Remedies for Unsatisfactory Execution Performance Sample Clauses

Remedies for Unsatisfactory Execution Performance. 1. If the Company’s execution performance has not met the Execution Performance Standard for NMS Stocks during a Performance Period or E*TRADE reasonably believes that performance has been unsatisfactory for Options, then E*TRADE Securities shall send to the Company a Failure Notice. After communication of a Failure Notice, E*TRADE and the Company shall in good faith discuss the concerns of E*TRADE Securities in an effort to address and resolve those concerns. Any concerns set forth in a Failure Notice with respect to NMS Stocks shall be assessed by E*TRADE and the Company independent of the Company’s execution performance with respect to Options. Similarly, any concerns set forth in a Failure Notice with respect to Options shall be assessed by E*TRADE and the Company independent of the Company’s execution performance with respect to NMS Stocks. For avoidance of doubt, execution quality performance will be judged over time periods and in security groupings determined in good faith by the Parties based on industry standards and execution quality data provided by the Company to its other clients. 2. If the Company agrees that its execution performance in one or more areas has been unsatisfactory, it shall make bona fide commercially reasonable efforts to improve its execution performance. 3. If E*TRADE Securities and the Company mutually determine, that the Company’s execution performance and/or the efforts undertaken by the Company to improve execution performance are satisfactory, then E*TRADE Securities shall immediately withdraw its Failure Notice by sending a written withdrawal notice to the Company. 4. If a Failure Notice is outstanding for an uninterrupted period of two (2) months, then E*TRADE Securities shall be entitled to route away a number of Covered Orders representing up to twenty-five percent (25%) of the Minimum Covered Orders in Options and up to twelve and one half percent (12.5%) of the Minimum Covered Orders in NMS Stocks, as the case may be, until E*TRADE Securities withdraws the Failure Notice; provided, that any Orders that E*TRADE Securities routes away shall consist of a representative cross-section of all Covered Orders. 5. If a Failure Notice is outstanding for an uninterrupted period of three (3) months, then E*TRADE Securities shall be entitled to route away a number of Covered Orders representing up to fifty percent (50%) of the Minimum Covered Orders in Options and up to twenty five percent (25%) of the Minimum Covered Orders ...
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Related to Remedies for Unsatisfactory Execution Performance

  • Remedies for Non-Compliance The Recipient agrees that if FTA determines that the Recipient or a Third Party Participant receiving federal assistance under 49 U.S.C. chapter 53 is not in compliance with 49 CFR Part 655, the Federal Transit Administrator may bar that Recipient or Third Party Participant from receiving all or a portion of the federal transit assistance for public transportation it would otherwise receive.

  • Other Remedies; Specific Performance Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.

  • Remedies for Noncompliance Failure to comply with any part of this Section is a material breach of this Agreement. Engineer could immediately, and without notice, have all compensation withheld or suspended, be suspended from providing further Services, or be terminated from this Agreement for any lapse in coverage or material change in coverage which causes Engineer to be in noncompliance with the requirements of this Section.

  • Representations and Warranties; Performance All representations and warranties of Buyer contained in this Agreement shall have been true and correct, in all material respects, when made and shall be true and correct, in all material respects, at and as of the Closing, with the same effect as though such representations and warranties were made at and as of the Closing. Buyer shall have performed and complied with all covenants and agreements and satisfied all conditions, in all material respects, required by this Agreement to be performed or complied with or satisfied by Buyer at or prior to the Closing.

  • Remedies; Specific Performance The Company stipulates that there would be no adequate remedy at law to the Holder of this Warrant in the event of any default or threatened default by the Company in the performance of or compliance with any of the terms of this Warrant and accordingly, the Company agrees that, in addition to any other remedy to which the Holder may be entitled at law or in equity, the Holder shall be entitled to seek to compel specific performance of the obligations of the Company under this Warrant, without the posting of any bond, in accordance with the terms and conditions of this Warrant in any court of the United States or any State thereof having jurisdiction, and if any action should be brought in equity to enforce any of the provisions of this Warrant, the Company shall not raise the defense that there is an adequate remedy at law. Except as otherwise provided by law, a delay or omission by the Holder hereto in exercising any right or remedy accruing upon any such breach shall not impair the right or remedy or constitute a waiver of or acquiescence in any such breach. No remedy shall be exclusive of any other remedy. All available remedies shall be cumulative.