Opportunity to Improve Performance Sample Clauses

The 'Opportunity to Improve Performance' clause requires that, before any formal action is taken against a party for underperformance, they must first be given a chance to address and rectify the identified issues. Typically, this involves notifying the underperforming party of specific shortcomings and providing a set period during which they can implement corrective measures. This clause ensures fairness by allowing parties to remedy problems before facing penalties or termination, thereby promoting collaboration and reducing the likelihood of disputes.
Opportunity to Improve Performance. Contractor shall modify its collection, processing, diversion, and public education and outreach programs (subject to City’s approval) to improve the diversion level. At the end of the correction period, Contractor shall submit a written report to City identifying the diversion level and providing the supporting documentation. If City determines that the diversion level equals or exceeds diversion requirements, Contractor shall continue to perform services in such a manner as to maintain or improve the diversion level and City shall waive its rights to declare a default during the remainder of then current reporting period.
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Opportunity to Improve Performance. (1) At the time the performance appraisal is issued, a written statement of how to improve performance shall be given to the employee within thirty (30) days for each critical and non-critical element rating of "Does Not Meet." (2) Upon request, the Employer will discuss with any employee how the employee may improve his/her performance. This may be orally or in writing, at the Employer's option.
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Opportunity to Improve Performance. Prior to issuing a notice of proposed adverse action based on unacceptable performance the Employer will meet with the employee, fully discuss the performance problems, and provide him/her the following, in writing: A. Identification of the critical elements and performance standards for which the performance is unacceptable; B. Advice as to what the employee must do to bring the performance above the unacceptable/unsatisfactory level; C. Notification that the employee will be afforded a reasonable period of time (specified in calendar days) in which to bring performance above the unacceptable level; and D. Identification of training and/or developmental activities which would assist the employee in attaining performance above the unacceptable performance level, and a description of assistance the Employer shall offer to assist the employee to improve the unacceptable performance during the opportunity period.
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Related to Opportunity to Improve Performance

  • Opportunity to Defend The indemnifying party may elect to compromise or defend, at its own expense and by its own counsel, any Asserted Liability; provided, however, the indemnifying party may not compromise or settle any Asserted Liability without the prior written consent of the indemnified party (which consent will not be unreasonably withheld, conditioned or delayed) unless (i) such compromise or settlement requires no more than a monetary payment for which the indemnified party hereunder is fully indemnified and such settlement provides a complete release of, or dismissal with prejudice of, all claims against the indemnified party for all matters that were or could have been asserted in connection with such claim, or (ii) involves no other matters binding upon the indemnified party (other than obligations of confidentiality). If the indemnifying party elects to compromise or defend such Asserted Liability, it will within thirty (30) calendar days from receipt of the Claims Notice notify the indemnified party of its intent to do so, and the indemnified party will cooperate, at the expense of the indemnifying party, in the compromise of, or defense against, such Asserted Liability. If the indemnified party fails to cooperate, then each indemnifying party will be relieved of its obligations under this Section 6 only to the extent that such indemnifying party is prejudiced by such failure to cooperate. Unless and until the indemnifying party elects to defend the Asserted Liability, the indemnified party will have the right, at its option, to do so in such manner as it deems appropriate; provided, however, that the indemnified party will not settle or compromise any Asserted Liability for which it seeks indemnification hereunder without the prior written consent of the indemnifying party (which will not be unreasonably withheld, conditioned or delayed). The indemnifying party will be entitled to participate in (but not to control) the defense of any Asserted Liability that it has elected not to defend with its own counsel and at its own expense.

  • Notice and Opportunity to Defend Promptly after the receipt by Buyer or the Company and/or the Seller of notice of any action, proceeding, claim or potential claim (any of which is hereinafter individually referred to as a “Circumstance”) which could give rise to a right to indemnification under this Agreement, such party (the “Indemnified Party”) shall give prompt written notice to the party or parties who may become obligated to provide indemnification hereunder (the “Indemnifying Party”). Such notice shall specify in reasonable detail the basis and amount, if ascertainable, of any claim that would be based upon the Circumstance. The failure to give such notice promptly shall relieve the Indemnifying Party of its indemnification obligations under this Agreement, unless the Indemnified Party establishes that the Indemnifying Party either had knowledge of the Circumstance or was not prejudiced by the failure to give notice of the Circumstance. The Indemnifying Party shall have the right, at its option, to compromise or defend the claim, at its own expense and by its own counsel, and otherwise control any such matter involving the asserted liability of the Indemnified Party, provided that any such compromise or control shall be subject to obtaining the prior written consent of the Indemnified Party which shall not be unreasonably withheld. An Indemnifying Party shall not be liable for any costs of settlement incurred without the written consent of the Indemnifying Party. If any Indemnifying Party undertakes to compromise or defend any asserted liability, it shall promptly notify the Indemnified Party of its intention to do so, and the Indemnified Party agrees to cooperate fully with the Indemnifying Party and its counsel in the compromise of or defense against any such asserted liability. All costs and expenses incurred in connection with such cooperation shall be borne by the Indemnifying Party, provided such costs and expenses have been previously approved by the Indemnifying Party. In any event, the Indemnified Party shall have the right at its own expense to participate in the defense of an asserted liability.

  • Opportunity to Review Customer declares that it has had sufficient opportunity to review this Agreement, understand the content of all of its sections, negotiate its terms, and seek independent professional legal advice before entering into it. Consequently, any statutory “form contract” (“adhesion contract”) regulations shall not be applicable to this Agreement.

  • Performance by Affiliates Each Party may discharge any obligations and exercise any right hereunder through any of its Affiliates. Each Party hereby guarantees the performance by its Affiliates of such Party’s obligations under this Agreement, and shall cause its Affiliates to comply with the provisions of this Agreement in connection with such performance. Any breach by a Party’s Affiliate of any of such Party’s obligations under this Agreement shall be deemed a breach by such Party, and the other Party may proceed directly against such Party without any obligation to first proceed against such Party’s Affiliate.

  • Ability to Abandon CVR A Holder may at any time, at such Holder’s option, abandon all of such Holder’s remaining rights in a CVR by transferring such CVR to Parent without consideration therefor. Nothing in this Agreement is intended to prohibit Parent from offering to acquire CVRs for consideration in its sole discretion.