Nexus performance Sample Clauses

Nexus performance. In the event that, in any Charging Period, there are Minutes Delay under this contract which are either:
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Nexus performance. (a) In the event that, in any Charging Period, there are Minutes Delay under this contract which are either: (i) Attributable to Nexus (MSN); or (ii) Attributable to both the Train Operator and Nexus (MSN) and which are allocated to Nexus, (the total being the "Combined Nexus Minutes Delay") and, in consequence of the Combined Nexus Minutes Delay, the Train Operator causes ‘Minutes Delay’ to any ‘Third Party Train’ (each such term as defined in the Network Rail Track Access Agreement) which are attributable to the Train Operator or allocated to the Train Operator under the Network Rail Track Access Agreement (which for the purposes of this contract is the "Consequential Third Party Delay"), then Nexus shall be liable to the Train Operator in respect of any Performance Sums (as defined in the Network Rail Track Access Agreement) relating to that Consequential Third Party Delay (any such sum being a Performance Sum for the purposes of this contract, as calculated in accordance with this paragraph 6.2 of Schedule 8). Nexus is not liable to the Train Operator for any Performance Sum to the extent that the Consequential Third Party Delay is due to Minutes Delay under this contract which are either: (iii) Attributable to the Train Operator (MSN); or (iv) Attributable to both the Train Operator and Nexus (MSN) and which are allocated to the Train Operator, (the total being the "Combined Train Operator Minutes Delay"). In the event that there is any increase to the length of delay to a Service from the point at which a Service enters the Network Rail network, such increase shall be allocated in the same proportions as between the underlying Combined Nexus Minutes Delay and Combined Train Operator Minutes Delay. (b) It is agreed by the parties that the liability of Nexus for a Performance Sum shall not include any sums that are due to ‘Minutes Delay’ attributed to any ‘Third Party Train’ (each such term as defined in the Network Rail Track Access Agreement) other than the Combined Nexus Minutes Delay. (c) In the event that the Train Operator seeks to recover a Performance Sum from Nexus, the Train Operator shall notify Nexus in writing the amount of any Performance Sum that is due to the Train Operator, as soon as reasonably practicable, together with: (i) the relevant information concerning the Consequential Third Party Delay (including any applicable statements prepared pursuant to Appendix 3 (Performance Statements) of the Network Rail Track Access Agreement); a...
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Related to Nexus performance

  • Services Performance All services are performed using generally recognized commercial practices and standards. Customer agrees to provide prompt notice of any such service concerns and HP will re-perform any service that fails to meet this standard.

  • School Performance The School shall achieve an accountability designation of Good Standing or Honor on each of the three sections of the Performance Framework. In the event the School is a party to a third party management contract which includes a deficit protection clause, the School shall be exempt from some or all measures within the financial portion of the Performance Framework. In accordance with Charter School Law, the Authorizer shall renew any charter in which the public charter school met all of the terms of its performance certificate at the time of renewal.

  • Excused Performance 6.1 Notwithstanding the occurrence of a Force Majeure Event, in which case Clause 17 will govern, BT will not be liable for any failure or delay to perform any of its obligations under this Agreement (including any of its obligations to meet any Service Levels) to the extent that BT’s failure or delay in performing arises as a result of: 6.1.1 any failure or delay by the Customer to perform any of the Customer’s obligations under this Agreement; 6.1.2 any act or omission other than on the part of a BT Affiliate or a subcontractor or supplier appointed by it unless that BT Affiliate, subcontractor or supplier has invoked their force majeure rights under their contract with BT; or 6.1.3 Applicable Law, a court order, an application for interlocutory relief or injunction restricting or preventing BT from supplying a Service.

  • Seller’s Performance All of the covenants and obligations that Seller is required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), shall have been duly performed and complied with in all material respects.

  • Work Performance Xxxxxx agrees that all Services performed hereunder shall be performed on a best effort basis by employees, students, faculty, graduate assistants and staff having an appropriate experience and skill level and in compliance with the statement of work.

  • CONTRACTOR’S PERFORMANCE 2.21.1 Contractor shall make citizen satisfaction a priority in providing services under this Agreement. Contractor shall train its employees to be customer service-oriented and to positively and politely interact with citizens when performing contract services. Contractor’s employees shall be clean, courteous, efficient, and neat in appearance and committed to offering the highest quality of service to the public. If, in the Director’s opinion, Contractor is not interacting in a positive and polite manner with citizens, he or she shall direct Contractor to take all remedial steps to conform to these standards

  • Lawful Performance Vendor shall abide by all Federal, State and Local Laws, Ordinances, Regulations, and Statutes as may be related to the performance of duties under this agreement. In addition, all applicable permits and licenses required shall be obtained by the vendor, at vendor’s sole expense.

  • Full Performance The Owner and the Contractor hereby agree to the full performance of the Contract Documents.

  • Continuing Performance (a) The obligations under this Agreement continue until satisfied in full and do not merge with any action performed or document executed by any Party for the purposes of performance of this Agreement. (b) Any representation in this Agreement survives the execution of any document for the purposes of, and continues after, performance of this Agreement. (c) Any indemnity given by any Party under this Agreement: (i) constitutes a liability of that Party separate and independent from any other liability of that Party under this Agreement or any other agreement; and (ii) survives and continues after performance of this Agreement.

  • Buyer’s Performance All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), shall have been performed and complied with in all material respects.

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