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. Requirements for this component: • NYSERDA will only pay for the cost of the project, after incentives, and reserves the right to withhold payments until confirmed. • Land leases and power purchase agreements where the solar array(s) is owned by a third party are not eligible. • NYSERDA payment shall not exceed $6.00 per watt for rooftop and ground mounted systems, and $10.00 per watt for carport projects. • Project shall have a Total Solar Resource Fraction (TSRF) of no less than 70 as per the approved Shading Report submitted with the NY-Sun Application. • Projects must participate in the NY Sun Program, if available. • Equipment must be in continuous use for a period of at least four (4) years. Requirements for this component: • The vehicle shall be a new battery electric vehicle • Vehicles shall be purchased and owned by the municipality, not leased • Vehicles must not be manufactured for use primarily on public streets, roads, and highways • NYSERDA will only pay for the cost of the project, after incentives, and reserves the right to withhold payments until confirmed. Requirements for this component: • The vehicle shall be a new battery electric vehicle. • Vehicles shall be purchased and owned by the municipality, not leased. • The vehicle may include a wrap or decal. If a wrap or decal is included, the design must be approved by NYSERDA. • Vehicles must be manufactured for use primarily on public streets, roads, and highways and have a maximum speed capability of at least fifty-five miles per hour. • NYSERDA will only pay for the cost of the project, after incentives, and reserves the right to withhold payments until confirmed. Requirements for this component: • The landscaping equipment must be new plug-in or battery electric equipm...
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:
(a) fewer than 26 performances of the Play (including not more than five previews) are given in the year commencing on the date of the First Performance or any subsequent year starting on the anniversary of the First Performance; or
(b) the First Performance is not given within a period of one year from payment of the Acquisition Fee, or in the case of a non-commissioned Play the Total Fee, unless the Theatre extends this period under clause 8.2.
8.2 The Theatre may extend the one year period in clause 8.1(b) for giving the First Performance for up to two successive periods of six months upon payment of the Extension Fee set out in Schedule 3 for each such period. If an extension is required, the Theatre will pay the Extension Fee before expiry of the initial one year period or the first six month extension as relevant.
8.3 Extension Fees shall be deemed fees not advances and shall not be offset against the Royalty.
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. 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.
5.2. Licensee shall achieve the following milestones:
(i) Submission of a business plan to Carnegie Mellon, by [* * *]
(ii) Initial funding of $250,000 (including grants) attained by [* * *]
(iii) Initial product specification developed and preliminary market testing for a Licensed Product for each invention listed in Attachment A completed by [* * *]
(iv) Minimum development of a Licensed Product during the periods specified below:
a) From Effective Date until Year ending [* * *] = [* * *] in financing, and [* * *]
b) From Effective Date until Year ending [* * *] = [* * *] in financing, and [* * *]
c) From Effective Date until Year ending [* * *] = [* * *] in financing, [* * *], and a [* * *]
(v) Minimum Revenues during the periods specified below:
a) From Effective Date until Year ending [* * *] = [* * *]
b) From Effective Date until Year ending [* * *] = [* * *]
5.3. Licensee’s failure to perform in accordance with Sections 5.1 or 5.2 herein shall be grounds for Carnegie Mellon to a) terminate this Agreement pursuant to Section 11.2 herein, b) terminate the license granted to any invention listed in Attachment A, or b) terminate the exclusivity of the license to any invention listed in Attachment A (by amending the word “exclusive” in the related license grant to read “non-exclusive”). However, Licensee may obtain one [* * *] extension to meet each milestone by payment of [* * *] to Carnegie Mellon.
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. 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. 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. 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 in accordance with Section 10 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. For purposes herein, the “Adjustment Amount” is the total Gross Sales by Licensor (including sales through [*]) to the Key Customers, but in no event less than $[*] (regardless of actual Gross Sales), and in no event greater than $[*]. Distributor is required to achieve the following minimum sales requirements: (i) $[*] in Gross Sales less the Adjustment Amount during the Term of this Agreement; and (ii) an additional $[*] in Gross Sales less the Adjustment Amount 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 [*] months of the Term; or (ii) at least $[*] in Gross Sales in the first [*] 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 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.
(b) Section 12.1 of the LDA is amended to read as follows:
Minimum Performance Requirements. PeopleSupport shall perform the Services in accordance with the following minimum performance requirements for all programs: Ø Inbound Voice SLAs On *** basis, PeopleSupport will *** received by PeopleSupport ***. Average agent occupancy will be ***. Average handle time (AHT) will be ***. AHT Call Calculation: *** time plus *** time plus *** the total *** of ***. Average Agent Occupancy Calculation: ***. Ø Inbound Email SLAs On a monthly basis, PeopleSupport shall process and/or respond *** for any given day ***. *** and, on average, eReps are required to complete at *** is based on *** specified in Appendix A of this SOW # 1, provided that there are always emails in the queue. Completed emails: ***. Ø Retention SLAs On a monthly basis, PeopleSupport shall retain customers as described. PeopleSupport will: o *** This document contains unpublished, confidential and proprietary information of PeopleSupport, Inc. and CxxxxxxxXxxx.xxx, Inc. No disclosure, duplication or use of any portion of the contents of these materials, for any purpose, may be made without the prior express written consent of the disclosing party. PEOPLESUPPORT o *** o *** Definitions: • ***. • Saved ***. • Not Saved ***. • ***. • Net Save Rate *** UNLESS OTHERWISE INDICATED, ALL RETENTION DATA COLLECTION AND RETENTION REPORTING WILL BE DONE *** ACCESS TO WHICH WILL BE PROVIDED TO PEOPLESUPPORT. Ø PeopleSupport assumes the above requested service level requirements are currently achieved by Client’s internal contact center. Ø As part of ramp-up, Client agrees to waive the Service Level adherence requirements for *** days following the initial live-date. Ø PeopleSupport is not responsible for delays in meeting the service levels arising from any Client provided telecommunication, software applications, materials, equipments or Client operational delays. Ø Current email service level targets are based on Client’s existing mix of email categories (e.g., Consumer Service, Consumer Question, and Cancellation). Material changes impacting the existing mix may impact PeopleSupport’s ability to maintain agreed upon service levels.
Minimum Performance Requirements. The Facilities shall meet or exceed the requirements of SWRCB.
