Failure to Meet Objectives. If the District reasonably determines that a) there is a substantial likelihood that the School will fail to meet or make reasonable progress toward achievement of the Performance Objectives, b) it will fail to meet generally accepted standards of fiscal management, c) it is failing to comply with District policies not expressly waived, or d) to address concerns regarding the health and safety of students and staff at the School, the District may invoke the right to review and require remedial action. In that event, upon written notice by the District, the School shall, within thirty (30) days of notice, propose a Corrective Action Plan. The District shall have the right to approve or reject the plan, and to monitor implementation of the plan. As part of the Corrective Action Plan, the District may require that the School identify specific interim performance objectives to be set and that this Contract be amended to include these interim performance objectives. These objectives must be agreed upon by the School and District and this right shall not supersede other rights provided around District action. If the School disputes these requirements, the School and District shall undergo the Dispute Resolution Process described in Section 25 of this Contract.
Failure to Meet Objectives. If the District reasonably determines that a) there is a substantial likelihood that a School will fail to meet or make reasonable progress toward achievement of the Performance Objectives, b) it or the Network will fail to meet generally accepted standards of fiscal management, c) it is failing to comply with District policies not expressly waived, d) it or the Network is failing to meet the requirements of the Performance Compact, or e) to address concerns regarding the health and safety of students and staff at the School, the District may invoke the right to review and require remedial action. In that event, upon written notice by the District, the Network shall, within thirty (30) days of notice, propose a Corrective Action Plan. The District shall have the right to approve or reject the plan, and to monitor implementation of the plan. As part of the Corrective Action Plan, the District may require that the Network identify specific interim performance objectives to be set and that this Contract be amended to include these interim performance objectives. These objectives must be agreed upon by the Network and District and this right shall not supersede other rights provided around District action. If the Network disputes these requirements, the Network and District shall undergo the Dispute Resolution Process described in Section 24 of this Contract.
Failure to Meet Objectives. If the District reasonably determines that there is a substantial likelihood that the School will fail to meet or make reasonable progress toward achievement of the Performance Objectives (cited in Sections 10A and 10B of this contract), that it will fail to meet generally accepted standards of fiscal management, that it is failing to comply with District policies not expressly waived, or to address concerns regarding the health and safety of students and staff at the School, the District may invoke the right to review and require remedial action. In that event, upon written notice by the District, the School shall, within thirty (30) days of notice, propose a corrective action plan. The District shall have the right to approve or reject the plan, and to monitor implementation of the plan. As part of the Corrective Action Plan, the District may require that the School identify specific interim performance objectives be set and that this contract be amended to include these interim performance objectives. These objectives must be agreed upon by the School and District and this right shall not supersede other rights provided around District action. The School acknowledges that achieving the Performance Objectives and complying with the material terms of this contract is critical to meeting the needs of students in the District. The School shall actively monitor its own progress towards achieving the Performance Objectives and any benchmarks outlined in a corrective action plan, as applicable. If the School continues to fail to meet the Performance Objectives, the School agrees to consider the option of relinquishing this Charter Contract. Further, the School acknowledges that a failure to meet the Performance Objectives is a material breach, as outlined in Section 21 of this Contract.
Failure to Meet Objectives. If the District reasonably determines that a) there is a substantial likelihood that a School will fail to meet or make reasonable progress toward achievement of the Performance Objectives (cited in Section 4.A of this Contract), b) it or the Network will fail to meet generally accepted standards of fiscal management, c) it is failing to comply with District policies not expressly waived, d) it or the Network is failing to meet the requirements of the Performance Compact, or
Failure to Meet Objectives. The Supply Agreement shall include provisions that adjust the "transfer price" for sales of LICENSED PRODUCTS or components in the event that LICENSOR's GROSS PROFIT MARGIN or LICENSEE's GROSS PROFIT MARGIN (based on such sales and sales of the final LICENSED PRODUCTS) of LICENSOR or LICENSEE is less than the objective of [***] for any particular year, as provided in Section 9.01 ("General"). Such adjustment shall be made by the parties retroactively adjusting the transfer price for that year for the applicable product or component such that the LICENSOR's GROSS PROFIT MARGIN and the LICENSEE's GROSS PROFIT MARGIN are the same. If within thirty (30) days after determining the LICENSOR's GROSS PROFIT MARGIN and LICENSEE's GROSS PROFIT MARGIN for a particular year, the parties are unable to agree on a transfer price that will accomplish the objectives of Section 9.01 ("General") or this Section 9.02, they shall resolve the issue by submitting it to the Center for Public Resources or similar entity for resolution by an expert with at least 15 years experience in the medical device industry. Under no circumstances, however, will LICENSOR be required to supply LICENSED PRODUCTS or components at a loss, exclusive of royalties received by LICENSOR.
