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Compliance with Performance Standards Sample Clauses

Compliance with Performance Standards. Except as limited by a new or modified conservation or liquidation order by the Conservation Court, GOLDEN STATE shall comply with the performance standards in Exhibit 3.1.1, which is attached hereto and which may be amended by mutual agreement from time to time.
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Compliance with Performance Standards. Affiliate's compliance with ------------------------------------- the standards for the performance of clinical research trials established from time to time by AD is a material condition to this Agreement.
Sample 1
Compliance with Performance Standards. Operator will cause Operator's System to comply with the Initial Performance Standards and any revised Performance Standards of which WMC has notified Operator and to which Operator has not reasonably objected by notice to WMC within 10 days after receiving notification of the revised Performance Standard. Operator shall be deemed to comply with a Performance Standard so long as Operator's performance with such Performance Standard equals or exceeds the median performance recorded in respect thereto for the same date or period by the WMC Systems. Subject to Section 7, upon request of Operator and solely for the purpose of confirming the median performance of the WMC Systems with a Performance Standard, WMC shall furnish Operator with summary information for the applicable date or period in respect of the performance of the WMC Systems for any Performance Standard as to which Operator fails to equal or exceed the median performance of the WMC Systems.
Sample 1
Compliance with Performance Standards. IBM I0S shall comply with the performance standards in Exhibit 3.2.1, which may be amended by mutual agreement from time to time.
Sample 1
Compliance with Performance Standards. If the Company fails at any time during the Term to comply with the Performance Standards, the Company shall provide the County with prompt written notice of such non-compliance. In the event that such non-compliance is caused by or results from any Company Fault, the Company shall promptly remedy such non-compliance at the Company’s cost and expense (and without reimbursement by the County) and make all changes in the Company’s operating and maintenance practices that are necessary to remedy and prevent a recurrence of such non-compliance. The Company shall also in such event provide alternative Thermal Energy service satisfying the requirements of this Agreement (and if the Company fails to do so within a reasonable period after the commencement of any such interruption, the County will be entitled to secure such alternative Thermal Energy service during the period of such interruption), and the Company will be responsible for any costs and expenses of such alternative service that are in excess of the costs and expenses that would have been incurred by the County for the Contract Services had such interruption not occurred.
Sample 1
Compliance with Performance Standards. Operator will cause Operator's System to comply with the Initial Performance Standards and any revised Performance Standards of which AirTouch has notified Operator and to which Operator has not reasonably objected by notice to AirTouch within 10 days after receiving notification of the revised Performance Standard. Operator shall be deemed to comply with a Performance Standard so long as Operator's performance with such Performance Standard equals or exceeds the median performance recorded in respect thereto for the same date or period by the AirTouch System operating in the Toledo MSA. Subject to Section 7, upon request of Operator and solely for the purpose of confirming the median performance of the Toledo MSA System with a Performance Standard, AirTouch shall furnish Operator with summary information for the applicable date or period in respect of the performance of such System for any Performance Standard as to which Operator fails to equal or exceed the median performance of such System.
Sample 1
Compliance with Performance Standards. The Concessionaire shall, at all times during the Term, cause the Utility System Operations to comply with the Performance Standards in all material respects, provided that the Concessionaire shall have a reasonable period of time to comply with the introduction of changes or modifications to the Performance Standards.
Sample 1
Compliance with Performance Standards. The Concessionaire shall, at all times during the Term, cause the Utility System Operations to comply with and implement the Performance Standards in all material respects (including any changes or modifications to the Performance Standards pursuant to the terms of this Agreement); provided that the Concessionaire shall have a reasonable period of time to comply with the introduction of changes or modifications to the Performance Standards that are made from time to time in accordance with the terms of this Agreement. The Concessionaire shall have in place during the Term an Operations Plan. Except as specifically set forth herein, the Concessionaire shall perform all work required to comply with and implement the Performance Standards (including the Capital Improvements described therein) as part of the Utility System Operations and at its sole cost and expense.
Sample 1
Compliance with Performance Standards. Operator will cause Operator's System to comply with the Initial Performance Standards and any revised Performance Standards of which AirTouch has notified Operator and to which Operator has not reasonably objected by notice to AirTouch within 10 days after receiving notification of the revised Performance Standard. Operator shall be deemed to comply with a Performance Standard so long as Operator's performance with such Performance Standard equals or exceeds the median performance recorded in respect thereto for the same date or period by the AirTouch System operating in the San Diego MSA. Subject to Section 7, upon request of Operator and solely for the purpose of confirming the median performance of the San Diego MSA System with a Performance Standard, AirTouch shall furnish Operator with summary information for the applicable date or period in respect of the performance of such System for any Performance Standard as to which Operator fails to equal or exceed the median performance of such System.
Sample 1

Related to Compliance with Performance Standards

  • Compliance with Accessibility Standards All parties to this Agreement shall ensure that the plans for and the construction of all projects subject to this Agreement are in compliance with standards issued or approved by the Texas Department of Licensing and Regulation (TDLR) as meeting or consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA).

  • Compliance with Standards Although the standards for workmanship, material, and equipment have been selected in these specifications as a basis of reference, standards and specifications of the other bank member countries and recommendations of standards international organizations will be acceptable provided they are substantially equivalent to the designated standards and provided furthermore that the contractor submits for approval detailed specifications which he proposes to use. Reference to brand names or catalog numbers if any in these specifications have been made only for that equipment for which it has been determined that a degree of standardization is necessary to maintain certain essential features. And in certain cases such references have also been made for purposes of convenience to specify the requirements, in either case offers of alternative goods, which have similar characteristics and provide performance and quality at lease equal to those specified are acceptable. If the contractor offers materials, equipment, design calculations or tests, which conform to standards other than those specified, full details of the differences between the proposed standards and that specified in so far as they affect the design or purpose of the equipment, are to be supplied by the contractor if called upon to do so by the engineer, where required by the engineer for approval purposes, the contractor shall supply, without charge, duplicate copies of the proposed standards with English translations of the relevant portions. The contractor shall have available in his place of business (or in his supplier’s works) the relevant copies of standards or codes used for the use of the Engineer.

  • SYSTEM PERFORMANCE REQUIREMENTS Certain functions of the Platform are subject to the service level agreement described in the Agreement. The following additional terms apply to Electronic Communication Services (as defined below). Such terms control in the event of a conflict with the terms of the Agreement. 1. These terms apply only to NCR Voyix’s provision of electronic communication services, such as NCR Voyix Pulse Real Time Text Paging, certain NCR Voyix online ordering functionalities and NCR Voyix Consumer Marketing (collectively, “Communication Services”). The Communication Services may enable you to send communications to your patrons, end-users or other recipients (collectively, “Recipients”), including e-mails, text messages or other electronic messages (collectively, “Communications”). Communications may be routed through wireless or mobile carriers, internet service providers or other communication service providers (each, a “CSP”). 2. You are entirely responsible for your use of the Communication Services, including, but not limited to: (a) proper account setup and configuration settings; (b) obtaining consents or opt-ins from Recipients to receive Communications; (c) compliance with requests to opt-out or unsubscribe from Communications; (d) providing all required disclosures; and (e) use of valid phone numbers, e-mail addresses or other communications identifiers as appropriate for the particular type of Communication. You are responsible for compliance with (i) all laws, rules, regulations and ordinances (including, without limitation, the Telephone Consumer Protection Act, the Federal Trade Commission Act, and the CAN-SPAM Act) and (ii) all industry standards and CSP requirements and policies (including, without limitation, all “S.H.A.F.T” rules and similar standards), in each case, as applicable to your use of the Communication Services or the conduct of your business (collectively, “Applicable Legal Requirements”). You will not use the Communication Services in violation of Applicable Legal Requirements or to engage in any illegal or unethical activity. You are solely responsible for the content and accuracy of your Communications and any products or services offered for sale therein. You will not send any misleading, inaccurate, threatening, libelous, obscene, harassing, or offensive Communication. If NCR Voyix provides images or other materials as part of the Communication Services, you may only use them for your permitted use of the Communication Services. Further, you may not use any third-party or purchased e-mail list(s) in connection with the Communication Services. NCR Voyix may immediately suspend or terminate your use of the Communication Services if you breach any obligation under this Section. You agree to immediately report any violation of this Section to NCR Voyix and provide cooperation, as requested by NCR Voyix, to investigate and/or remedy that violation. You are responsible for any and all charges (including, but not limited to, fees associated with text or email messaging) imposed by your CSP. Message and data rates may apply. Such charges include those from your mobile carrier or other CSP. 3. Communications may not be encrypted, so you should use appropriate care when determining the content of any Communications. Delivery and receipt of Communications may be delayed or impacted by technical or other issues with CSPs or other third parties or due to other reasons outside of NCR Voyix’s control. NCR Voyix will not be liable for any losses or damages arising from the disclosure of any Communication to any third party or the non-delivery, delayed delivery, misdirected delivery or mishandling of, or inaccurate content in, any Communication sent via the Communication Services. 4. You will indemnify, defend and hold harmless NCR Voyix and its affiliates, suppliers, agents and representatives against any and all claims, losses, costs, fines, fees, liabilities or obligations arising from: (a) your use of the Communication Services or the conduct of your business; or (b) your violation of Applicable Legal Requirements. The indemnified parties hereunder are intended third-party beneficiaries of this Section.

  • Performance Standards The Contractor agrees to perform all tasks and provide deliverables as set forth in the Contract. The Department and the Customer will be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof.

  • Performance and Compliance Seller shall have performed, in all material respects, all of the covenants and complied with all of the provisions required by this Agreement to be performed or complied with by it on or before the Closing.

  • Performance Requirements A. There is no guaranteed minimum amount of work which will be ordered under this Contract. B. The total Contract amount will not exceed $4,900,000. C. This is a Contract for work specified in individual Job Orders. Work ordered prior to but not completed by the expiration of the Contract period, and any additional work required as a result of unforeseen conditions encountered during construction up to six (6) months after the contract expiration date, will be completed with all provisions of this Contract still in force. Performance time for each Job Order issued under this Contract will be determined in accordance with the Contract. This performance time will be determined and agreed upon by both Parties for each individual Job Order. Contractor must self-perform 20% of the Work under this Contract for ‘A’ and ‘B’ licenses. Contractor must self-perform 75% of the Work under this Contract, unless otherwise approved by the County, for ‘C’ licenses. D. This is an indefinite-quantity Contract for the supplies or services specified and effective for the period stated. Work or performance shall be made only as authorized by Job Orders issued in accordance with the ordering procedures clause. The Contractor agrees to furnish to the County when and if ordered, the supplies or services specified in the Contract up to and including the quantity designated in the Job Orders issued as the maximum designated in the Contract.

  • Performance and Compliance with Collateral The Borrower will, at the Borrower’s expense, timely and fully perform and comply (or, by exercising its rights thereunder, cause the Seller to perform and comply pursuant to the Sale Agreement) with all provisions, covenants and other promises required to be observed by it under the Collateral, the Transaction Documents and all other agreements related to such Collateral.

  • Compliance with Policies Each Individual Limited Partner hereby agrees that he shall comply with all policies and procedures adopted by any member of the Och-Ziff Group or which Limited Partners are required to observe by law, or by any recognized stock exchange, or other regulatory body or authority.

  • Compliance with Rules To comply with, and to require the Contractors to comply with, all rules, regulations, ordinances and laws bearing on the conduct of the work on the Improvements, including the requirements of any insurer issuing coverage on the Project and the requirements of any applicable supervising boards of fire underwriters.

  • Prohibition of Performance Requirements 1. The provisions of the Agreement on Trade-Related Investment Measures in Annex 1A to the WTO Agreement (TRIMs), which are not specifically mentioned in or modified by this Agreement, shall apply, mutatis mutandis, to this Agreement. 2. Member States shall undertake joint assessment on performance requirements no later than 2 years from the date of entry into force of this Agreement. The aim of such assessment shall include reviewing existing performance requirements and considering the need for additional commitments under this Article.

Most Referenced Clauses

Most Referenced Definitions