Minimum Performance Requirements. 5.1. Licensee shall use its best efforts to effect introduction of Licensed Technology into the commercial market as soon as possible; thereafter, until the expiration of this Agreement, Licensee shall keep Licensed Technology reasonably available to the public. For the purpose of clarity, “best efforts” means Licensee shall achieve the milestones listed in Section 5.2 below.
Minimum Performance Requirements. Listed below are the minimum performance requirements for efforts and/or technologies funded under this Agreement. NYSERDA will consider written requests for modifications to the minimum requirements, however modifications are subject to NYSERDA review and approval. The Contractor may propose a project based on previous design efforts, but the project must meet the Minimum Performance Requirements. Implementation or installation must occur after approval of the design. Previous design services, installed, or implemented measures or project elements will not be funded under this Contract. The NYSERDA Project Manager will schedule routine conference calls to ensure the project is on track and meet the required guidelines. Project Component: Building Upgrades Requirements for this component: The funding may be used for the following purposes: • Measures that are recommended in a NYSERDA Clean Energy Communities (CEC) Energy Study including: • Lighting upgrades and lighting controls - indoor and outdoor • High-efficiency motors, motor controls, variable speed drives • Heating, ventilation & air conditioning (HVAC) improvements: central boiler / chiller plant replacement • Building shell • Energy management / building management systems (EMS/BMS) • Demand Control Ventilation • Solar thermal • Water and Wastewater Treatment Process Improvements The building, facility, and installed equipment must be owned by the Contractor. NYSERDA will only pay for the cost of the project, after incentives, and reserves the right to withhold payments until confirmed. The Contractor may determine which eligible upgrades to implement provided the upgrades are recommended in an CEC Energy Study.
Minimum Performance Requirements. 8.1 The rights granted in clause 7.1 and 7.2 will automatically terminate and the rights in the Play will revert to the Writer at the end of the relevant year if:
Minimum Performance Requirements. It is understood and agreed by the parties that the following shall be defined as the "Minimum Performance Requirements":
Minimum Performance Requirements. Distributor is required to achieve the following minimum sales requirements: (i) $[*] in Gross Sales during the Term of this Agreement; and (ii) an additional $[*] in Gross Sales during each year in each renewal term. Licensor shall not be permitted to terminate this Agreement solely due to Distributor’s failure to meet these minimum sales requirements but Licensor may prohibit Distributor from entering into a renewal term if Distributor fails to meet these minimum sales requirements. Notwithstanding the foregoing, Distributor may terminate this Agreement upon 30 days advance written notice to Licensor if Distributor does not generate: (i) at least $[*] in Gross Sales in the first [*] of the Term; or (ii) at least $[*] in Gross Sales in the first 30 months of the Term. Notwithstanding any other provision in this Agreement, if this Agreement is terminated under this Section 11, Distributor is released from all further performance or payment obligations other than payment of any remaining installment of the License Fee for the Term and any obligations that survive the termination or expiration of this Agreement. The Parties agree to cooperate in good faith to allow Distributor to withdraw from the business without injury to any of its Customers.
Minimum Performance Requirements. Company may require Dealer to achieve minimum performance requirements related to Dealer’s Subscriber activations, Subscriber churn, and average revenue per Subscriber within an individual market or within the Area, as set forth in the Dealer Policies. Company may add additional minimum performance requirements, or modify existing minimum performance requirements in any way with 30 days advance written notice to Dealer. Dealer’s failure to achieve the applicable minimum performance requirements in any individual market or in the Area may result in termination of Dealer’s authorization to operate in any individual market or in termination of this Agreement, or in making Dealer ineligible for certain compensation, as set forth in the Dealer Policies.
Minimum Performance Requirements. Listed below are the minimum performance requirements for efforts and/or technologies funded under this Agreement. NYSERDA will consider written requests for modifications to the minimum requirements, however modifications are subject to NYSERDA review and approval. The Contractor may propose a project based on previous design efforts, but the project must meet the Minimum Performance Requirements. Implementation or installation must occur after approval of the design. Previous design services, installed, or implemented measures or project elements will not be funded under this Contract. The NYSERDA Project Manager will schedule routine conference calls to ensure the project is on track and meet the required guidelines.
Minimum Performance Requirements. The inspection system provided must meet the following minimum performance requirement for rail flaw detection irrespective of the rail type tested, excluding severe surface fatigue or rusted rail. The system must comply with Authority Engineering Track Maintenance and Engineering Instructions and with FRA Track Safety Standards 49 CFR Part 213.237. The Contractor must communicate an invalid test due to rail surface conditions immediately. This confirmation will be communicated to the xxxxxxx or supervisor in charge, to include why a "NO TEST" has been issued. Once a "NO TEST" is issued, all efforts must be made by the rail test operator to ensure that a valid test can be conducted. If, after exhausting all efforts, it is deemed that a valid test cannot be conducted then the contract policy is to instruct the Contractor’s chief operator to contact the Authority's Deputy Director, Track and Structures, by phone within 12 hours and to make written notification to the Authority within 24 hours. This will allow the Authority to investigate and perhaps resolve the problem(s) before the vehicle advances to the next subdivision. These instructions regarding FRA 49 CFR Part 213.237 apply to all FRA classes of track on the Service Property.
Minimum Performance Requirements. As a Full Time or a Part Time Banker your ongoing relationship with TMG is based upon the mutual expectation that you will conduct through, or refer to TMG at least one M&A engagement within two years of the Effective Date and one M&A engagement each year thereafter. If you do not satisfy such requirement we will with you, review our relationship in order to determine if it is mutually beneficial to continue.
Minimum Performance Requirements. (a) The Partner must refer a minimum of 5 active customers within a calendar month period of being approved for the program, or other minimum amount as may be specified by GP’s program.
