General Performance Standards Clause Samples

General Performance Standards a. The Contractor has by careful examination ascertained: (i) the nature and location of the Services; (ii) the configuration of the ground on which the Services are to be performed; (iii) the character, quality, and quantity of the labor, materials, equipment, and facilities necessary to complete the Services; (iv) the general and local conditions pertaining to the Services; and (v) all other matters which in any way may affect the performance of the Services by the Contractor. Contractor enters into this Agreement solely because of the results of such examination and not because of any representations pertaining to the Services or the provision thereof made to it by the District or any agent of the District and not contained in this Agreement. The Contractor represents that it has or shall acquire the capacity and the professional experience and skill to perform the Services and that the Services shall be performed in accordance with the standards of care, skill, and diligence provided by competent professionals who perform services of a similar nature to those specified in this Agreement. If competent professionals find that the Contractor’s performance of the Services does not meet this standard, the Contractor shall, at the District’s request, re-perform the Services not meeting this standard without additional compensation. b. The Contractor shall use reasonable commercial efforts to perform and complete the Services in a timely manner. If performance of the Services by the Contractor is delayed due to factors beyond the Contractor’s reasonable control, or if conditions of the scope or type of services are expected to change, Contractor shall give prompt notice to the District of such a delay or change and receive an equitable adjustment of time and/or compensation, as negotiated between the Parties. c. The Services provided under this Agreement shall be adequate and sufficient for the intended purposes and shall be completed in a good and workmanlike manner. d. The Contractor agrees that it has complied and will continue to comply with all Laws while providing Services under this Agreement. “Laws” means: (i) federal, state, county, and local or municipal body or agency laws, statutes, ordinances, and regulations; (ii) any licensing, bonding, and permit requirements; (iii) any laws relating to storage, use, or disposal of hazardous wastes, substances, or materials; (iv) rules, regulations, ordinances, and/or similar directives regarding business perm...

General Performance Standards. Distributor agrees that the continued maintenance of an image of excellence and ethical marketing of the Products is essential to the continued success of both parties. Accordingly, Distributor: (1) shall not engage in deceptive, misleading, or unethical practices that are or might be detrimental to Zeltiq, the Products, or the public, including any such practices directed at Competing Products; (2) shall make no false, misleading or deceptive statements or representations, either orally or in any written materials, with regard to Zeltiq, Distributor or the Products; (3) shall make no representations, warranties, or guarantees to Customers or to the trade with respect to the specifications, indications, capabilities, or features of the Product that are inconsistent with the literature provided to Distributor by Zeltiq for marketing purposes; and (4) shall not promote the Products other than for use with their labeled indications.

General Performance Standards. 10.1 Without prejudice to the Service Requirements, the Supplier shall ensure that the Deployed Services are at all times performed: 10.1.1 in an economic, efficient, effective and safe manner in accordance with Good Industry Practice; 10.1.2 in accordance with the applicable Codes and Standards and the Consents; 10.1.3 in such a manner as not to detract from or damage the image and reputation of the Authority or the Framework Authority; and 10.1.4 save as expressly provided in this Contract, so as not to unreasonably impede the Authority in carrying out its functions or increase the cost to the Authority of carrying out its functions. 10.2 Without prejudice to the Service Requirements, the Supplier shall ensure that Network Deployment is: 10.2.1 at all times performed so as to minimise interference with the convenience of the public, access to public/private roads or footpaths, or other users of the Service Environment; 10.2.2 wherever reasonably practicable, in accordance with all reasonably necessary directions given to the Supplier by the Authority during the Term, provided that those directions are not inconsistent with this Contract or are unreasonably burdensome to the Supplier having regard to the requirements of this Contract; and 10.2.3 in a manner that is not injurious to health and that (unless agreed otherwise with the Authority in writing) does not cause any nuisance or damage to any property or the environment. 10.3 The Parties shall at all times act reasonably and in good faith towards (and co-operate with) each other to the extent required for the performance of this Contract. 10.4 If the Supplier fails to comply with its obligations in accordance with this Contract the Authority may, in addition to its other rights, require the Supplier to comply with its obligations (with the costs of such compliance to be borne by the Supplier). 10.5 The Supplier shall use all reasonable endeavours to the extent permitted by Law: 10.5.1 as part of any further necessary detailed Supplier Solution design work under this Contract, to facilitate efficient geographical and technical synergies between the Network and Funded Mobile Projects; and 10.5.2 to co-operate with any telecommunications provider appointed under a Funded Mobile Project in relation to the Deployed Services and/or the delivery of services pursuant to that Funded Mobile Project, provided that the Supplier shall be entitled to (i) manage such facilitation and/or co- operation in accordance w...

General Performance Standards. (a) Contractor shall work under the direction, supervision, and authority of the Eligible User, subject to the statutes and rules governing lease procurements; (b) Contractor will receive training from the Department concerning the rules governing general leasing and the procurement of leases; (c) Contractor will provide all labor, materials and supplies necessary to perform the Services; (d) Contractor must maintain an office in Florida and shall establish an Account Management Team to work directly with Eligible Users. This team shall consist of a minimum of one senior account executive and other licensed tenant brokers; (e) Tenant brokers must comply with all applicable provisions of chapter 475, Florida Statutes; (f) The Contractor shall deliver all Services in a professional, skillful manner in accordance with the standards and quality prevailing among first-rate, nationally-recognized firms in the industry and in accordance with this Contract; (g) Contractor shall provide the Department written updates on transactions in process of all Services under this Contract monthly. At its sole discretion, the Department may approve alternate update frequencies.

General Performance Standards. To determine Key Employee’s Final Award, the number of units comprising Key Employee’s Initial Award are adjusted (ranging from a maximum of twice the number of units comprising the Initial Award, to a minimum of no units), based on program metrics that compare the growth in the Company’s net revenues (if any) occurring during the Revenue Measurement Period to comparable growth in net revenues being reported by the Company’s principal competitors (as determined by the Compensation Committee of the Company’s board of directors, or its designee (for purposes of this Agreement only, the “Committee”)) during a period comparable in length to the Revenue Measurement Period, taking into account the Company’s achievement of specified rates of return.

General Performance Standards. Beginning on the Effective Date, Service Provider shall perform the Services at levels of accuracy, quality, completeness, timeliness, responsiveness, resource efficiency, and productivity that are at least equal to accepted industry standards of first tier providers of services that are the same as or similar to the Services. The foregoing provisions of this Subsection shall not be deemed to supersede the Service Levels.

General Performance Standards. Subject to the terms and conditions of this Agreement, Ziopharm shall be responsible for the Development of the Gorilla IL-12 Products pursuant to and in accordance with the Gorilla Development Plan. As set forth in additional detail herein, Ziopharm shall be responsible for 80% of the Gorilla Development Costs and Precigen shall be responsible for 20% of the Gorilla Development Costs (which, for clarity are only with respect to the Gorilla IL-12 Products for use in the Field but not the HPV Field) and the Parties shall share in the Operating Profit (or Loss) for Gorilla IL-12 Products in accordance with Section 6.2(a) and 6.2(b), as applicable.

General Performance Standards. Beginning on the Commencement Date, unless otherwise provided in the applicable Supplement or for the Deferred Countries, such later date as Supplier assumes responsibility for providing Services in those Deferred Countries, Supplier shall perform the Services at levels of accuracy, quality, completeness, timeliness, responsiveness and resource efficiency that are at least equal to those received by Kraft or the Eligible Recipients 12 months prior to such date. In addition, for those Services for which there are no Service Levels, Supplier shall perform such Services at levels of accuracy, quality, completeness, timeliness, responsiveness, resource efficiency and productivity that are equal to or higher than the accepted industry standards of first tier providers of such business process and outsourcing services. This Section 7.1.1 shall not be deemed to supersede the Service Levels specified in the applicable Supplement.

General Performance Standards. 10.1 Without prejudice to the Service Requirements, the Supplier shall ensure that the Deployed Services are at all times performed: 10.1.1 in an economic, efficient, effective and safe manner in accordance with Good Industry Practice; 10.1.2 in accordance with the applicable Codes and Standards and the Consents; 10.1.3 in such a manner as not to detract from or damage the image and reputation of the Authority or the Framework Authority; and 10.1.4 save as expressly provided in this Contract, so as not to unreasonably impede the Authority in carrying out its functions or increase the cost to the Authority of carrying out its functions. 10.2 Without prejudice to the Service Requirements, the Supplier shall ensure that Network Deployment is: 10.2.1 at all times performed so as to minimise interference with the convenience of the public, access to public/private roads or footpaths, or other users of the Service Environment; 10.2.2 wherever reasonably practicable, in accordance with all reasonably necessary directions given to the Supplier by the Authority during the Term, provided that those directions are not inconsistent with this Contract or are unreasonably burdensome to the Supplier having regard to the requirements of this Contract; and 10.2.3 in a manner that is not injurious to health and that (unless agreed otherwise with the Authority in writing) does not cause any nuisance or damage to any property or the environment.