Service Performance Standards; Liquidated Damages for Failure to Meet Sample Clauses

Service Performance Standards; Liquidated Damages for Failure to Meet. Standards
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Service Performance Standards; Liquidated Damages for Failure to Meet. 2029 Standards 2030 Contractor shall pay (as liquidated damages and not as a penalty) the amounts set forth in Exhibit 8.19.
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Service Performance Standards; Liquidated Damages for Failure to Meet. 2028 Standards 2029 Contractor shall pay (as liquidated damages and not as a penalty) the amounts set forth in Exhibit 8.19. 2030 The Authority Contract Manager may determine the occurrence of events giving rise to liquidated 2031 damages through the investigation or observation or investigation of complaints by Customers or any 2032 other party. These performance standards shall consider both effort (e.g., number of meetings with 2033 Customers to offer new programs) and results (e.g., Tons of material Recycled). In addition, these 2034 liquidated damages shall be in addition to any other remedy the Authority and/or Franchise Agencies 2035 may have, which may include, but are not necessarily limited to: a determination of breach of contract, 2036 termination of the agreement, or litigation. 2037 Prior to assessing liquidated damages, Authority Contract Manager shall give Contractor Notice of its 2038 intention to do so. The Notice shall include a brief description of the incident(s) and non-performance. 2039 For events where there is a cure opportunity noted in Exhibit 8.19, Contractor shall have the 2040 opportunity to cure such incident(s) and/or non-performance, consistent with the schedules defined 2041 therein, and, if Contractor does so, no liquidated damages shall be assessed. The Authority Contract 2042 Manager may review (and make copies at its own expense) all information in the possession of 2043 Contractor relating to incident(s) and non-performance. The Contractor may, within ten (10) Calendar 2044 Days after receiving the Notice, request a meeting with Authority Contract Manager. Upon Contractor’s 2045 request, the Authority Contract Manager shall present evidence of non-performance. Such evidence 2046 shall be provided in writing and through testimony of its employees and others relevant to the 2047 incident(s) and non-performance. Authority Contract Manager shall provide Contractor with a written 2048 explanation of his or her determination on each incident(s) and non-performance prior to authorizing 2049 the assessment of liquidated damages. Subject to the limits of “material impact” described in Section 2050 8.10, with respect to the cumulative amount of any liquidated damages assessed during the preceding 2051 twelve month period the decision of Authority Contract Manager shall be final and Contractor shall not 2052 be subject to, or required to exhaust, any further administrative remedies.
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Related to Service Performance Standards; Liquidated Damages for Failure to Meet

  • Service Levels All service level requirements will be set forth in Exhibit A (“▇▇▇▇.▇▇▇ Referral Service Level Requirements”). Recipient ▇▇▇▇▇▇ agrees to adhere, and encourage Recipient Agent’s adherence, with the version of the ▇▇▇▇.▇▇▇ Referral Service Level Requirements in effect at the time ▇▇▇▇.▇▇▇ identifies the Referral to Recipient Broker/Agent.

  • Performance Standard Contractor shall perform all work hereunder in a manner consistent with the level of competency and standard of care normally observed by a person practicing in Contractor's profession. County has relied upon the professional ability and training of Contractor as a material inducement to enter into this Agreement. Contractor hereby agrees to provide all services under this Agreement in accordance with generally accepted professional practices and standards of care, as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of Contractor’s work by County shall not operate as a waiver or release. If County determines that any of Contractor's work is not in accordance with such level of competency and standard of care, County, in its sole discretion, shall have the right to do any or all of the following: (a) require Contractor to meet with County to review the quality of the work and resolve matters of concern; (b) require Contractor to repeat the work at no additional charge until it is satisfactory; (c) terminate this Agreement pursuant to the provisions of Article 4; or (d) pursue any and all other remedies at law or in equity.

  • Performance Standards The Contractor agrees to perform all tasks and provide deliverables as set forth in the Contract. The Department and the Customer will be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof.