activities are to be conducted present an unreasonable risk to life or property.

  • Resumption of Performance During the period that a Force Majeure Event is subsisting, the Affected Party shall, in consultation with the other Parties, make all reasonable efforts to limit or mitigate the effects of such Force Majeure Event on the performance of its obligations under the PPA. The Affected Party shall also make efforts to resume performance of its obligations under this Agreement as soon as possible and upon resumption, shall notify other Parties of the same in writing. The other Parties shall afford all reasonable assistance to the Affected Party in this regard.

  • Suspension of Performance Notwithstanding any other provision hereof, if an Event of Default or a Potential Event of Default has occurred and is continuing, the Non-Defaulting Party, upon written notice to the Defaulting Party, has the right (i) to suspend performance under any or all Transactions and (ii) to the extent an Event of Default has occurred and is continuing, to exercise any remedy available at law or in equity, except as limited be Section 5.7.