Measurement Rules Clause Samples
The Measurement Rules clause defines the methods and standards to be used for quantifying work, materials, or services under a contract. It typically specifies which industry guidelines, units of measurement, or calculation procedures must be followed when determining quantities for payment or compliance. For example, it may require that all measurements be taken in metric units or according to a specific technical standard. This clause ensures consistency and fairness in how work is assessed and valued, reducing disputes over quantities and facilitating accurate billing.
Measurement Rules. Except as otherwise specified below in the Performance Standards Table, the reporting period for each Performance Standard shall be one calendar month. All references to days shall be calendar days and references to time of day shall be to Pacific Standard Time.
Measurement Rules. Except as otherwise specified below in the Performance Measurement Standards table, the reporting period for each Performance Standard shall be one calendar month; all references to time of day shall be to Pacific Standard Time; all references to hours will be actual hours during a calendar day; and all references to days, months, and quarters shall be to calendar days, calendar months, and calendar quarters, respectively. Performance Measurement Standards:
1) General - The Performance Measurement Standards Table sets forth the categories of Performance Measurement Standards and their associated measurements. In performing its services under this Agreement, Contractor shall use commercially reasonable efforts to meet or exceed the Performance Measurement Standards.
2) Root Cause Analysis/Corrective Action - If Contractor fails to meet any Performance Measurement Standard in any calendar month (whether or not the failure is excused), Contractor shall promptly (a) investigate and report on the root cause of the problem; (b) develop a corrective action plan (where applicable); (c) to the extent within Contractor’s control, remedy the cause of the performance failure and resume meeting the affected Performance Measurement Standards; (d) implement and notify the Exchange of measures taken by Contractor to prevent recurrences if the performance failure is otherwise likely to recur; and (e) make written recommendations to the Exchange for improvements in procedures.
3) Performance Measurement Standard Exceptions - Contractor shall not be responsible for any failure to meet a Performance Measurement Standard if and to the extent that the failure is excused pursuant to Section 12. 7 of the Agreement (Force Majeure) or the parties agree that the lack of compliance is due to the Exchange’s failure to properly or timely perform (or cause to be properly or timely performed) any responsibility, duty, or other obligation under this Agreement, provided that Contractor timely notifies the Exchange of the problem and uses commercially reasonable efforts to perform and meet the Performance Measurement Standards notwithstanding the Exchange’s failure to perform or delay in performing. If Contractor wishes to avail itself of one of these exceptions, Contractor shall indicate in the applicable performance report delivered in the second month first report following the failure to meet such Performance Measurement Standard: (a) the identity of the Performance Measurement Standard...