Other Performance Standards Sample Clauses

The "Other Performance Standards" clause defines additional criteria or benchmarks that a party must meet in fulfilling its contractual obligations, beyond those already specified elsewhere in the agreement. This may include requirements related to quality, timeliness, compliance with industry norms, or adherence to specific procedures. For example, a service provider might be required to follow certain safety protocols or maintain particular certifications. The core function of this clause is to ensure that all aspects of performance are clearly outlined, reducing ambiguity and helping to prevent disputes over whether contractual duties have been properly met.
Other Performance Standards. In addition MH shall perform all of the services described in Section 1 of this Agreement: (i) in a manner consistent with standards generally applicable in the United States chemical manufacturing industry in connection with the production of chemical products comparable to the Product, at a minimum consistent with those standards MH adheres to at the sulphanation plant located within the MH Facility, but in any event consistent with the operating manual applicable to the production of Product at RP’s Chicago Heights, Illinois dicalcium phosphate production facility (the “Chicago Heights Facility”), such operating manual is attached hereto as Exhibit D (the “Operating Manual”); (ii) in material compliance with all laws and regulations applicable to the Plant and its operations, including, without limitation, any laws relating to health, safety or the protection of the environment as well as the standards formulated pursuant to Section 4(c)(i), and (iii) such that the Design Standards, as defined in Section 4(a), are adhered to in all material respects.
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Other Performance Standards. Dealer shall meet such other sales performance standards or best business practices as may be established by Case IH in the DOG.
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Other Performance Standards. Operator shall perform all work where no specific performance standard otherwise provided for herein or by Applicable Laws or regulation, to a generally accepted industry standard or performance expected of a competent and experienced individual who performs work of such nature for his or her livelihood, including maintaining an agreeable professional relationship with other contractors who may be working at the site. In addition to any other of its rights, the RECEIVER/TRUSTEE may require that the Operator, at Operator’s sole cost and expense, review and correct any errors or deficiency in any work that does not meet the above specified standard. Operator shall perform engineering and planning services in accordance with generally accepted standards of professional engineering or planning practice. In addition to any other of its rights, the RECEIVER/TRUSTEE may require that the Operator, at Operator’s sole cost and expense, review and correct any errors of deficiency of the Operator’s studies, designs, reports, and/or other engineering or planning services. Further, Operator shall be responsible for the costs of correction of any faulty physical construction resulting from errors or omissions in its engineering or planning services. In the event that Operator utilizes subcontractors in performing any work required to be performed by Operator herein, Operator shall require subcontractors to meet the performance standards specified in this Agreement. Operator shall be responsible for such work as though Operator performed such work without the use of a subcontractor. Operator and subcontractors to Operator shall be appropriately licensed to perform all work in accordance with Applicable Laws. Operator shall have primary responsibility to establish and implement the procedures governing access to the Facility and the use thereof by RECEIVER/TRUSTEE, and the operation thereof by the Operator. Notwithstanding the foregoing, no such procedure shall conflict with: (i) any Applicable Laws or regulations; (ii) any provision of this Agreement; or (iii) any established procedure of the RECEIVER/TRUSTEE. Further, the RECEIVER/TRUSTEE retains the right, but not the obligation, to review, amend and disapprove of any such procedure. In performing its duties herein, Operator shall be required, pursuant to direction provided by the RECEIVER/TRUSTEE, to coordinate such performance with the performance of the duties required of the contractors and consultants under each of...
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Other Performance Standards. Dealer shall meet such other sales performance standards or best business practices as may be established by New Holland in the DPM.
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Related to Other Performance Standards

  • Performance Standards The Contractor agrees to perform all tasks and provide deliverables as set forth in the Contract. The Department and the Customer will be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof.

  • Performance Standard Contractor shall perform all work hereunder in a manner consistent with the level of competency and standard of care normally observed by a person practicing in Contractor's profession. County has relied upon the professional ability and training of Contractor as a material inducement to enter into this Agreement. Contractor hereby agrees to provide all services under this Agreement in accordance with generally accepted professional practices and standards of care, as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of Contractor’s work by County shall not operate as a waiver or release. If County determines that any of Contractor's work is not in accordance with such level of competency and standard of care, County, in its sole discretion, shall have the right to do any or all of the following: (a) require Contractor to meet with County to review the quality of the work and resolve matters of concern; (b) require Contractor to repeat the work at no additional charge until it is satisfactory; (c) terminate this Agreement pursuant to the provisions of Article 4; or (d) pursue any and all other remedies at law or in equity.

  • SYSTEM PERFORMANCE REQUIREMENTS Certain functions of the Platform are subject to the service level agreement described in the Agreement. The following additional terms apply to Electronic Communication Services (as defined below). Such terms control in the event of a conflict with the terms of the Agreement. 1. These terms apply only to NCR Voyix’s provision of electronic communication services, such as NCR Voyix Pulse Real Time Text Paging, certain NCR Voyix online ordering functionalities and NCR Voyix Consumer Marketing (collectively, “Communication Services”). The Communication Services may enable you to send communications to your patrons, end-users or other recipients (collectively, “Recipients”), including e-mails, text messages or other electronic messages (collectively, “Communications”). Communications may be routed through wireless or mobile carriers, internet service providers or other communication service providers (each, a “CSP”). 2. You are entirely responsible for your use of the Communication Services, including, but not limited to: (a) proper account setup and configuration settings; (b) obtaining consents or opt-ins from Recipients to receive Communications; (c) compliance with requests to opt-out or unsubscribe from Communications; (d) providing all required disclosures; and (e) use of valid phone numbers, e-mail addresses or other communications identifiers as appropriate for the particular type of Communication. You are responsible for compliance with (i) all laws, rules, regulations and ordinances (including, without limitation, the Telephone Consumer Protection Act, the Federal Trade Commission Act, and the CAN-SPAM Act) and (ii) all industry standards and CSP requirements and policies (including, without limitation, all “S.H.A.F.T” rules and similar standards), in each case, as applicable to your use of the Communication Services or the conduct of your business (collectively, “Applicable Legal Requirements”). You will not use the Communication Services in violation of Applicable Legal Requirements or to engage in any illegal or unethical activity. You are solely responsible for the content and accuracy of your Communications and any products or services offered for sale therein. You will not send any misleading, inaccurate, threatening, libelous, obscene, harassing, or offensive Communication. If NCR Voyix provides images or other materials as part of the Communication Services, you may only use them for your permitted use of the Communication Services. Further, you may not use any third-party or purchased e-mail list(s) in connection with the Communication Services. NCR Voyix may immediately suspend or terminate your use of the Communication Services if you breach any obligation under this Section. You agree to immediately report any violation of this Section to NCR Voyix and provide cooperation, as requested by NCR Voyix, to investigate and/or remedy that violation. You are responsible for any and all charges (including, but not limited to, fees associated with text or email messaging) imposed by your CSP. Message and data rates may apply. Such charges include those from your mobile carrier or other CSP. 3. Communications may not be encrypted, so you should use appropriate care when determining the content of any Communications. Delivery and receipt of Communications may be delayed or impacted by technical or other issues with CSPs or other third parties or due to other reasons outside of NCR Voyix’s control. NCR Voyix will not be liable for any losses or damages arising from the disclosure of any Communication to any third party or the non-delivery, delayed delivery, misdirected delivery or mishandling of, or inaccurate content in, any Communication sent via the Communication Services. 4. You will indemnify, defend and hold harmless NCR Voyix and its affiliates, suppliers, agents and representatives against any and all claims, losses, costs, fines, fees, liabilities or obligations arising from: (a) your use of the Communication Services or the conduct of your business; or (b) your violation of Applicable Legal Requirements. The indemnified parties hereunder are intended third-party beneficiaries of this Section.

  • CONTRACTOR PERFORMANCE AUDIT The Contractor shall allow the Authorized User to assess Contractor’s performance by providing any materials requested in the Authorized User Agreement (e.g., page load times, response times, uptime, and fail over time). The Authorized User may perform this Contractor performance audit with a third party at its discretion, at the Authorized User’s expense. The Contractor shall perform an independent audit of its Data Centers, at least annually, at Contractor expense. The Contractor will provide a data owner facing audit report upon request by the Authorized User. The Contractor shall identify any confidential, trade secret, or proprietary information in accordance with Appendix B, Section 9(a), Confidential/Trade Secret Materials.

  • Quarterly Contractor Performance Reporting Customers shall complete a Contractor Performance Survey (Exhibit I) for each Contractor on a Quarterly basis. Customers will electronically submit the completed Contractor Performance Survey(s) to the Department Contract Manager no later than the due date indicated in Contract Exhibit D, Section 17, Additional Special Contract Conditions. The completed Contractor Performance Survey(s) will be used by the Department as a performance-reporting tool to measure the performance of Contractors. The Department reserves the right to modify the Contractor Performance Survey document and introduce additional performance-reporting tools as they are developed, including online tools (e.g. tools within MyFloridaMarketPlace or on the Department's website).