Minimum Performance Requirement Sample Clauses

Minimum Performance Requirement. There shall be no issuance of Common Shares under the PERS Units unless total EBITDA for the Performance Period equals at least $90,000,000 (“Minimum Performance Requirement”). If the Minimum Performance Requirement is achieved, Shares may be issued to the Grantee provided that the threshold Performance Requirements are achieved for ROIC or EBITDA as set forth below.
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Minimum Performance Requirement. During the Services Term, Seller shall be required to deliver to Buyer Delivered Energy annually in each Contract Year in an amount equal to at least fifty-two percent (52%) of the MPR Base Amount of the Project (“Minimum Performance Requirement”). In each Contract Year of the Services Term if the amount of Delivered Energy delivered to Buyer at the Delivery Point from the Project pursuant to the terms of the Agreement (and giving credit to Seller for Deemed Generated Energy attributable for such Contract Year) is less than the Minimum Performance Requirement, Seller shall pay to Buyer an amount equal to $25 total per MWh for the deficit amount of Energy and associated RECs below the Minimum Performance Requirement. Damages payable by Seller to Buyer pursuant to the terms of this Section 3.15 for failure to meet the Minimum Performance Requirement shall be capped at $1,500,000 per year and $10,000,000 in the aggregate over the Services Term. Buyer shall have the right to terminate the Agreement pursuant to Section 12.2 in the event the amount of damages payable by Seller to Buyer pursuant to this Section 3.15 reaches the cumulative limit of $10,000,000 prior to the end of the Services Term, which such occurrence shall be deemed a Seller’s Event of Default.
Sample 1
Minimum Performance Requirement. Affiliate and Association acknowledge that if Affiliate's or Association's annual Enrollment Applications do not exceed FIFTY (50), or, in the case of an Association, if the Association's enrolled membership is not more than ONE HUNDRED (100), it is not economically viable for RCI to maintain the Affiliation, and this Agreement is likewise terminable at the sole option and discretion of RCI upon sixty (60) days notice to Affiliate and Association.
Sample 1
Minimum Performance Requirement. 10.1. You must introduce at least six (6) new Settled Loans each Calendar Month, or such other amount of Settled Loans as may be advised to you from time to time by Aussie in its absolute discretion.
Sample 1
Minimum Performance Requirement. A VIP could be designed to meet at least the minimum insulating requirements for the application throughout its functional life. Thus, a VIP would be over-designed, so that it would retain the minimum desired R-value at the end of its intended service life of the application. Panel Size Moisture and gases that degrade the insulating characteristics of a properly prepared VIP enter through two primary routes: the seal and the barrier film. The seal area is the more vulnerable path. Increasing the size of a panel can lessen the impact of seal leaks on the life of a panel. An increase in panel thickness increases the volume of core material, but the length of the panel seal remains unchanged. This means that the rate of moisture and gas infiltration through the seam should be unchanged but their impact on thermal resistance is diluted due to the greater volume of core material. The panel's thermal performance would decrease at a slower rate and the panel life would increase. Much the same can be said for increasing the length and/or the width of a panel, except that the seal length increases but not-at the same rate as the volume of core material. Although barrier films are not as susceptible to infiltration as the seal, they become more important in larger panels as the impact of the seal diminishes. Given this, more attention must be given to selecting a barrier film for them. Fabrication Quality Quality assurance in the fabrication of VIPs is of paramount importance to the life of the panel. Care must be taken in sealing the film so that the seals are not wrinkled. Also the barrier film must not be wrinkled, sharply bent or folded during fabrication. The INSTILL Core material is supplied with a subtle grid pattern imprinted on the surface to take up excess film material in the vacuum process to prevent wrinkling. VIP Component Choices Component choices are also important factors affecting panel life. The two primary components that will affect the life of the panel are desiccants and getters that will be incorporated into the panel and the barrier film. During the fabrication of VIPs, it is impossible to evacuate all of the residual gases from the panel. Desiccants and getters remove both residual gases and those gases that enter through the barrier film and the seal during the service life of the panel. Desiccants remove moisture, and more sophisticated and expensive adsorbents called getters are designed to remove molecules of atmospheric gases. Panels t...
Sample 1
Minimum Performance Requirement. Affiliate acknowledges that if Affiliate's annual RCI Member Enrollment Applications do not exceed fifty (50), it is not economically viable for RCI to maintain the Affiliation, and this Agreement is likewise terminable at the sole option and discretion of RCI upon sixty (60) days notice to Affiliate.
Sample 1
Minimum Performance Requirement. The Master Franchisee acknowledges and agrees that its performance under this Agreement will be measured, in part, by the capacity of IP Telephony provided by the Master Franchisee and its Franchisees during the Agreement Term as a result of the Master Franchisee's efforts in accordance with the Deployment/Performance Schedule set forth in Exhibit D. The Master Franchisee shall be relieved of its responsibilities with respect to the Deployment/Performance requirements in Exhibit D during any period of time in which Franchisor has not met its performance requirement as stated in Exhibit D.
Sample 1
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Minimum Performance Requirement. Association acknowledges that if its enrolled membership is not more than one hundred (100), it is not economically viable for RCI to maintain the Affiliation, and this Agreement is likewise terminable at the sole option and discretion of RCI upon sixty (60) days notice to Association.
Sample 1

Related to Minimum Performance Requirement

  • Performance Requirements 1. Neither Party may impose or enforce any of the following requirements, or enforce any commitment or undertaking, in connection with the establishment, acquisition, expansion, management, conduct or operation of an investment of an investor of a Party or of a non-Party in its territory:

  • Service Requirement Except as otherwise provided in Section 6(e) of the Plan or Section 2 of this Agreement, this Option may be exercised only while you continue to provide Service to the Company or any Affiliate, and only if you have continuously provided such Service since the Grant Date of this Option.

  • Service Requirements Grantee shall:

  • Minimum Purchase Requirements Distributor shall make the minimum annual purchase of Products established in Exhibit B, unless the Agreement has become coexclusive. In the period within the fixed term and extension, if applicable, of the Agreement under Section 10(a) subsequent to [ * ], the parties shall meet in San Francisco at least [ * ] prior to the beginning of each of respective year to discuss market conditions and appropriate minimum purchases for such year. In the event that the parties fail to agree on an appropriate minimum any year subsequent to [ * ], the minimum annual purchase requirement for such year shall be calculated increasing or decreasing (as the case may be) the minimum purchase requirement for the preceding year in proportion to the increase or decrease in the [ * ] (based on data from mutually acceptable data provider) of the applicable product in the Territory. In the event Supplier is unable to deliver Products ordered by Distributor in an amount consistent with the most recent forecast, then the minimum annual purchase requirement shall be reduced by the quantity of Products that Supplier is unable to deliver when requested. In the event Distributor fails in any year (a “Shortfall Year”) to make the annual minimum purchase of Agreement Products required by Exhibit B, Supplier shall have the right to give Distributor written notice of default, and if such failure to make the minimum purchase is not cured (through the purchase of an amount of Agreement Product equal to the entire shortfall in the Shortfall Year, which amount shall not be counted towards any minimum purchase requirements for the year of purchase) within [ * ] of receipt of the notice, then Supplier shall have the right, in Supplier’s sole discretion and as Supplier’s sole remedy for Distributor’s failure to meet the minimum purchase requirements hereunder, either to convert the appointment of Distributor from exclusive to non-exclusive or to terminate this Agreement. In the event of either conversion to non-exclusive or termination of this Agreement pursuant to this Section 3(e), the Supplier shall pay Distributor a conversion fee equal to [ * ], and Distributor shall transfer all Regulatory Approvals relating to BMS or DES in the Territory to Supplier.

  • Performance Standard Contractor shall perform all work hereunder in a manner consistent with the level of competency and standard of care normally observed by a person practicing in Contractor's profession. County has relied upon the professional ability and training of Contractor as a material inducement to enter into this Agreement. Contractor hereby agrees to provide all services under this Agreement in accordance with generally accepted professional practices and standards of care, as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of Contractor’s work by County shall not operate as a waiver or release. If County determines that any of Contractor's work is not in accordance with such level of competency and standard of care, County, in its sole discretion, shall have the right to do any or all of the following: (a) require Contractor to meet with County to review the quality of the work and resolve matters of concern; (b) require Contractor to repeat the work at no additional charge until it is satisfactory; (c) terminate this Agreement pursuant to the provisions of Article 4; or (d) pursue any and all other remedies at law or in equity.

  • Minimum Requirements Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subconsultants. Consultant shall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:

  • Performance Conditions The Shares shall be issuable only if (and to the extent) that the Performance Criteria, set forth herein, are satisfied during the Performance Period. The Controller of the Company and the Compensation Committee of the Board of Directors of the Company shall certify whether, and to what extent, the Performance Criteria have been achieved. If the minimum performance is not met, no Shares shall be issued and the Award shall be forfeited.

  • Vesting Requirements The vesting of this Award (other than pursuant to accelerated vesting in certain circumstances as provided in Section 3 below or vesting pursuant to Section 6 below) shall be subject to the satisfaction of the conditions set forth in each of subsections A and B, as applicable, and, in each case, subsection C of this Section 2:

  • Performance Condition Notwithstanding the vesting schedule stated in the Award Notification, your Restricted Stock Units shall not vest unless the Company achieves positive Adjusted Net Earnings in any fiscal year during the term of the Award. “Adjusted Net Earnings” means net earnings determined in accordance with GAAP as publicly reported by the Company for a fiscal year, adjusted to eliminate the following: (1) the cumulative effect of changes in GAAP; (2) gains and losses from discontinued operations; (3) extraordinary gains or losses; and (4) any other unusual or nonrecurring gains or losses which are separately identified and quantified, including merger related charges. 

  • Minimum Condition Section 1.1(a).........................................2

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