ADJUSTMENTS DUE TO PARTIAL PERFORMANCE Sample Clauses

ADJUSTMENTS DUE TO PARTIAL PERFORMANCE. The per diem payment set forth in 7.1 assumes the services required under the Contract are fully performed. If the services are not fully preformed, the Bureau shall be entitled to an adjustment to compensation, as set forth below, to be credited against the CONTRACTOR’s monthly invoice. The credits are reasonable approximation of the contract price allocation to those services. The credits will not be construed as a penalty on the Service Provider. For services to be performed on a constant or daily basis, the credits shall be due for each day the service was not fully performed. For services to be performed on a less regular basis (e.g. a monthly report), the credits shall be due for each time the service was not fully performed. These credits shall be due for each time the service was not fully performed. These credits shall be in addition to, and shall not constitute a waiver of, the Bureau’s right to pursue any remedies or other damages under Section 10 of this Contract. Prior to exercising its rights under this section, the Bureau shall communicate in writing to the CONTRACTOR the reasons why the credit is due and give CONTRACTOR at least twenty (20) days to correct the non-performance and submit a corrective action plan for avoiding future non-performances. This opportunity to avoid the credit adjustment by correcting the non-performance and submitting a corrective action plan shall not apply to in the event of successive or repeated non- performances of the same nature. The credits depend on the “Service Area” in which the non-performance occurred, as follows:
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ADJUSTMENTS DUE TO PARTIAL PERFORMANCE subsection 8.5.1.5 is hereby added with the following: For this renewal term, successive or repeated nonperformance issues/notices prior to February 1, 2019 will not be referenced.
Sample 1
ADJUSTMENTS DUE TO PARTIAL PERFORMANCE. The Per Diem payment set forth in Section 8.1 assumes the services required under this Contract are fully performed. If the services are not fully performed, the Department will be entitled to an adjustment to compensation, as set forth below, to be credited against CONTRACTOR’S monthly invoice. The credits are a reasonable approximation of the contract price allocable to those services. The credits are not intended to be a penalty on the Service Provider and the Department may waive the credits in a particular case if the Department determines in its discretion that the credits are not warranted. For services to be performed on a constant or daily basis, the credits will be due for each day the service was not fully performed. For services to be performed on a less regular basis (e.g., a monthly report), the credits will be due for each time the service was not fully performed. These credits shall be in addition to, and shall not constitute a waiver of, the Department’s right to pursue any remedies or other damages under Section 11 of this Contract. Prior to exercising its rights under this section, the Department will communicate in writing to CONTRACTOR the reasons why the credit is due and give CONTRACTOR at least twenty (20) days to correct the non-performance and submit an action plan for avoiding future non-performances. This opportunity to avoid the credit adjustment by correcting the non- performance and submitting an action plan shall not apply in the event of successive or repeated non-performances of the same nature. The credits depend on the “Service Area” in which the non-performance occurred, as follows: 8.5.1. Service Area One - $5,000 per Non-Performance Event. This Service Area consists of all services related to: Security and Control, ACA Accreditation, Health Services, Use of Force, Escapes, Contract Monitoring. 8.5.2. Service Area Two -- $2,500 per Non-Performance. This Service Area consists of all services related to: Sanitation and Hygiene, Food Service, Mail, Religion, Access to Court, Inmate Discipline, Grievance, Visitation, Records and Reports, Employee Qualifications and Training. 8.5.3. Service Area Three -- $2,500 per Non-Performance. This Service Area consists of all services related to: Operating Standards, Transportation, Maintenance, Repairs and Replacements, Inmate Work, Academic & Vocational Training, Sentence Computation Data, Classification and Case Management, Commissary, Policies/Procedures/Post Orders, Inmate Manage...
Sample 1

Related to ADJUSTMENTS DUE TO PARTIAL PERFORMANCE

  • Substantial Performance This Contract shall be deemed to be substantially performed only when fully performed according to its terms and conditions and any written amendments or supplements.

  • Past Performance The Government will evaluate the contractor's performance on the NETCENTS-2 Orders provided in Exhibit B, CDRL B001. The PCO will determine the quality of the work performed based on an integrated assessment of data obtained in the Contractor Performance Assessment Reporting Systems (CPARS) and information obtained from Defense Contract Management Agency (DCMA) channels, interviews with customers, program managers and/or contracting officers for NETCENTS-2 task orders. Based on the contractor performance records above, the PCO will determine if there is an expectation that the contractor will successfully perform the required efforts under the unrestricted NetOps and Infrastructure Solutions contract.

  • Annual Performance Evaluation On either a fiscal year or calendar year basis, (consistently applied from year to year), the Bank shall conduct an annual evaluation of Executive’s performance. The annual performance evaluation proceedings shall be included in the minutes of the Board meeting that next follows such annual performance review.

  • Work Performance Xxxxxx agrees that all Services performed hereunder shall be performed on a best effort basis by employees, students, faculty, graduate assistants and staff having an appropriate experience and skill level and in compliance with the statement of work.

  • Non-Performance The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined.

  • Prompt Performance All actions required to be taken (including payments) by any party under this Agreement shall be performed within the time prescribed for performance in this Agreement, or if no period is prescribed, such actions shall be performed promptly.

  • EVALUATING PERFORMANCE 7.1 The Performance Plan (Annexure A) to this Agreement sets out: 7.1.1 the standards and procedures for evaluating the Employee’s perfor- xxxxx; and 7.1.2 the intervals for the evaluation of the Employee’s performance. 7.2 Despite the establishment of agreed intervals for evaluation, the Employer may in addition review the Employee’s performance at any stage while the contract of employment remains in force. 7.3 Personal growth and development needs identified during any performance review discussion must be documented in a Personal Development Plan as well as the actions agreed to and implementation must take place within set time frames. 7.4 The Employee’s performance will measured in terms of contributions to the goals and strategies set out in the Employer’s IDP. 7.5 The annual performance appraisal will involve: 7.5.1. Assessment of the achievement of results as outlined in the perfor- xxxxx plan: (a) Each KPA should be assessed according to the extent to which the specified standards or performance indicators have been met and with due regard to ad hoc tasks that had to be performed under the KPA. (b) An indicative rating on the five-point scale should be provided for each KPA. (c) The applicable assessment rating calculator (refer to paragraph 7.5.3. below) must then be used to add the scores and calculate a final KPA score.

  • Ongoing Performance Measures The Department intends to use performance-reporting tools in order to measure the performance of Contractor(s). These tools will include the Contractor Performance Survey (Exhibit H), to be completed by Customers on a quarterly basis. Such measures will allow the Department to better track Vendor performance through the term of the Contract(s) and ensure that Contractor(s) consistently provide quality services to the State and its Customers. The Department reserves the right to modify the Contractor Performance Survey document and introduce additional performance-reporting tools as they are developed, including online tools (e.g. tools within MFMP or on the Department's website).

  • Full Performance The Owner and the Contractor hereby agree to the full performance of the Contract Documents.

  • Consideration for Performance The consideration to be paid to the Contractor under this Agreement will be compensation for all the Contractor’s expenses incurred in the performance of this Agreement, unless otherwise expressly provided.

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