Performance Infractions Sample Clauses

Performance Infractions. (a) In each instance that TNSI experiences (1) a material breach of a performance obligation set forth in Section 2.2.1 in the case of an accepted Work Order, or (2) a material breach of a performance obligation set forth in Section 2.2.1 in the case of a Conditional Acceptance if that breach was not related to an identified risk that caused TNSI's order to be an Unreasonable Order (in either of the foregoing cases, a "Performance Infraction"), TNSI may notify GFOL of such event (an "Infraction Notice"), in which case GFOL will explain to TNSI the causes of the Performance Infraction, the measures (if any) that GFOL intends to take to prevent subsequent Performance Infractions of similar kind, and the likelihood of GFOL's preventing subsequent Performance Infractions of similar kind (the "Infraction Response"). Infraction Notices, if given, shall be in writing and shall be delivered to GFOL promptly after TNSI experiences a Performance Infraction. (b) As to any Performance Infraction involving a particular Work Order that GFOL did not deliver timely or correctly to TNSI (a "Defective Project"), at TNSI's option either: (1) TNSI will cancel that Work Order, in which case the purchase price for that Work Order (A) during the first [****] of the Term will be credited against the next [****] Minimum Guaranteed Revenue payments (as defined in Sections 7 and 8 below) and (B) in subsequent years of the Term will be promptly refunded to TNSI; or (2) GFOL will timely and correctly perform or re-perform that Work Order. Notwithstanding anything else contained in Section 17 or elsewhere in this Agreement, GFOL shall not be liable to TNSI for any damages in connection with negligent performance that results in the untimely or incorrect performance of a Work Order; provided that the foregoing exception will not apply to GFOL's performance before or after the date hereof of any portion of any Assumed Contract (as defined in the Asset Agreement), as to which no such limitation of liability toward the pertinent client existed in favor of GFOL prior to that Assumed Contract's assumption by TNS Operations under the Asset Agreement and continues not to exist at the time of such performance by GFOL; and provided further that TNSI will use commercially reasonable efforts to contractually limit its liability toward such client under such Assumed Contracts (including under any replacements or renewals thereof), the reasonableness of such efforts to reflect the entirety of factor...
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Related to Performance Infractions

  • Performance Incentives As a bonus, to supplement Associate Head Coach’s compensation, as set out herein, the University agrees to pay the following sums upon attainment of each specified goal, provided the Program is in compliance with all Governing Athletics Rules and University Rules, and there are no pending or active NCAA or __________ Conference investigations or major violations of which Associate Head Coach knew or should have known. Associate Head Coach must also complete the _________ [insert sport] season as Associate Head [Men’s/Women’s] [delete if sport is football] __________ Coach to receive any performance incentives for that season. Payment will be made to Associate Head Coach within 60 days after goal is accomplished. (a) $_________ in any contract year in which the team wins the __________ Conference championship. (b) $_________ in any contract year in which the team participates in post-season NCAA competition. (c) $_________ for each game that the team wins in NCAA post-season competition. (d) $_________ in any contract year in which the team wins the NCAA championship.]

  • Performance Incentive 4.10.1 If the Seller delivers Coal to the Purchaser in excess of ninety percent (90%) of the ACQ in a particular Year, the Purchaser shall pay the Seller an incentive (“Performance Incentive”/ “PI”), to be determined as follows: PI = P x Additional Deliveries x Multiplier Where: PI = The Performance Incentive payable by the Purchaser to the Seller P = The Base Price of Highest Grade, as shown in Schedule II Additional Deliveries = Quantity [in tonnes] of Coal delivered by the Seller in the relevant Year in excess of 90% of the ACQ. Multiplier shall be 0.15 for Additional Deliveries between 90%-95% of ACQ and 0.30 for Additional Deliveries in excess of 95% of ACQ. 4.10.2 With respect to part of a Year in which the term of this Agreement begins or ends, the relevant quantities in Clause 4.10.1, except the Multiplier, shall apply pro-rata. 4.10.3 Within thirty (30) days of expiry of a Year, the Seller shall submit an invoice to the Purchaser with respect to the PI payable in terms of Clause 4.10.1 and the Purchaser shall pay the amount so due within thirty (30) days of the receipt of the invoice. In the event of non-payment of PI by the due date, the Seller shall have the right to suspend Coal supplies without absolving the Purchaser of its obligations under this Agreement.

  • Performance Expectations The Charter School’s performance in relation to the indicators, measures, metrics and targets set forth in the CPF shall provide the basis upon which the SCSC will decide whether to renew the Charter School’s Charter Contract at the end of the charter term. This section shall not preclude the SCSC from considering other relevant factors in making renewal decisions.

  • Historical Performance Information To the extent agreed upon by the parties, the Sub-Advisor will provide the Trust with historical performance information on similarly managed investment companies or for other accounts to be included in the Prospectus or for any other uses permitted by applicable law.

  • Performance Indicators The HSP’s delivery of the Services will be measured by the following Indicators, Targets and where applicable Performance Standards. In the following table: INDICATOR CATEGORY INDICATOR P=Performance Indicator E=Explanatory Indicator M=Monitoring Indicator 2022/23 Organizational Health and Financial Indicators Debt Service Coverage Ratio (P) 1 ≥1 Total Margin (P) 0 ≥0 Coordination and Access Indicators Percent Resident Days – Long Stay (E) n/a n/a Wait Time from Home and Community Care Support Services (HCCSS) Determination of Eligibility to LTC Home Response (M) n/a n/a Long-Term Care Home Refusal Rate (E) n/a n/a Quality and Resident Safety Indicators Percentage of Residents Who Fell in the Last 30 days (M) n/a n/a Percentage of Residents Whose Pressure Ulcer Worsened (M) n/a n/a Percentage of Residents on Antipsychotics Without a Diagnosis of Psychosis (M) n/a n/a Percentage of Residents in Daily Physical Restraints (M) n/a n/a