During the Performance Period Sample Clauses

During the Performance Period. Notwithstanding any provision hereof to the contrary, in the event of termination of Participant’s employment prior to the end of the Performance Period by reason of (i) death, (ii) Disability or (iii) unless otherwise determined by the Committee, Retirement, the Units shall not be forfeited and the Participant shall be vested in not less than a pro rata portion of the Units that become Earned Units at the expiration of the Performance Period, based on the number of days during the applicable Restriction Period during which the Participant was employed. Upon a Participant’s Retirement all unvested Earned Units shall be forfeited; provided however, that the Committee reserves the right to vest unvested Earned Units.
AutoNDA by SimpleDocs
During the Performance Period. Notwithstanding any other provision of this Award Agreement, but subject to Paragraph 6(c), if your employment with the Company is terminated by reason of Disability or Retirement during the Performance Period, (i) the Earned RSUs in respected of your Performance RSUs will be determined on a pro-rata basis (based upon the number of whole or partial months you were employed during the Performance Period relative to 24) and (ii) when the Earned RSUs have been determined in accordance with Paragraph 6(a)(i) and Paragraph 2(b), the condition set forth in Paragraph 4(a) shall be waived with respect to any such Earned RSUs (as a result of which any such Earned RSUs shall vest and shares corresponding to the Earned RSUs shall be delivered to you as soon as practicable after the date of termination and after such documentation as may be requested by the Committee is provided to the Committee), but all other conditions of this Award Agreement shall continue to apply.
During the Performance Period. The restrictions that (A) the Employee remain an employee of the Corporation until the last day of the Performance Period, unless the Employee’s cessation of employment was due to the Employee’s death, Disability, Retirement or termination of employment with the consent of the Corporation and (B) if the Corporation’s TSR is not less than Target as of the last day of the Performance Period. If the Employee terminates employment except for death, Disability, Retirement or termination of employment with the consent of the Corporation or if the TSR is less than Target, no shares will be earned. If the TSR is greater than Target, the Employee will earn the number of shares determined under paragraph 3(c) in three equal annual installments beginning as soon as administratively feasible after the Committee determines the Performance Level as described in paragraph 3(c) below.
During the Performance Period. Notwithstanding any other provision of this Award Agreement, but subject to Paragraph 6(c): (i) if you become subject to Disability during the Performance Period, and provided your rights in respect of your Performance RSUs have not yet terminated, (A) you shall be eligible to vest in a pro-rated amount of your Performance RSUs (based upon the number of whole or partial months you were employed during the Performance Period relative to 24 and the determination, in the Committee’s sole discretion, of achievement through the date of your becoming subject to Disability against performance targets for the Performance Period) and (B) the Shares (or securities or other property in lieu of all or any part thereof) corresponding to such pro-rated amount of your Performance RSUs determined in accordance with Paragraphs 6(a)(i)(A) and 2(b) shall be paid to you promptly after you become subject to Disability (but no later than 90 days thereafter); or (ii) if you Retire during the Performance Period, and provided your rights in respect of your Performance RSUs have not yet terminated, (A) you shall be eligible to vest in a pro-rated amount of your Performance RSUs (based upon the number of whole or partial months you were employed during the Performance Period relative to 24) and (B) the Shares (or securities or other property in lieu of all or any part thereof) corresponding to such pro-rated amount of your Performance RSUs determined in accordance with Paragraphs 6(a)(ii)(A) and 2(b) shall be paid to you as soon as practicable in the calendar year immediately following the end of such Performance Period when performance has been determined (but no later than the end of such year).
During the Performance Period. In the event that the Participant incurs a Qualifying Termination prior to the completion of the Performance Period (including the last day thereof), the Performance Shares will vest in full as if the applicable Management Objectives had been met at “target” (as set forth in as set forth in Exhibit A hereto) and become nonforfeitable upon such Qualifying Termination .
During the Performance Period. If a Change of Control occurs prior to the completion of the Performance Period, the Performance Shares will vest in full and become nonforfeitable in an amount equal to the greater of the number of shares that would vest if (i) the applicable Management Objectives had been met at “target” (as set forth in Exhibit A hereto) or (ii) the actual achievement of the Management Objectives measured from the Measurement Commencement Date (as defined in in Exhibit A hereto) through the date of such Change of Control (determined by the Committee, in good faith, in accordance with Exhibit A).
During the Performance Period. (a) development of the Mines on the Site specified in Schedule-A, in accordance with the provisions of Schedule-B and Schedule-C, and conforming to the Specifications and Standards set forth in Schedule-D and the Mining Plan; (b) removal and dumping of Overburden, Overburden loading and transportation and haul road construction with due regard to safety; (c) operation and maintenance of the Mines in accordance with the provisions of this Agreement; (d) excavation and Delivery of Coal in accordance with the provisions of this Agreement; and (e) performance and fulfillment of all other obligations of the Mine Operator in accordance with the provisions of this Agreement and matters incidental thereto or necessary for the performance of any or all of the obligations of the Mine Operator under this Agreement.
AutoNDA by SimpleDocs

Related to During the Performance Period

  • Performance Period This Agreement shall be performed during the period which begins Oct 01 2020 and ends Sep 30 2022. All services under this Agreement must be rendered within this performance period, unless directly specified under a written change or extension provisioned under Article 14, which shall be fully executed by both parties to this Agreement.

  • Service Period The Service Period of this Agreement is for 1 year in respect of the unit and starts on the Start Date as defined in the Terms and Conditions, or, in the case of an extension of renewal of the provision of Support Services, starts on the date of payment of the Charges.

  • Vesting Period The vesting period of the Restricted Stock (the “Vesting Period”) begins on the Grant Date and continues until such date as is set forth on Schedule A as the date on which the Restricted Stock is fully vested. On the first Annual Vesting Date following the date of this Agreement and each Annual Vesting Date thereafter the number of shares of Restricted Stock equal to the Annual Vesting Amount shall become vested, subject to earlier forfeiture as provided in this Agreement. To the extent that Schedule A provides for amounts or schedules of vesting that conflict with the provisions of this paragraph, the provisions of Schedule A will govern. Except as permitted under Section 10, the shares of Restricted Stock for which the applicable Vesting Period has not expired may not be sold, assigned, transferred, pledged or otherwise disposed of or encumbered (whether voluntary or involuntary or by judgment, levy, attachment, garnishment or other legal or equitable proceeding). The Employee shall not have the right to receive cash dividends paid on shares of Restricted Stock for which the applicable Vesting Period has not expired. In lieu thereof, the Employee shall have the right to receive from the Company an amount, in cash, equal to the cash dividends payable on shares of Restricted Stock for which the applicable Vesting Period has not expired, provided the Employee is employed by the Company on the payroll date coinciding with or immediately following the date any such cash dividends are paid on the Restricted Shares. The Employee shall have the right to vote the Restricted Stock, regardless of whether the applicable Vesting Period has expired.

  • Period of Continuous Service Period of Notice Up to 1 Year 1 Week More than 1 Year but less than 3 Years 2 Weeks More than 3 Years but less than 5 Years 3 Weeks More than 5 Years 4 Weeks

  • Vesting Commencement Date Exercise Price per Share: Total Number of Shares Subject to the Option: Total Exercise Price: Expiration Date:

  • 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).

  • Annual Performance Bonus During the Employment Term, the Executive shall be entitled to participate in the STIP, with such opportunities as may be determined by the Chief Executive Officer in his sole discretion (“Target Bonuses”), and as may be increased (but not decreased, except for across-the-board reductions generally applicable to the Company’s senior executives) from time to time, and the Executive shall be entitled to receive full payment of any award under the STIP, determined pursuant to the STIP (a “Bonus Award”).

  • 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.

  • Period of Restriction (a) Subject to earlier vesting or forfeiture as hereinafter provided, the period of restriction (the “Period of Restriction”) applicable to the Award Shares or each applicable portion thereof is from the Award Date through the date specified below, provided in each case the Participant’s Company Service (as defined in Paragraph 7) continues through such respective date: <<INSERT VESTING SCHEDULE>> (b) Subject to earlier vesting or forfeiture as provided in the Agreement, if the Participant has attained age sixty-five (65) prior to the end of any Period of Restriction applicable to the Award Shares or each applicable portion thereof, then upon the later to occur of (i) the date on which the Participant has attained age sixty-five (65) or (ii) the first (1st) anniversary of the Award Date, provided in each case that the Participant’s Company Service (as defined in Paragraph 7) has continued since the Award Date through such respective date, any remaining Period of Restriction shall end and any remaining restrictions applicable to any of the Award Shares shall automatically terminate and the Award Shares shall become free of restrictions and freely transferable. (c) If a Change in Control occurs after the Award Date and during the continuation of the Participant’s Company Service (as defined in Paragraph 7), any remaining Period of Restriction shall end and any remaining restrictions applicable to any of the Award Shares shall automatically terminate and the Award Shares shall become free of restrictions and freely transferable. (d) The applicable portion of the Award Shares shall become freely transferable by the Participant after the last day of its Period of Restriction.

  • Period of Retention All books, records, reports, and statements relevant to this Contract must be retained a minimum three years and for five years if any federal funds are used under this Contract. The retention period runs from the date of payment for the relevant goods or services by the City, or from the date of termination of this Contract, whichever is later. Retention time shall be extended when an audit is scheduled or in progress for a period reasonably necessary to complete an audit and/or to complete any administrative and judicial litigation which may ensue.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!