Performance Failures Sample Clauses
A Performance Failures clause defines the consequences and procedures that apply when one party does not meet its contractual obligations or fails to perform as agreed. Typically, this clause outlines what constitutes a performance failure, the steps required for notification, and any opportunities for the defaulting party to remedy the issue within a specified period. Its core practical function is to provide a clear framework for addressing and resolving breaches of contract, thereby minimizing disputes and ensuring accountability between the parties.
Performance Failures. If in any Service Period:
Performance Failures. 43.1 The Parties shall at all times comply with the provisions of Schedule 4.
43.2 In the event of the Authority's breach of the terms of this Contract (including payment of any Contract Price properly due), the Supplier shall not be entitled suspend the Services (or any part thereof) or terminate this Contract (whether in whole or in part) but shall refer the matter to the Dispute Resolution Procedure.
Performance Failures. 6.1 Without prejudice to any other rights and remedies the Authority may have, if during the Contract Period:
6.1.1 a Service Failure occurs, Service Credits shall be deducted from the Monthly Payment in accordance with Schedule 7;
6.1.2 a Notifiable Default occurs, the Supplier shall comply with the Rectification Plan Process (in addition to the Service Credits accruing in accordance with Schedule 7); and/or
6.1.3 a Supplier Termination Event occurs, the Authority may exercise its rights to terminate the Contract in whole or in part pursuant to Clause 50.1.
6.2 Subject to Clause 6.3, not more than once in each calendar year of the Contract Period the Authority may, on giving the Supplier at least three (3) Months' notice:
6.2.1 change the weighting that applies in respect of one or more specific Key Performance Indicators; and/or
6.2.2 change the classification of one or more specific Key Performance Indicators
6.3 Within ten (10) Working Days of the date that notice is served by the Authority under Clause 6.2, the Parties shall meet to discuss the consequences of the proposed changes to the Key Performance Indicators, at which meeting the Supplier shall be entitled to make representations to the Authority regarding the consequences of the proposed changes to the Key Performance Indicators. Where the Parties (each acting reasonably) agree that the proposed changes to the Key Performance Indicators will have a material adverse impact on the risk profile of the Supplier under the Contract, the proposed change shall be agreed by the Parties via the Change Control Procedure. For all other changes to the Key Performance Indicators, the Parties agree that such change shall be incorporated into this Contract without the need to refer the matter to the Change Control Procedure and at no cost to the Authority or any other Commissioning Body.
6.4 In the event of the Authority's breach of the terms of this Contract (including payment of any Service Payment properly due), the Supplier shall not suspend the Services (or any part thereof) or terminate any part of this Contract but shall refer the matter to the Dispute Resolution Procedure.
Performance Failures. If in any Service Period a KPI Failure occurs, Service Credits shall be deducted from the Service Charges in accordance with Paragraph 3 of Part B of Schedule 7.1 (Charges and Invoicing).
Performance Failures. 8.2.1 Performance ratings of either a 2 (improvement needed) or 1 (unsatisfactory) are considered to be performance failures and are subject to either financial abatement and/or additional reporting through submission of action plans, as described under the abatement regime at clause 9 of this document.
Performance Failures. In the event that Supplier fails to perform any Services in accordance with the requirements of this Agreement or the applicable SOW, or Airline is otherwise dissatisfied with Supplier’s performance, Airline may give Supplier written notice specifying the areas of deficient performance. An appropriate representative of Supplier shall then meet with Airline’s representative within seven (7) calendar days of receipt of such notice and present a plan to address such deficiencies. If the Parties do not mutually agree on such a plan, or such deficiencies continue without material improvement (as determined by Airline in its reasonable discretion) for thirty (30) calendar days after Airline’s initial written notice, then Airline may terminate the applicable SOW, or Airline may provide Supplier with an additional written notice specifying areas of continued deficiency.
Performance Failures. (i) the occurrence of any of the following events shall constitute a "Performance Failure":
1. if, at any time after the Substantial Completion Date and for any reason other than a Force Majeure Event, chilled water is not provided to the Supplier's side of the Chilled Water Delivery Point at 13,905 gallons per minute and 42 degrees Fahrenheit or lower;
2. if, at any time after the Substantial Completion Date and for any reason other than a Force Majeure Event, hot water is not-provided, to the Supplier's side of the Hot Water Delivery Point at 2882 gallons per minute and 200 degrees Fahrenheit or higher; or
3. if, at any time after the Initial Services Date but prior to the Substantial Completion Date for any reason other than a Force Majeure Event, chilled water is not provided to the Supplier's side of a Chilled Water Delivery Point at 4800 gallons per minute and 46 degrees Fahrenheit or lower.
Performance Failures. On Poynt Creative Ltd is not liable for any failure to perform its obligations under the contract due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, or unforeseen disruptions.
Performance Failures. 7.1 The Service Provider shall maintain minimum standards of performance (“the Service Levels”) as set out in Annexure B attached hereto.
7.2 Failure to attain a prescribed Service Level constitutes a Performance Failure and will entitle SARS to levy the corresponding financial penalty stipulated in Column 4 of Annexure B. The maximum percentage of the Service Provider’s total invoice, which may be at risk due to any Performance Failures in any particular month, shall not exceed twenty percent (20%) of the total amount invoiced to SARS in respect of such month.
7.3 Where a financial penalty becomes due to it as a result of a Performance Failure, SARS shall be entitled to deduct such financial penalties from the corresponding invoice rendered by the Service Provider, and shall be entitled to deduct and offset any applicable financial penalty against any subsequent payment due to the Service Provider.
7.4 The levying of a financial penalty shall not prejudice SARS’s rights to-
7.4.1 terminate the Agreement for breach by the Service Provider as provided for in Clause 14 below;
7.4.2 cancel with immediate effect the provision of the Services to the affected SARS Site;
7.4.3 reallocate with immediate effect the Services to the affected SARS Site to another service provider, appointed in terms of the RFP or such other service provider as may be appointed by SARS in its exclusive discretion. In such an event, the Service Provider shall be obliged, and for the Service Provider’s own account, to assist in the seamless transition of the Services to the incoming service provider; or
7.4.4 invoke any of its rights in terms of Applicable Law.
7.5 Where SARS invokes the rights reserved in Clauses 7.4.2 and 7.4.3, the Service Provider shall be obliged to reduce the monthly fees for the affected region accordingly in the month following the adjustment.
7.6 Cancellation or reallocation of Services in terms of this Clause shall be without any liability to SARS, except for payment for the Services already rendered by the Service Provider less applicable financial penalties.
Performance Failures. Subject to Paragraph 9 of Part A of Schedule 2.2 (Performance Levels), If in any Service Period: