Defective Performance definition

Defective Performance has the meaning given to it in Clause 11.1 (Defective Performance);

AI-Powered Contracts

Draft, Review & Redline at the Speed of AI

Defective Performance means Performance exhibiting obvious or hidden defects or not meeting the parameters according to technical or quality standards or not meeting the specific requirements for Performance specified in the Contract or Order.

Defective Performance means a breach of an Agreement or the GPTC by a Supplier, in particular an improper step taken or omission in the course of the performance of an Agreement, failure to provide Performance in a due and/or timely fashion, the use of inappropriate equipment, a result of work that does not correspond to the Agreement, etc.

Examples of Defective Performance in a sentence

The Authority shall be entitled to claim against the Parent Body Organisation in respect of such defective performance in accordance with clause 7.2.2 (Defective Performance) of the Parent Body Agreement.
A written notice calling upon a Party to remedy a breach is hereinafter referred to as a "Notice of Defective Performance".
If a Major Service Failure has occurred pursuant to Schedule 5 (Service Standards) the Landlord may issue a Notice (a "Notice of Defective Performance") specifying a reasonable time limit within which ESCo must commence and complete rectification action to rectify the position (the "ESCo Cure Period").
This obligation shall continue after the termination or expiry of this Agreement for a period of [Redacted] years or [Redacted] years (where the liability relates to Defective Performance) or for an unlimited period (where the liability arises as a result of fraud or wilful default on the part of the SLC or the Parent Body Organisation).
The Authority will not make a claim against the PBO under Clause 7.2.1(B), 7.2.1(C) or 7.2.1(E) (General Indemnity) or 7.2.2 (Defective Performance), if, acting reasonably, it is satisfied that the liabilities, losses, costs and expenses otherwise the subject of the claim or the Defective Performance have arisen from the PBO's introduction of innovation which it was reasonable to believe would improve the SLC's performance and not as a result of poor performance.

Defective Performance has the meaning given to it in Clause 11 (Defective Performance and Remediation);

Defective Performance or “Inadequate Performance” means where the performance levels of the Services do not meet the Benchmarks, Targets and Metrics.

Basket Performance means a decimal number calculated by applying the following formula:
Final Performance means the Final Valuation Price divided by the Initial Price(Settlement) each in respect of the Worst Performing Underlying Asset as calculated in respect of the Final Valuation Date. "Final Valuation Date" means 29 November 2027, subject to adjustment.
Unsatisfactory Performance means any of the following:
human performance means human capabilities and limitations which have an impact on the safety and efficiency of aeronautical operations;
Index Performance means, in relation to an Index and an Auto-Call Valuation Date or the Valuation Date, as the case may be, a percentage calculated by the Calculation Agent in respect of such date in accordance with the following formula: