Failure of Performance definition

Failure of Performance shall have the meaning as set forth in Sections 13.2 and 13.3.
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Examples of Failure of Performance in a sentence

  • In no event shall interruption for system maintenance constitute a Failure of Performance by Supplier.

  • In the event of a Failure of Performance, Supplier shall use its reasonable efforts to correct such failure as soon as reasonably practicable after Supplier is notified of such failure.

  • Failure of Performance Once ASME makes the Subscribed Products available, the Subscriber and Authorized Users may attempt online access to the Subscribed Products at any time.

  • Termination for Failure of Performance..............................

  • Default DEFCON 92 – Failure of Performance (applicable to research, development, design or study.

  • In no event shall interruption for system maintenance constitute a Failure of Performance.

  • Interruption for system maintenance does not constitute a Failure of Performance.

  • In the event of a Material Failure of Performance Standards by FMER as defined in Section 8.02(b)(iv)of the Master Servicing Agreement, ▇▇▇▇ may terminate this Agreement upon thirty (30) days' written notice.

  • In the event (i) Supplier notifies Customer that Supplier cannot correct a Failure of Performance; or (ii) Supplier fails to deliver Services meeting industry standards of performance, which failure is not cured within five (5) days of written notice thereof by Customer to Supplier, Supplier and Customer, each in its sole discretion, shall have the right to cancel the affected service(s).

  • The liability of Supplier for damages for mistakes, omissions, interruptions, delays, errors or defects in transmission ("Failure of Performance") occurring in the furnishing of Services hereunder, or arising in any way out of this Agreement, shall be limited to not charging Customer for any Services which Supplier has failed to provide, or that were the subject of the Failure of Performance.

Related to Failure of Performance

  • Time of Performance means the specific time or times indicated in the Contract at which or within which delivery or other performance is to be completed.

  • Standard of performance means a standard for emission of air pollutants which reflects the degree of emission limitation achievable through the application of the best system of emission reduction which (taking into account the cost of achieving such reduction) the Director determines has been adequately demonstrated.

  • Schedule of Performance means that schedule of performance, attached hereto as Exhibit G and incorporated herein, setting forth the timelines for Milestones in the design, development, construction, and completion of the Project (including a construction timeline in customary form) together with the dates for submission of documentation required under this Agreement, which schedule shall be attached to the Development Plan and to the Declaration.

  • Period of Performance has the same meaning as in 44 Ill. Admin. Code 7000.30. “Prior Approval” has the same meaning as in 44 Ill. Admin. Code 7000.

  • Adequate Assurance of Performance has the meaning given to it in Section 10.3.