Failure to Meet Targets Sample Clauses

Failure to Meet Targets. For the purposes of this Agreement, an “SLA Failure” shall have occurred if any of the following occur with regard to the Customized Envestnet Platform for any given calendar month: (a) the availability of the Customized Envestnet Platform during Prime Hours is less than the target availability; or (a) the average of (i) the availability of the Customized Envestnet Platform during Prime Hours and (ii) the availability of the Customized Envestnet Platform during Non-Prime Hours is less than 98.5%; or
Sample 1
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Failure to Meet Targets. (a) For the purposes of this SLA, a “Technology SLA Failure” shall have occurred if any of the following occur with regard to the Software for any given calendar month: (i) the availability of the Software during Prime Hours is less than the target availability; or (ii) the average of (1) the availability of the Software during Prime Hours and (2) the availability of the Software during Non-Prime Hours is less than 98.5%; or (iii) the average response time is greater than the target average response time that has been mutually agreed upon by Envestnet and Fidelity. On a monthly basis, Envestnet will capture business activity to determine whether a Technology SLA Failure has occurred. (b) [*** ] (as further defined in a certain letter agreement by and between Fidelity and Envestnet dated as of the Fourth Amendment Effective Date) assessed for the month or months of the violation occurring in that quarter. The total associated monthly percentage of the [***] pursuant to any Hosting and Technology Service Levels and/or Operational SLA Failures for any individual quarter is capped at [***] of the Admin Fee for that month. The [***] pertaining to system availability is calculated as follows: Activity Monthly Metric [***] System Availability 98.5% – 98.0% 98.0% – 96.5% 96.5% – 95.0% 95.0% – 93.5% Below 93.5% [***] [***] [***] [***] [***] System Response Time Within [***] of the KB40 Index [***] For the purpose of determining System Availability, unavailability shall include time that the Software is unavailable to Fidelity or Advisors due to errors that make the site inoperable. For purposes of determining the [***], System Availability is measured on a monthly basis. System unavailability is calculated from the time the system becomes functionally inoperable until such time that functionality has been restored. (c) [*** ] the parties agree as follows: (i) [*** ] multiplied by the aggregate net Platform Services Fee payments charged (or due to be charged) by Envestnet to Fidelity pursuant to the Agreement (per the fee payment schedule described on Exhibit F attached hereto) for such calendar quarter. For clarity, the free credit percentages in this section apply only to the net Platform Services Fees payable by Fidelity and not the software license component. [***] Certain information has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.
Sample 1
Failure to Meet Targets. For the purposes of this Agreement, an “SLA Failure” shall have occurred if any of the following occur with regard to the Software for any given calendar month: (a) the availability of the Software during Prime Hours is less than the target availability; or (b) the average of (i) the availability of the Software during Prime Hours and (ii) the availability of the Software during Non-Prime Hours is less than 98.5%; or
Sample 1
Failure to Meet Targets. In the event that the Program ----------------------- fails to achieve (x) at least 70% of the stated premium volume target and (y) a Loss Ratio of less than 110% of the stated Loss Ratio target set forth in the ---- then-existing marketing plan for a Covered State in any of the three years covered by such plan, then each of AHI and PA shall have the right to terminate such state's status as a Covered State by giving one year's written notice to the other party of such intention (such one year period, the "Notice Period"). During the Notice Period, PA shall continue to renew business under the Program in such Covered State and shall accept applications from Eligible Insureds for coverage under the Program in such state. Additionally, AHI shall be obligated to continue to write such business in accordance with the Underwriting Guidelines during the Notice Period. During the Notice Period, PA will have the right to accelerate the termination of a state's status as a Covered State upon 90 days' written notice to AHI, which notice may be given no earlier than the date which is 90 days after the Notice Period commenced with respect to such state. In no event will AHI be allowed to terminate a state's status as a Covered State prior to the end of the Notice Period unless PA chooses to exercise its right to cause an early termination of the Notice Period as described in the preceding sentence. During the Notice Period, AHI will have the right to solicit business that renews or becomes effective after the expiration of the Notice Period (or earlier termination thereof at the option of PA). Such solicitation shall be made in accordance with the provisions of Section 9.7.
Sample 1
Failure to Meet Targets. In the event the Program fails to ----------------------- achieve (x) at least 70% of the stated premium volume target and (y) a Loss Ratio of less than 110% of the stated Loss Ratio targets set forth in the initial marketing plan for an Expansion State for either of the two years covered by such plan, AHI has the right to terminate such state's status as an Expansion State as of such date and such state shall thereafter be treated as a Non-Covered State under this Agreement. PA shall be entitled to reinitiate the process set forth in this Section 2.5 with respect to any such state.
Sample 1
Failure to Meet Targets. If, within the first 45 days, Party B fails to cause Party A to sign a minimum of 20 million US dollars’ worth of EPC projects or trading business, the full advanced amount of 2.5 million US dollars deposit shall be returned to Party A within 3 business days.
Sample 1

Related to Failure to Meet Targets

  • Failure to Meet Timelines Failure by the Union to comply with the timelines will result in the automatic withdrawal of the grievance. Failure by the Employer to comply with the timelines will entitle the Union to move the grievance to the next step of the procedure.

  • Failure to Determine Values If the Borrower shall fail to determine the value of any Portfolio Investment as at any date pursuant to the requirements of the foregoing sub-clauses (A), (B) or (C), then the “Value” of such Portfolio Investment as at such date shall be deemed to be zero.

  • Failure to Defend If the Indemnifying Party, within a reasonable time after notice of any such Claim, fails to defend such Claim actively and in good faith, the Indemnified Party will (upon further notice) have the right to undertake the defense, compromise or settlement of such Claim or consent to the entry of a judgment with respect to such Claim, on behalf of and for the account and risk of the Indemnifying Party, and the Indemnifying Party shall thereafter have no right to challenge the Indemnified Party's defense, compromise, settlement or consent to judgment.

  • Benchmarks for Measuring Accessibility For the purposes of this Agreement, the accessibility of online content and functionality will be measured according to the W3C’s Web Content Accessibility Guidelines (WCAG) 2.0 Level AA and the Web Accessibility Initiative Accessible Rich Internet Applications Suite (WAI-ARIA) 1.0 for web content, which are incorporated by reference.

  • Failure to Return Failure of the employee to return pursuant to the date determined in this Section will constitute grounds for termination by the School District unless the School District and the employee mutually agree to an extension of the leave.

  • Certification of Meeting or Exceeding Tobacco-Free Workplace Policy Minimum Standards A. Grantee certifies that it has adopted and enforces a Tobacco-Free Workplace Policy that meets or exceeds all of the following minimum standards of: i. Prohibiting the use of all forms of tobacco products, including but not limited to cigarettes, cigars, pipes, water pipes (hookah), bidis, kreteks, electronic cigarettes, smokeless tobacco, snuff and chewing tobacco; ii. Designating the property to which this Policy applies as a "designated area,” which must at least comprise all buildings and structures where activities funded under this Grant Agreement are taking place, as well as Grantee owned, leased, or controlled sidewalks, parking lots, walkways, and attached parking structures immediately adjacent to this designated area; iii. Applying to all employees and visitors in this designated area; and iv. Providing for or referring its employees to tobacco use cessation services. B. If Grantee cannot meet these minimum standards, it must obtain a waiver from the System Agency.

  • Effect of Failure to Deliver Timely Interest Election Request and Events of Default on Interest Election If the Borrower fails to deliver a timely Interest Election Request with respect to a Eurodollar Borrowing prior to the end of the Interest Period applicable thereto, then, unless such Borrowing is repaid as provided herein, at the end of such Interest Period such Borrowing shall be converted to an ABR Borrowing. Notwithstanding any contrary provision hereof, if an Event of Default has occurred and is continuing: (i) no outstanding Borrowing may be converted to or continued as a Eurodollar Borrowing (and any Interest Election Request that requests the conversion of any Borrowing to, or continuation of any Borrowing as, a Eurodollar Borrowing shall be ineffective) and (ii) unless repaid, each Eurodollar Borrowing shall be converted to an ABR Borrowing at the end of the Interest Period applicable thereto.

  • Failure to Report No compensation shall be granted for the total period of standby if the employee is unable to report for duty when required.

  • Failure to Fulfill Conditions In the event that either of the parties hereto determines that a condition to its respective obligations to consummate the transactions contemplated hereby cannot be fulfilled on or prior to the termination of this Agreement, it will promptly notify the other party.

  • Determination of Responsiveness 28.1 The Procuring Entity's determination of a Tender's responsiveness is to be based on the contents of the Tender itself, as defined in ITT28.2.

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