Performance Risk Clause Samples
The Performance Risk clause defines which party is responsible for risks associated with the completion and quality of contractual obligations. It typically outlines the standards or benchmarks that must be met, and may specify remedies or consequences if performance falls short, such as penalties, corrective actions, or termination rights. By clearly allocating responsibility for performance-related risks, this clause helps ensure accountability and reduces disputes over unmet expectations.
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Performance Risk. Performance risk is broken down into two categories, technical and management/cost control.
Performance Risk. (1) Changes to Total Available Fee will accurately reflect the corresponding changes to the Contract with respect to performance risk as determined by DEAR 915.404-4-70, DOE structured profit and fee system and implemented by the profit-analysis factors defined in FAR 15.404-4, Profit. Accordingly, changes to the Contract resulting in an increase or decrease to the Contractor’s performance risk as defined in FAR 15.404-4(d)(1), shall cause a proportionate increase or decrease to the Total Available Fee.
(2) If performance risk changes, the Contracting Officer may initiate a change or consider a request for equitable adjustment to the Contract Price and/or Schedule in accordance with the Section I Clause entitled, FAR 52.243-2, Changes – Cost Reimbursement, Alternates II, III, and IV.
Performance Risk. The performance of an act that is beyond the general or declared experience of the performer or which would be considered unwise or dangerous.
Performance Risk. YOUR RETURNS ARE CALCULATED BY REFERENCE TO PERFORMANCE OF THE RELATED REFERENCE LOAN, WHICH MAY REDUCE THE AMOUNT DUE (INCLUDING TO ZERO). PAYMENTS TO YOU ARE MADE BY LOF FROM ITS GENERAL FUNDS, AND YOU ALSO BEAR LOF ISSUER CREDIT RISK. NO MAKE-WHOLE OR YIELD-MAINTENANCE APPLIES.
Performance Risk. For the evaluation of performance risk, the Government will obtain information from the Past Performance Information Retrieval System-Statistical Report (PPIRS-SR), and/or the awardees past performance on the contract(s) resulting from the award of W52H09-08-R-0274. The Government reserves the right to order from one contractor if doing so would be in the best interest of the Government. The Government does not intend to discuss performance risk information with Offerors as information collected in PPIRS-SR affords opportunities to Offerors to review their performance information. Where an Offeror without a record of relevant past performance or for whom information on past performance is not available, other data may be used. To include personal knowledge of the Contracting Officer, as to how either offeror has previously performed, under the minimum quantity award or any other future delivery order awards.
Performance Risk. Failure to achieve the non-elective admissions reduction will mean that the performance element of the fund is not payable to the LA. • Achievement will be on a proportionate basis:- o 100% achievement payable 100% performance fund o 75-99% achievement payable 75% performance fund o 50-74% achievement payable 50% performance fund o 25-49% achievement payable 25% performance fund o < 25% achievement No performance fund payable • The performance fund remaining for non/reduced performance will be used by CCGs to fund associated over performance associated with failure to deliver the non-elective activity reductions in the acute sector.
Performance Risk. THE AMOUNT YOU RECEIVE IS WHOLLY DEPENDENT ON THE PAYMENT PERFORMANCE OF THE BORROWER UNDER THE CORRESPONDING BORROWER LOAN. b. NO GUARANTEES : LIVE OAK FINANCIAL DOES NOT GUARANTEE BORROWER LOANS OR NOTES AND DOES NOT ACT AS A GUARANTOR OF ANY BORROWER PAYMENTS.
Performance Risk. The value and income of investments and securities is dependent on market performance and may therefore fall as well as rise. Investors may not get back the full amount of capital invested and should be aware that past performance is not a guide to future performance.