Minimum Development Performance Standard Sample Clauses

Minimum Development Performance Standard. If, regardless of whether THERAPEUTICS exercises its Best Efforts, within two (2) years from the date of payment of the Initial Licensing Fee as required by Section 5.1 of this Agreement at least five (5) SDC Products reviewed and approved by the EMC, in any combination of Category I or II products, with not less than two in either Category I or II, are not under Development under the terms of this Agreement, then the Parties agree that this Agreement shall be automatically terminated and the licensing rights granted by INNOVATIVE to THERAPEUTICS under Section 2.1 shall terminate and revert to INNOVATIVE; provided, however, that any SDC Product(s) under Development and all licenses and sublicenses related to the continued development of those SDC Product(s) shall remain unaffected by termination under this Section 3.7 and the terms of this Agreement shall remain in full force and effect for the continued Development of those SDC Product(s). Upon termination under this Section 3.7, INNOVATIVE shall be entitled to proceed with the development of any Product(s) in the medical, dental and/or veterinary fields for human or animal health, in any way it sees fit; provided however, that INNOVATIVE shall not engage in the development and/or production of any Product(s) that is competitive with the continued Development of an SDC Product(s) under the terms of this Agreement and those Products that are the subject of active Third Party substantive discussions regarding its licensing or sale.
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Related to Minimum Development Performance Standard

  • Performance Standard Consultant represents and warrants that Services will be performed in a thorough and professional manner, consistent with high professional and industry standards by individuals with the requisite training, background, experience, technical knowledge and skills to perform Services.

  • Performance Standards The Custodian shall use its best efforts to perform its duties hereunder in accordance with the standards set forth in Schedule C hereto. Schedule C may be amended from time to time as agreed to by the Custodian and the Trustees of the Fund.

  • KEY PERFORMANCE INDICATORS (a) The Custodian and the Funds may from time to time agree to document the manner in which they expect to deliver and receive the services contemplated by this Agreement. The parties agree that any such key performance indicators (hereinafter referred to as “KPIs” or, individually as a “KPI”) shall be agreed upon in writing by the parties and shall be reflected in one or more schedules to this Agreement. The Custodian and the Funds acknowledge that any failure to perform in accordance with KPIs shall not in and of itself be considered a breach of contract that gives rise to contractual or other remedies provided that such failure may be a breach giving rise to contractual or other remedies if it is persistent and not remedied after consultation. Nothing in this Section 11 shall modify any party’s applicable standard of care under this Agreement; nor shall any meeting or discussion among the parties regarding KPIs be construed to prevent a party from pursuing any remedy otherwise available to it pursuant to this Agreement.

  • Annual Performance Bonus In the discretion of the Company's Compensation Committee, the Executive shall be eligible to receive an annual performance bonus payable in cash for each full or partial fiscal year of the Company during the Employment Period in accordance with the Company's performance-based bonus program for Executive Officers.

  • Performance Measure The number of Performance Shares earned at the end of the three-year Performance Period will vary depending on the degree to which cumulative adjusted earnings per share performance goals for the Performance Period, as established by the Committee, are met.

  • Service Levels (1) DTI shall perform the Services in accordance with the service levels (the "Service Levels") as may be agreed to from time to time in writing by DTI and the Funds (the "Service Level Agreement"). Failure to perform in a manner which equals or exceeds the Service Levels shall result in fee credits ("Fee Credits") or the Funds' right to terminate this Agreement, as set forth in the Service Level Agreement.

  • Commercial Milestones In partial consideration of the rights granted by AstraZeneca to Licensee hereunder, Licensee shall pay to AstraZeneca the following payments, which shall be non-refundable, non-creditable and fully earned upon the first achievement of the applicable milestone event:

  • Performance Tests Contractor shall perform Performance Tests in accordance with Section 11.2 of the Agreement and Attachment S.

  • Performance Review The Company will periodically review Executive’s performance on no less than an annual basis and will make adjustments to salary or other compensation, as they deem appropriate in their sole and absolute discretion.

  • Service Level Service Provider will classify incidents at its own discretion. Such classifications shall be consistent with the priorities Service Provider set for itself as a recipient of services. Incidents classified using this methodology will be triaged as documented in Attachment A.

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