Additional Performance Criteria. During the term of this Agreement, Northwest may propose other performance criteria for Pinnacle’s operations pursuant to this Agreement. The parties agree that they will meet upon the introduction of additional performance levels for Northwest’s operations, to develop similar performance targets for Pinnacle, taking into account the differences in operations between the two companies, and shall use their best commercially reasonable efforts to develop a system of performance levels and penalties for Pinnacle’s performance with respect thereto in a manner consistent with the performance standards agreed to herein.
Additional Performance Criteria. During the term of this Agreement, Northwest may introduce other performance criteria for Mesaba's operations pursuant to this Agreement. The parties agree that they will meet upon the introduction of such additional performance goals for Northwest's operations, to develop similar performance targets for Mesaba, taking into account the differences in operations between the two companies, and shall use their best commercially reasonable efforts to develop a system of incentives and penalties for Mesaba's performance with respect thereto in a manner consistent with the performance standards agreed to herein.
Additional Performance Criteria. During the Term, Delta may propose other performance criteria for Pinnacle’s and Mesaba’s operations pursuant to this Agreement. The Parties agree that they will meet upon the introduction of additional performance levels for Delta’s operations, to develop similar performance targets for Pinnacle and Mesaba, taking into account the differences in operations between the carriers and Delta, and shall use their best commercially reasonable efforts to develop a system of performance levels and penalties for Pinnacle’s and Mesaba’s performance with respect thereto in a manner consistent with the performance standards agreed to herein.
Additional Performance Criteria. During the term of this Agreement, Midwest may propose other performance criteria for SkyWest’s operations pursuant to this Agreement. The parties agree that they will meet upon the introduction of additional performance levels for Midwest’s operations to develop similar performance targets for SkyWest, taking into account the differences in operations between the two companies, and shall use their best commercially reasonable efforts to develop a system of performance levels and incentives/penalties for SkyWest’s performance with respect thereto in a manner consistent with the performance standards agreed to herein.
Additional Performance Criteria. 8.1 CCE agrees that the Bottlers will place and keep each Vendor and Cooler purchased and placed in accordance with the Program in place at customer locations, as well as any existing cold drink equipment currently on location, for a period of at least twelve (12) years from date of placement, unless such equipment is rendered inoperable and cannot be reasonably repaired as the result of mechanical or other similar difficulties. Only Vendors and Coolers of the type approved by TCCEC will be funded under the Program.
8.2 TCCEC's investment described in this Agreement is based on generating incremental sales that support the expenditures contemplated. Therefore, TCCEC wishes to ensure that Coolers and Vendors optimise the sale of products of The Coca-Cola Company and CCE agrees to take the acts described in this Agreement to do so.
8.3 On the execution of this Agreement CCE is not aware of any contractual obligations, other than those in effect in Great Britain, which would prevent the performance and fulfillment of the terms of this Agreement.
8.4 The Parties specifically agree and acknowledge, however that: (i) CCE and CCSB have existing contractual obligations in Great Britain that restrict its ability to use only the trademarks or products of The Coca-Cola Company with respect to the Vendors and Coolers; (ii) current or developing regulatory and/or legal needs may also result in similar restrictions; and (iii) all obligations stated in this Agreement are subject to these actual and potential restrictions. Accordingly, CCE shall make best efforts to optimise the placement of trademarks and products of The Coca-Cola Company and take the steps described below but only within the constraints described in this paragraph (provided TCCEC agrees that such constraints are required to comply with the law):
8.4.1 During the Program any vendors or coolers which are refurbished will be refurbished with the trademarks and approved graphics of The Coca-Cola Company;
8.4.2 CCE agrees that all of CCE's total inventory of vendors and coolers will be dressed only with the trademarks and approved graphics of The Coca-Cola Company; and
8.4.3 The obligations contained in clause 8.8.
8.5 It shall not be a breach of this Agreement if CCE and the Bottlers cannot meet the obligations otherwise set out herein if that failure is the result of actions taken by CCE and the Bottlers, with the agreement of TCCEC, which are deemed necessary to comply with the law or regulatory requireme...
Additional Performance Criteria. CCE agrees to place and keep each unit of cold drink equipment acquired by CCE in connection with the Program in place at customer locations as specified in the Annual Plan(s), as well as any existing cold drink equipment currently on location, for a period of at least twelve (12) years from date of placement, unless such equipment is rendered inoperable and cannot be reasonably repaired as the result of mechanical or other similar difficulties, and unless such equipment is temporarily located in refurbishment centers or warehouses pending renewed placement in the ordinary course of business. · During the Program Term, any cold drink equipment which is refurbished by CCE will be refurbished with the trademarks of TCCC, with the exception of presently existing contractually required refurbishments using other trademarks or mutually agreed upon special market conditions. · CCE agrees that a minimum of ***% of CCE's total inventory of Venders and Manual Equipment will be identified only by the trademarks of TCCC. · The parties acknowledge and agree that one of the primary objectives of this Agreement is to increase the total number of units of Venders and Manual Equipment on location in the CCE territories identified in Exhibit A hereto. Accordingly, CCE agrees to provide TCCC with annual reports certifying (1) the number of Venders and Manual units funded under this Agreement which were actually placed at customer locations in the CCE territories identified in Exhibit A hereto during the preceding year and (2) the total number of Venders and Manual units (including units in existing inventory and units not funded under this Agreement) actually on location at the conclusion of such year. · CCE agrees not to sell any used or refurbished Vender with any remaining useful life to any third party during the Term of this Agreement without TCCC's express written consent, except for sales of such Venders to other licensed bottlers of Coca-Cola in the United States. · CCE also agrees that it will establish, maintain and publish for its employees a "Flavor Set Standard" which contains the following minimum average requirements for all Venders and units of Manual Equipment owned by CCE, including the Program Equipment (unless such requirements are legally prohibited): (i) on average all slots except *** in Venders will dispense only products of TCCC and (ii) on average, *** percent (***) of the inventory in any units of Manual Equipment will be products of TCCC. The Fla...
Additional Performance Criteria. The Committee will determine whether to exercise its discretion to reduce the number of Share Units, if any, to be credited to your Account below the Maximum Award based upon the Committee’s discretionary assessment of the achievement of the additional financial and strategic performance criteria established by the Committee and set forth on the attached Exhibit A (the “Additional Performance Criteria”).
Additional Performance Criteria. The following actions shall be performed and conditions and criteria satisfied on or prior to 31 December 2003 by the Borrowers to the satisfaction of the Administrative Agents acting reasonably:
1. Consolidated Modderfontein 1979 shall have taken all reasonable efforts to obtain a continuous transport permit in respect of explosives used in its mining activities and to clarify the identity of the licensee with respect to permit number CTP 23983 and CTP 33979.
2. The Tranche B Borrower shall have taken all reasonable efforts to procure the amplification of the mining authorisation for Grootvlei by the DME so that it clearly indicates the underlying mining rights on which it is based.
3. An independent surveyor appointed by one or both of the Administrative Agents shall satisfy him/herself that:
(a) The broad mining area diagrams for each of the Tranche B Borrower's three operations as held by the Tranche B Borrower's survey department (the “mining area diagrams”) are a faithful representation of the individual mining right diagrams underlying the mining area diagrams.
(b) The Tranche B Borrower's current and future mining operations occur within the area described by the mining area diagrams.
(c) The sketch-plans attached to the Tranche B Borrower mining authorisations correlate with the mining area diagrams.
4. The Tranche B Borrower shall have taken all reasonable efforts to procure the endorsement by the Registrar of Mining Titles of the precious metal claims numbers 3072, 3073 and 3058 to the effect that the licensee, Hunter Mining Engineering (Proprietary) Limited, has changed its name to Nigel.
5. The Tranche B Borrower must satisfactorily explain why the remaining 281 claims held under diagram number RMT 35/81 are not included in Consolidated Modderfontein 1979's mining authorisation.
6. The Tranche B Borrower shall have taken all reasonable efforts to procure the amendment by the DME of the diagram associated with mining lease number 7/85 from "RMT 7/85" to "RMT M76/82".
7. The Tranche B Borrower shall have taken all reasonable efforts to procure the amendment by the DME of the hectarage for the precious metal claims held on Geduld 123 IR under diagram RMT M110/87 from 1582,8000 hectares to 1 403,2000 hectares. The Tranche B Borrower must satisfactorily explain whether the 311 claims held under RMT M2/95 are being mined, if so by which Tranche B Borrower subsidiary and whether the claims are included in the mining authorisation for that subsidiary....
Additional Performance Criteria. A. Collected screenings, slurries, sludges, and other solids shall be handled, recycled and/or disposed of in compliance with the Solid Waste Management Act (35 P.S. §§ 6018.101 – 6018.1003), 25 Pa. Code Chapters 287, 288, 289, 291, 295, 297, and 299 (relating to requirements for landfilling, impoundments, land application, composting, processing, and storage of residual waste), Chapters 261a, 262a, 263a, and 270a (related to identification of hazardous waste, requirements for generators and transporters, and hazardous waste, requirements for generators and transporters, and hazardous waste permit programs), federal regulation 40 CFR Part 257, The Clean Streams Law, and the Federal Clean Water Act and its amendments. Screenings collected at intake structures shall be collected and managed and not be returned to the receiving waters.
Additional Performance Criteria. During the term of this Agreement, Midwest may propose other performance criteria for RAI’s operations pursuant to this Agreement. The parties agree that they will meet upon the introduction of additional performance levels for Midwest’s operations to develop similar performance targets for RAI, taking into account the differences in operations between the two companies, and shall use their best commercially reasonable efforts to develop a system of performance levels and incentives/penalties for RAI’s performance with respect thereto in a manner consistent with the performance standards agreed to herein. * Confidential
