Failed Performance Sample Clauses

Failed Performance. If at any time during the Term, this Agreement is terminated by X. X. Xxxxx as a result of Failed Performance by Xxxxxxxxx-Americas, as defined in Section 12.1 of this Agreement, X. X. Xxxxx shall pay to Xxxxxxxxx-Americas a Termination Fee in an amount calculated as set forth in the attached Schedule 11.4.
Sample 1
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Failed Performance. The Company may discharge Employee in the event that Employee fails to reach the goals set forth in Exhibit "A" attached hereto. In the event Employee is discharged pursuant to this Paragraph 9(c), the Company shall pay Employee as severance Employee's Base Compensation at the time of termination for the lesser of six months or the remainder of the then current Term of this Agreement, with such payments being made at the same time as Base Compensation would have been paid if Employee's employment had continued. Upon payment of the severance in accordance with this Paragraph 9(c), the Company shall have no further obligation or liability hereunder to Employee.
Sample 1
Failed Performance. If FDR fails during any calendar month to perform in accordance with the performance criteria defined above, then, such failure shall be considered to be a "Failed Month" for purposes of this Exhibit G if and to the extent set forth below:Events in Calendar Month Consecutive Months 3 4 1 0 % 0 % 1 % 2 % 2 0 % 2 % 3 % 5 % 3 0 % 5 % 10 % 15 % 4 0 % 10 % 15 % 20 % Any reference to "0%", shall not be a Failed Month for any purpose. If FDR experiences a Failed Month per the grid requirements, then Customer shall be entitled to a "Performance Credit" equal to the applicable percentage set forth in the grid multiplied by the applicable month's Processing Fees. In the case of consecutive Failed Months with a different number of failures each month, the Performance Credit will determined by taking the greatest number of failures present in each of the consecutive Failed Months and multiplying the applicable percentage determined from the grid by the applicable month's Processing Fees. For example: Failures
Sample 1

Related to Failed Performance

  • Excused Performance If either Party is rendered wholly or partially unable to perform its obligations (other than payment obligations) under this Agreement due to the occurrence of a Force Majeure Event, such Party will be excused from the affected performance obligation (other than payment obligations), provided that:

  • Continued Performance The fact that the dispute resolution procedures specified in this Section 13 shall have been or may be invoked shall not excuse any party from performing its obligations under this Agreement, and during the pendency of any such procedure all parties shall continue to perform their respective obligations in good faith, subject to any rights to terminate this Agreement that may be available to any party.

  • Continuity of Service and Performance Unless otherwise agreed in writing, the Parties shall continue to provide service and honor all other commitments under this Agreement during the course of a Dispute with respect to all matters not subject to such Dispute.

  • Duties and Performance From time to time during the term of this Agreement, Consultant shall provide such advisory services relating to the Company's financial status and capital structure (the "SERVICES") to Company as Consultant and Company shall agree. In connection with the Services, Consultant may develop and communicate to Company certain business opportunities with entities known to Consultant; the Services may include various types of arrangements, including direct investment into Company.

  • Payment and Performance The Borrower will pay all amounts due under the Loan Documents in accordance with the terms thereof and will observe, perform and comply with every covenant, term and condition expressed or implied in the Loan Documents. The Borrower will cause each other Loan Party to observe, perform and comply with every such term, covenant and condition in any Loan Document.

  • Timely Performance Time is of the essence as to the performance of the obligations required of the respective parties under this Agreement.

  • Strict Performance The failure of any party to insist upon or enforce strict performance by any other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, such provision or right shall be and remain in full force and effect.

  • Not Impair Performance Buyer shall not take any intentional action that would cause the conditions upon the obligations of the parties hereto to effect the transactions contemplated hereby not to be fulfilled, including, without limitation, taking or causing to be taken any action that would cause the representations and warranties made by any party herein not to be true, correct and accurate as of the Closing, or in any way impairing the ability of Seller to satisfy its obligations as provided in Article VII.

  • Assist Performance Seller shall exercise its reasonable best efforts to cause to be fulfilled those conditions precedent to Buyer’s obligations to consummate the transactions contemplated hereby which are dependent upon the actions of Seller and to work with Buyer to make and/or obtain any necessary filings and consents. Seller shall cause Split-Off Subsidiary to comply with its obligations under this Agreement.

  • Capacity and Performance (a) During the term hereof, the Executive shall serve the Company as its Vice President and Chief Operating Officer. In addition, and without further compensation, the Executive shall serve as a director of the Company, if so elected by the stockholders of the Company, and shall serve as a director of one or more of the Company’s Affiliates if so elected from time to time.

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