OPERATION PERFORMANCE Clause Samples
The Operation Performance clause sets out the standards and requirements for how contractual operations must be carried out. It typically details the expected level of service, timelines, and quality benchmarks that the performing party must meet during the execution of their duties. For example, it may require adherence to industry best practices or specify measurable performance indicators. The core function of this clause is to ensure that both parties have a clear understanding of performance expectations, thereby reducing disputes and promoting accountability throughout the contract term.
OPERATION PERFORMANCE. A. Operator agrees to provide the following information to Delta for each month during the Term of this Agreement on a daily basis within three (3) days after each day; provided, however, the information in sub-paragraph (iii) below shall be provided monthly within ten (10) days after the last day of each such month:
(i) The number of scheduled Delta Connection Flights that do not arrive at their scheduled destination prior to 15 minutes after their respective scheduled arrival times for such day. Operator understands that it is Delta's current goal that participants in the Delta Connection Program maintain a monthly percentage of on-time arrivals at [*]% of all flights flown or greater.
(ii) The completion rate (actual) of the Delta Connection Flights for such day. Operator understands that it is Delta's current goal that participants in the Delta Connection Program maintain a monthly completion rate (actual) of [*]% or greater.
(iii) The number of complaints per 1,000 passengers flown on Delta Connection Flights during such month. Operator understands that it is Delta's current goal that participants in the Delta Connection Program maintain a number of complaints at [*] per 1,000 passengers flown or lower.
B. In the event Operator fails to meet any of the standards set forth in Section 10(A), Operator agrees to discuss with Delta such performance and potential ways to improve such performance at Delta's request. Operator agrees to develop in consultation with Delta a written remedial plan designed to correct such failure and promptly implement any such written remedial plan.
OPERATION PERFORMANCE. A. Operator agrees to provide the following information (excluding sub-paragraphs (iv) and (v)) to Delta for each day during the Term of this Agreement within one (1) business day after the applicable day:
(i) The number of mishandled bags per 1,000 passengers (including, without limitation, international and non-revenue passengers) flown on Delta Connection Flights during such month. Operator understands that it is Delta’s current requirement, as of the Effective Date, that carriers in the Delta Connection Program maintain a number of mishandled bags as set forth on Schedule 10 attached hereto and made a part hereof.
(ii) The completion rate (actual) of the Delta Connection Flights during such month. Operator understands that it is Delta’s current requirement, as of the Effective Date, that carriers in the Delta Connection Program maintain a completion rate as set forth on Schedule 10 attached hereto and made a part hereof. For purposes of this Agreement, Delta Connection Flights operated with no revenue passengers or completed over four (4) hours late shall be considered as cancelled.
(iii) The number of scheduled Delta Connection Flights that do not arrive at their scheduled destination prior to 15 minutes after their respective scheduled arrival times during such month. Operator understands that it is Delta’s current requirement, as of the Effective Date, that carriers in the Delta Connection Program maintain a percentage of on-time arrivals as set forth on Schedule 10 attached hereto and made a part hereof.
(iv) Operator’s overall customer satisfaction rating as complied and reported by the Customer Satisfaction Monitor, or any successor thereto or replacement thereof. Operator understands that it is Delta’s current requirement, as of the Effective Date, that carriers * Confidential Treatment Requested in the Delta Connection Program maintain a customer satisfaction rating as set forth on Schedule 10 attached hereto and made a part hereof .
(v) The number of complaints per 1,000 passengers flown on Delta Connection flights during such month. Operator understands that it is Delta’s current requirement that carriers in the Delta Connection Program achieve a number of complaints per 1,000 passengers flown that is no more than the number as set forth on Schedule 10 attached hereto and made a part hereof.
B. If Delta is concerned about Operator’s performance in connection with any of the performance standards set forth in Section 10(A), Operator agrees to ...
OPERATION PERFORMANCE. Until the Completion Date, the Seller must:
(a) (operational activity) continue to carry on the Operation in the ordinary and usual course;
(b) (protection) perform any action within its power and control to maintain profitability and value of the Assets and the Operation;
(c) (Goodwill) maintain the current operational relationships and ▇▇▇▇▇▇▇▇;
(d) (grant an interest) not grant any interest in any Seller Intellectual Property Rights;
(e) (maintain Seller Intellectual Property Rights) not cancel or fail to renew any registration of any registered Seller Intellectual Property Rights; or
(f) do anything which materially prejudices the likelihood of Completion occurring