Minimum Performance Functionality Sample Clauses

Minimum Performance Functionality. During the Term of the Agreement, WORLDSPAN agrees to provide the same or comparable significant functionality tools and features (such as a ticketless functionality) as other computer reservation systems. So long as WORLDSPAN complies with the foregoing, Microsoft agrees that it will maintain during the Term of the Agreement, on a calendar quarterly basis, at least the same or greater (but in no event [*] CRS booking share from Expedia on the WORLDSPAN System than it maintains on any other CRS (“Minimum Commitment”). At any time after Microsoft enters into an agreement with another CRS for Expedia, Microsoft shall provide WORLDSPAN with a quarterly report that details bookings made by Expedia users. In the event Microsoft does not maintain at least the Minimum Commitment CRS booking share from Expedia on the WORLDSPAN System, [*] = Confidential treatment requested for redacted portion; redacted portion has been filed separately with the Commission. the amounts otherwise payable to Microsoft pursuant to Appendix 1 shall be reduced by [*] For purposes of this Section only, the term “CRS” shall mean the following entities and their successors: Sabre, Galileo, Abacus, Amadeus, and Infini. All other terms not expressly amended herein shall remain in full force and effect as set forth in the Agreement. The Agreement, as amended hereby, shall remain in effect for the remainder of the term set forth in Section 7. Microsoft Corporation WORLDSPAN, L.P. /s/ Xxxxxxx Xxxxxx Xxxxxxx X. Xxxxxxxx By By Xxxxxxx Xxxxxx Xxxxxxx X. Xxxxxxxx Name (Print) Name (Print) Gen. Mgr. Travel Group Co-Chief Executive Officer Title Title 7/20/99 July 16, 1999 Date Date [*] = Confidential treatment requested for redacted portion; redacted portion has been filed separately with the Commission.
AutoNDA by SimpleDocs
Minimum Performance Functionality. From the Effective Date of this Amendment through September 30, 1999, WORLDSPAN agrees to provide the same or comparable significant functionality tools and features (such as a ticketless functionality) as other computer reservation systems. So long as WORLDSPAN complies with the foregoing, MICROSOFT agrees that it will maintain from the Effective Date of this Amendment through September 30, 1999; on a calendar quarterly basis, at least [*] CRS booking share from Expedia North America on the WORLDSPAN System. At any time after MICROSOFT enters into an agreement with another computer reservation system for [*], MICROSOFT shall provide WORLDSPAN with a quarterly report that details bookings made by Expedia North American users. In the event MICROSOFT does not maintain at least a [*] CRS booking share from Expedia North America on the WORLDSPAN System, the amounts otherwise payable to MICROSOFT pursuant to Section 5 of this Amendment and Appendix 1 shall be reduced by [*].
Minimum Performance Functionality. From the Effective Date of --------------------------------- this Amendment through September 30, 1999, WORLDSPAN agrees to provide the same or comparable significant functionality tools and features (such as a ticketless functionality) as other computer reservation systems. So long as WORLDSPAN complies with the foregoing, MICROSOFT agrees that it will maintain from the Effective Date of this [*] The redacted portion, indicated by this symbol, is the subject of a confidential treatment request. Amendment through September 30, 1999; on a calendar quarterly basis, at least [*] CRS booking share from Expedia North America on the WORLDSPAN System. At any time after MICROSOFT enters into an agreement with another computer reservation system for [*], MICROSOFT shall provide WORLDSPAN with a quarterly report that details bookings made by Expedia North American users. In the event MICROSOFT does not maintain at least a [*] CRS booking share from Expedia North America on the WORLDSPAN System, the amounts otherwise payable to MICROSOFT pursuant to Section 5 of this Amendment and Appendix 1 shall be reduced by [*].

Related to Minimum Performance Functionality

  • Performance Levels (a) The Performance Levels which apply to the performance by the respective Parties of their obligations under this Agreement are set out in Part 1 of Schedule 5. A failure by either Party to achieve the relevant Performance Level will not constitute a breach of this Agreement and the only consequences of such failure as between the Parties shall be the consequences set out in this Clause 5.6. (b) If the Operator does not comply with the Operator Performance Level then the Access Holder must pay to QR Network the amount determined in accordance with Schedule 5 as part of the invoice issued by QR Network for Access Charges and other charges for the Billing Period immediately following QR Network becoming entitled to that amount. Where there is no next Billing Period, the Operator must pay such amount to QR Network within fourteen (14) days after receipt of a Tax Invoice from QR Network. (c) If QR Network does not comply with the QR Network Performance Level then QR Network will credit to the Access Holder the amount determined in accordance with Schedule 5 by way of a deduction from the invoice issued by QR Network for Access Charges and other charges for the Billing Period immediately following the Access Holder becoming entitled to that amount. Where there is no next Billing Period, QR Network must pay such amount to the Access Holder within fourteen (14) days after receipt of a Tax Invoice from the Access Holder. (d) The Parties must, if requested by either Party, meet to review the Performance Levels subject to such review not occurring within six (6) Months after the Commitment Date or any previous review of the Performance Levels. If either Party notifies the other that it considers that the Performance Levels are no longer appropriate, the Parties may agree on varied Performance Levels and any associated variations to the Agreement including the Base Access Charges and the Train Service Description. If the Parties are unable to agree to such variations, then the existing Performance Levels shall continue to apply unless varied by QR Network in accordance with the provisions of Clause 5.6(e). (e) In the event that the Access Holder and/or the Operator (i) does not comply in any material respect with the Train Service Description; and (ii) the Access Holder fails to demonstrate to the reasonable satisfaction of QR Network when requested to do so, that the Access Holder will consistently comply with the Train Service Description for the remainder of the Term then, following consultation with the Access Holder, QR Network will be entitled to: (iii) vary the Train Service Description to a level it reasonably expects to be achievable by the Access Holder for the remainder of the Term having regard to the extent of previous compliance with the Train Service Description (ignoring, for the purpose of assessing previous compliance, any non-compliance to the extent that the non-compliance was attributable to a Railway Operator (other than the Access Holder) or to QR Network); and (iv) vary the Agreement (including, without limitation, the Operator Performance Level and the Base Access Charges) to reflect the impact of the change in the Train Service Description. (f) The Access Holder shall be entitled to dispute any variation proposed by QR Network pursuant to Clause 5.6(e) and such dispute will be referred to an expert for resolution in accordance with Clause 17.3.

  • Performance Measure Grantee will adhere to the performance measures requirements documented in

  • Registry Performance Specifications Registry Performance Specifications for operation of the TLD will be as set forth in Specification 10 attached hereto (“Specification 10”). Registry Operator shall comply with such Performance Specifications and, for a period of at least one (1) year, shall keep technical and operational records sufficient to evidence compliance with such specifications for each calendar year during the Term.

  • Ongoing Performance Measures The Department intends to use performance-reporting tools in order to measure the performance of Contractor(s). These tools will include the Contractor Performance Survey (Exhibit H), to be completed by Customers on a quarterly basis. Such measures will allow the Department to better track Vendor performance through the term of the Contract(s) and ensure that Contractor(s) consistently provide quality services to the State and its Customers. The Department reserves the right to modify the Contractor Performance Survey document and introduce additional performance-reporting tools as they are developed, including online tools (e.g. tools within MFMP or on the Department's website).

  • Performance Standard The Department’s Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department’s Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly.

  • Performance Targets Threshold, target and maximum performance levels for each performance measure of the performance period are contained in Appendix B.

  • Performance Expectations The Charter School’s performance in relation to the indicators, measures, metrics and targets set forth in the CPF shall provide the basis upon which the SCSC will decide whether to renew the Charter School’s Charter Contract at the end of the charter term. This section shall not preclude the SCSC from considering other relevant factors in making renewal decisions.

  • Service Levels All service level requirements will be set forth in Exhibit A (“XXXX.xxx Referral Service Level Requirements”). Recipient Xxxxxx agrees to adhere, and encourage Recipient Agent’s adherence, with the version of the XXXX.xxx Referral Service Level Requirements in effect at the time XXXX.xxx identifies the Referral to Recipient Broker/Agent.

  • Performance Excused The Affected Party, to the extent rendered unable to perform its obligations or part thereof under this Agreement as a consequence of the Force Majeure Event shall be excused from performance of the obligations. Provided that, the excuse from performance shall be of no greater scope and of no longer duration than is reasonably warranted by the Force Majeure Event. Provided further, nothing contained herein shall absolve the Affected Party from any payment obligations accrued prior to the occurrence of the underlying Force Majeure Event.

  • Metrics Institutional Metrics System-Wide Metrics

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!