Common use of Performance Metrics Clause in Contracts

Performance Metrics. In the event Grantee fails to award a cumulative total of at least 3,479 net new Certificates by the Completion Deadline, then Grantee shall upon written demand by Triumph repay to Triumph an amount equal to (A) $2,143, multiplied by (B) the sum of (a) 3,479, minus (b) the actual number of Certificates issued as of the Completion Deadline. The foregoing is collectively referred to herein as the “Performance Metrics.” At any time and from time to time, upon written request by Triumph, Grantee shall within thirty (30) days of such request, deliver to Triumph such data, reports, payroll ledgers, state and federal payroll returns, financial statements and reporting, and other documents, instruments, and information, as well as its State of Florida employment reporting forms (collectively, “Back- up Data”) as Triumph requires in order to determine whether Grantee achieved of any or all of the above Performance Metrics. ▇▇▇▇▇▇▇’s refusal or failure to timely provide any requested Back- up Data shall be deemed ▇▇▇▇▇▇▇’s failure to timely achieve the above Performance Metrics. Notwithstanding the foregoing, so long as Grantee is making diligent efforts to obtain the Back- up Data from third parties, the thirty (30) day deadline described above shall be reasonably extended with respect to any Back-up Data needed to be obtained from third parties.

Performance Metrics. Grantee shall award a cumulative total of at least 420 Certified Students by the Completion Deadline (the “Performance Metrics”). In the event Grantee fails to award a cumulative total of at least 3,479 net new Certificates 420 Certified Students by the Completion Deadline, then Grantee shall upon written demand by Triumph repay to Triumph an amount equal to (A) $2,14329,460, multiplied by (B) the sum of (a) 3,479420, minus (b) the actual number of Certificates issued Certified Students as of the Completion Deadline. The foregoing is collectively referred to herein as the “Performance Metrics.” At any time and from time to time, upon written request by Triumph, Grantee shall within thirty (30) days of such request, deliver to Triumph such data, reports, payroll ledgers, state and federal payroll returns, financial statements and reporting, and other documents, instruments, and information, as well as its State of Florida employment reporting forms (collectively, “Back- up Data”) as Triumph requires in order to determine whether Grantee achieved of any or all of the above Performance Metrics. ▇▇▇▇▇▇▇’s refusal or failure to timely provide any requested Back- up Data shall be deemed ▇▇▇▇▇▇▇’s failure to timely achieve the above Performance Metrics. Notwithstanding the foregoing, so long as Grantee is making diligent efforts to obtain the Back- up Data from third parties, the thirty (30) day deadline described above shall be reasonably extended with respect to any Back-up Data needed to be obtained from third parties.

Performance Metrics. In the event Grantee fails to award a cumulative total of at least 3,479 net new 9,788 Certificates by the Completion Deadline, then Grantee shall upon written demand by Triumph repay to Triumph an amount equal to (A) $2,143919, multiplied by (B) the sum of (a) 3,4799,788, minus (b) the actual number of Certificates issued as of the Completion Deadline. The foregoing is collectively referred to herein as the “Performance Metrics.” At any time and from time to time, upon written request by Triumph, Grantee shall within thirty (30) days of such request, deliver to Triumph such data, reports, payroll ledgers, state and federal payroll returns, financial statements and reporting, and other documents, instruments, and information, as well as its State of Florida employment reporting forms (collectively, “Back- up Data”) as Triumph requires in order to determine whether Grantee achieved of any or all of the above Performance Metrics. ▇▇▇▇▇▇▇’s refusal or failure to timely provide any requested Back- up Data shall be deemed ▇▇▇▇▇▇▇’s failure to timely achieve the above Performance Metrics. Notwithstanding the foregoing, so long as Grantee is making diligent efforts to obtain the Back- up Data from third parties, the thirty (30) day deadline described above shall be reasonably extended with respect to any Back-up Data needed to be obtained from third parties.

Performance Metrics. In the event Grantee fails to award a cumulative total of at least 3,479 net new Certificates 4,000 Credentials by the Completion Deadline, then Grantee shall upon written demand by Triumph repay to Triumph an amount equal to (A) $2,1435,447, multiplied by (B) the sum of (a) 3,4794,000, minus (b) the actual number of Certificates Credentials issued as of the Completion Deadline. The foregoing is collectively referred to herein as the “Performance Metrics.” At any time and from time to time, upon written request by Triumph, Grantee shall within thirty (30) days of such request, deliver to Triumph such data, reports, payroll ledgers, state and federal payroll returns, financial statements and reporting, and other documents, instruments, and information, as well as its State of Florida employment reporting forms (collectively, “Back- up Data”) as Triumph requires in order to determine whether Grantee achieved of any or all of the above Performance Metrics. ▇▇▇▇▇▇▇’s refusal or failure to timely provide any requested Back- up Data shall be deemed ▇▇▇▇▇▇▇’s failure to timely achieve the above Performance Metrics. Notwithstanding the foregoing, so long as Grantee is making diligent efforts to obtain the Back- up Data from third parties, the thirty (30) day deadline described above shall be reasonably extended with respect to any Back-up Data needed to be obtained from third parties.

Performance Metrics. In the event Grantee fails to award a cumulative total of at least 3,479 net new 140 Certificates by the Completion Deadline, then Grantee shall upon written demand by Triumph repay to Triumph an amount equal to (A) $2,1431,056, multiplied by (B) the sum of (a) 3,479140, minus (b) the actual number of Certificates issued as of the Completion Deadline. The foregoing is collectively referred to herein as the “Performance Metrics.” At any time and from time to time, upon written request by Triumph, Grantee shall within thirty (30) days of such request, deliver to Triumph such data, reports, payroll ledgers, state and federal payroll returns, financial statements and reporting, and other documents, instruments, and information, as well as its State of Florida employment reporting forms (collectively, “Back- up Data”) as Triumph requires in order to determine whether Grantee achieved of any or all of the above Performance Metrics. ▇▇▇▇▇▇▇’s refusal or failure to timely provide any requested Back- up Data shall be deemed ▇▇▇▇▇▇▇’s failure to timely achieve the above Performance Metrics. Notwithstanding the foregoing, so long as Grantee is making diligent efforts to obtain the Back- up Data from third parties, the thirty (30) day deadline described above shall be reasonably extended with respect to any Back-up Data needed to be obtained from third parties.

Performance Metrics. Grantee shall award a cumulative total of at least 225 Net New Certificates by the Completion Deadline (the “Performance Metrics”). In the event Grantee fails to award a cumulative total of at least 3,479 net new 225 Net New Certificates by the Completion Deadline, then Grantee shall upon written demand by Triumph repay to Triumph an amount equal to (A) $2,1432,743, multiplied by (B) the sum of (a) 3,479225, minus (b) the actual number of Net New Certificates issued awarded as of the Completion Deadline. The foregoing is collectively referred to herein as the “Performance Metrics.” At any time and from time to time, upon written request by Triumph, Grantee shall within thirty (30) days of such request, deliver to Triumph such data, reports, payroll ledgers, state and federal payroll returns, financial statements and reporting, and other documents, instruments, and information, as well as its State of Florida employment reporting forms (collectively, “Back- up Data”) as Triumph requires in order to determine whether Grantee achieved of any or all of the above Performance Metrics. ▇▇▇▇▇▇▇’s refusal or failure to timely provide any requested Back- up Data shall be deemed ▇▇▇▇▇▇▇’s failure to timely achieve the above Performance Metrics. Notwithstanding the foregoing, so long as Grantee is making diligent efforts to obtain the Back- up Data from third parties, the thirty (30) day deadline described above shall be reasonably extended with respect to any Back-up Data needed to be obtained from third parties.

Performance Metrics. Grantee shall award a cumulative total of at least 1,125 Certificates by the Completion Deadline (the “Performance Metrics”). In the event Grantee fails to award a cumulative total of at least 3,479 net new 1,125 Certificates by the Completion Deadline, then Grantee shall upon written demand by Triumph repay to Triumph an amount equal to (A) $2,1435,943, multiplied by (B) the sum of (a) 3,4791,125, minus (b) the actual number of Certificates issued as of the Completion Deadline. The foregoing is collectively referred to herein as the “Performance Metrics.” At any time and from time to time, upon written request by Triumph, Grantee shall within thirty (30) days of such request, deliver to Triumph such data, reports, payroll ledgers, state and federal payroll returns, financial statements and reporting, and other documents, instruments, and information, as well as its State of Florida employment reporting forms (collectively, “Back- up Data”) as Triumph requires in order to determine whether Grantee achieved of any or all of the above Performance Metrics. ▇▇▇▇▇▇▇’s refusal or failure to timely provide any requested Back- up Data shall be deemed ▇▇▇▇▇▇▇’s failure to timely achieve the above Performance Metrics. Notwithstanding the foregoing, so long as Grantee is making diligent efforts to obtain the Back- up Data from third parties, the thirty (30) day deadline described above shall be reasonably extended with respect to any Back-up Data needed to be obtained from third parties.

Performance Metrics. In the event Grantee fails to award a cumulative total of at least 3,479 net new 2,904 Certificates by the Completion Deadline, then Grantee shall upon written demand by Triumph repay to Triumph an amount equal to (A) $2,1432,703, multiplied by (B) the sum of (a) 3,4792,904, minus (b) the actual number of Certificates issued as of the Completion Deadline. The foregoing is collectively referred to herein as the “Performance Metrics.” At any time and from time to time, upon written request by Triumph, Grantee shall within thirty (30) days of such request, deliver to Triumph such data, reports, payroll ledgers, state and federal payroll returns, financial statements and reporting, and other documents, instruments, and information, as well as its State of Florida employment reporting forms (collectively, “Back- up Data”) as Triumph requires in order to determine whether Grantee achieved of any or all of the above Performance Metrics. ▇▇▇▇▇▇▇’s refusal or failure to timely provide any requested Back- up Data shall be deemed ▇▇▇▇▇▇▇’s failure to timely achieve the above Performance Metrics. Notwithstanding the foregoing, so long as Grantee is making diligent efforts to obtain the Back- up Data from third parties, the thirty (30) day deadline described above shall be reasonably extended with respect to any Back-up Data needed to be obtained from third parties.