Certain Performance-Related Issues Sample Clauses

Certain Performance-Related Issues. (a) Notwithstanding anything to the contrary contained in this Agreement or in any exhibit to this Agreement, the Parties acknowledge and agree that Owner has the right to withhold and/or retain the Performance Holdbacks from certain Milestone Payments due under this Agreement until such time as the conditions described in this Section 2.5 are satisfied. In the event that the total amount needed for any Performance Holdback from any designated Milestone Payment exceeds the applicable Available Milestone Amount, then the portion of any such Performance Holdback not funded from such Milestone Payment shall be "held back" from the next succeeding Milestone Payment. For purposes of this Agreement, any amounts so withheld from a Milestone Payment shall be deemed to not have been due on such date, and such amounts shall only be due when and if Owner is required to pay such amounts pursuant to the terms of this Section 2.5. Owner and Suzlon further agree that any such "holdback" shall not count against the Liability Cap. (b) Suzlon shall provide to Owner either the results of (i) a Successful V3 Test as to a wind turbine located in Australia on or prior to ***, or (ii) a Successful V3 Test as to a wind turbine located in the United States on or prior to ***, and if Suzlon does not provide at least one such Successful V3 Test by the corresponding deadline, Owner shall be entitled to "holdback" from the Third 2009 Milestone Payment an amount equal to *** percent (*** %) of the Contract Price (the "V3 Holdback"). For the purposes of this Agreement, a "Successful V3 Test" shall mean a power curve test of a wind turbine using the "V3" blade and achieving a *** percent (***%) or better power curve. Owner shall pay the V3 Holdback to Suzlon (and shall not be entitled to any future V3 Holdback) upon the occurrence of the earlier of (x) ten (10) Business Days after the date Suzlon provides results, reasonably acceptable to Owner, of a Successful V3 Test, or (y) the date the Parties enter into an amendment to this Agreement setting forth a corrective plan for Suzlon's failure to provide a Successful V3 Test, which amendment shall be drafted in a manner substantially similar to that certain First Amendment to the Purchase & Reservation Agreement by and between Owner and Suzlon, dated as of July 7, 2006 (a "V3 Amendment"). In the event that (x) Suzlon has not provided results, reasonably acceptable to Owner, of a Successful V3 Test, or (y) the Parties have not entered into a...
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Related to Certain Performance-Related Issues

  • KEY PERFORMANCE INDICATORS 10.1 The Supplier shall at all times during the Framework Period comply with the Key Performance Indicators and achieve the KPI Targets set out in Part B of Framework Schedule 2 (Goods and/or Services and Key Performance Indicators).

  • Other Methods of Procurement of Consultants’ Services The following table specifies the methods of procurement, other than Quality and Cost-based Selection, which may be used for consultants’ services. The Procurement Plan shall specify the circumstances under which such methods may be used. (a) Quality-based Selection (b) Selection under a Fixed Budget

  • 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).

  • Particular Methods of Procurement of Consultants’ Services 1. Quality- and Cost-based Selection. Except as otherwise provided in paragraph 2 below, consultants’ services shall be procured under contracts awarded on the basis of Quality and Cost-based Selection.

  • Monitoring of Contract Performance The Contractor shall comply with the monitoring arrangements set out in the Monitoring Requirements Schedule including, but not limited to, providing such data and information as the Contractor may be required to produce under the Contract.

  • Time Related Clause 9.2 Item 1

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

  • Employee Performance Review When a formal review of an employee’s performance is made, the employee concerned shall be given an opportunity to discuss, sign and make written comments on the review form in question and the employee is to receive a signed copy to indicate that its contents have been read. An employee shall be entitled to a minimum of two (2) work days to review the performance review prior to providing any response to the Employer, verbally or in writing, with respect to the evaluation.

  • Continuing Performance (a) The obligations under this Agreement continue until satisfied in full and do not merge with any action performed or document executed by any Party for the purposes of performance of this Agreement. (b) Any representation in this Agreement survives the execution of any document for the purposes of, and continues after, performance of this Agreement. (c) Any indemnity given by any Party under this Agreement: (i) constitutes a liability of that Party separate and independent from any other liability of that Party under this Agreement or any other agreement; and (ii) survives and continues after performance of this Agreement.

  • 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.

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