Actual Performance. The Parties acknowledge and agree that if any of the provisions provided herein are not performed in accordance with the specific terms and conditions or are otherwise violated, this will cause irreparable harm for which monetary compensation would not be an adequate remedy. Therefore, the Parties agree that, in addition to any other remedies available in common law or equity, each Party shall be entitled to seek injunction and other equitable remedies, including the actual performance of the terms and conditions provided herein, and it is not necessary to post any bond or other security.
Actual Performance. The Committee reviews and approves the actual Home Properties TSR, the Relative NAREIT All Equity REIT Index TSR and the Relative NAREIT Apartment Index TSR for the Performance Period.
Actual Performance a. LOCATION x. XXXX CODE c. COGNIZANT SECURITY OFFICE(Name, Address, And Zip)
Actual Performance. The Committee shall review and approve the actual Earnings Per Share for the EPS Measurement Period and the Relative TSR for the TSR Measurement Period.
Actual Performance. Under pre-condition that not to damage other parties’ interest, if any parties do not fulfil any obligations in this agreement, the other three parties have the right to demand the default party to actually fulfil the obligations which have not been fulfilled besides the other three parties execute the other rights or relief. At this situation, the default party cannot refuse to actually fulfil any obligations which have not been fulfilled in this agreement based on the reason that the default party has burdened the responsibility of compensation for the damage.
Actual Performance. The Board of Directors shall have discretion in awarding bonuses where EBITDA for the Company is above 115% of budget.
Actual Performance. The Committee reviews and approves the actual Earnings Per Share, Net Charge-off Ratio and Efficiency Ratio for the Performance Period.
Actual Performance. Actual Performance is the percentage of the year-to-date actual achievement of the Bonus Metrics measured against the AOP targets. Actual Performance shall be evaluated and reported by the Company’s finance department at the end of each quarter and shall be calculated on a cumulative or year-to-date basis for the second, third and fourth quarters of the year.
Actual Performance. Contractor performance is restricted to Afghanistan.
Actual Performance. The Parties shall be aware that any relief stipulated by laws may not be sufficient in the event of any breach or possible breach of this Agreement, and that they may demand for actual performance and other reliefs available under applicable laws and regulations in addition to the relief specified in Article 12.1 to the extent that no guarantee is provided.
