Performance Acceptance Sample Clauses

Performance Acceptance. The Performance Evaluation Period shall be subject to any postponements due to (i) Force Majeure or (ii) delays attributable to Metawave. In the event that the Performance Evaluation Period has not been begun within thirty (30) days after the date the Initial Commercial Products are delivered to Crown and such delay is not due to an event of Force Majeure, a Metawave Event of Default or any other act or omission of Metawave, the Exclusivity Period (as defined in section 8.3 hereof) will be reduced by a number of days equal to the number of days of delay that come to pass after the 30th day of delay. If the Performance Evaluation Period has not begun within sixty (60) days after the date the Initial Commercial Products are delivered to Crown and such delay is not due to an event of Force Majeure, a Metawave Event of Default or any other act or omission of Metawave, the Exclusivity Period (as defined in section 8.3 hereof) will be cancelled in its entirety and no additional extensions of the Exclusivity Period (as set forth in section 8.3.1) shall be available to Crown. Upon satisfaction of the Product Performance Criteria at any time during the Performance Evaluation Period, Crown and Metawave shall execute a certificate of Performance Acceptance (in the form set forth in Exhibit C). If Performance Acceptance has been certified, to the extent that there are no uncured Events of Default by either Party, both Parties will perform their obligations under the Initial Order and Metawave shall issue an invoice to Crown for the amount due on the Initial Commercial Products, which amount will be based on the Purchase Prices set forth in Exhibit D. In the event that Performance Acceptance has not been certified by the end of the Performance Evaluation Period, due to an Event of Default by Metawave or an act or omission of Metawave, Metawave shall incur an incremental late fee that will be assessed at the beginning of each week after the end of the Performance Evaluation Period and calculated as a percentage of the value of the Initial Order, subject to any changes made to the Initial Order within five (5) business days following the ICP Confirmation Date, as follows: [***] As an example, if Performance Acceptance occurs at any time during the sixth week after the end of the Performance Evaluation Period, Metawave shall be assessed a late fee equal to [***] of the value of the Initial Order, subject to any changes made to the Initial Order within five (5) business da...
Sample 1
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Performance Acceptance. A.6.1. To deliver to the Town a Certificate from the Owner's Professional Engineer certifying that all municipal services have been constructed and installed in accordance with the Drawings and Specifications approved by the Town’s Manager of Operations.
Sample 1
Performance Acceptance. 10.2.1. CDPH agreement representative acceptance of performance must be based upon the following:
Sample 1
Performance Acceptance. 43 12.3 OPERATING INFRASTRUCTURE TEST.......................................................... 44 13 EXHIBIT 6-A: PILOT PROCESS PLAN.................................................................... 45 14 Exhibit 6-B: Additional Development Process Deliverables.................................... 46 15 Exhibit 6-C: Example Deliverables................................................................................ 51 Confidential 7/24/02 1 SERVICES AGREEMENT This Agreement (“Services Agreement”) is made the last date of execution (the “Effective Date”) hereunder by and among BRW Acquisition, Inc. a Delaware Corporation as the parent company of Insurance Data Systems, G.P. (“IDS”), a Florida general partner with its principal office located in Davie, Florida, collectively referred to as the Bristol West Insurance Group (“BWIG”), and FireMark Partners, LLC (“FireMark”), a Delaware limited liability company with its principal office located in Newton, Massachusetts.
Sample 1
Performance Acceptance. 1. Set up the Load-Test environment as defined in Task #1 of Exhibit 5-A.
Sample 1
Performance Acceptance. The core functions of the system must fulfill the following targets: The processing ability of a single server must be more than 30 billion times; Data of fraudulent clicks must be screened effectively; The ability to display the processed online information in each day must reach more than 10 billion times.
Sample 1

Related to Performance Acceptance

  • PARTICIPANT’S ACCEPTANCE The undersigned hereby accepts the foregoing Option and agrees to the terms and conditions hereof, including the terms and provisions of the 2021 Equity Incentive Plan. The undersigned hereby acknowledges receipt of a copy of the Company’s 2021 Equity Incentive Plan. PARTICIPANT EXHIBIT A NOTICE OF EXERCISE OF OPTION I hereby exercise the stock option (the “Option”) granted to me by HV Bancorp, Inc. (the “Company”) or its affiliate, subject to all the terms and provisions set forth in the Stock Option Agreement (the “Agreement”) and the HV Bancorp, Inc. 2021 Equity Incentive Plan (the “Plan”) referred to therein, and notify you of my desire to purchase shares of common stock of the Company (“Common Stock”) for a purchase price of $ per share. I elect to pay the exercise price by: ___ Cash or personal, certified or cashier’s check in the sum of $ , in full/partial payment of the purchase price. ___ Stock of the Company with a fair market value of $ in full/partial payment of the purchase price.* ___ A net settlement of the Option, using a portion of the shares obtained on exercise in payment of the exercise price of the Option (and, if applicable, any required tax withholding). ___ Selling shares from my Option shares through a broker in full/partial payment of the purchase price. I understand that after this exercise, shares of Common Stock remain subject to the Option, subject to all terms and provisions set forth in the Agreement and the Plan. I hereby represent that it is my intention to acquire these shares for the following purpose: ___ investment ___ resale or distribution Please note: if your intention is to resell (or distribute within the meaning of Section 2(11) of the Securities Act of 1933) the shares you acquire through this Option exercise, the Company or transfer agent may require an opinion of counsel that such resale or distribution would not violate the Securities Act of 1933 prior to your exercise of such Option. Date: , . Participant’s signature

  • Grantee Acceptance Grantee shall signify acceptance of the terms and conditions of this Agreement by signing in the space provided at the end hereof and returning a signed copy to the Company.

  • Product Acceptance Unless otherwise provided by mutual agreement of the Authorized User and the Contractor in the Authorized User Agreement, Authorized User(s) shall have sixty (60) days from the date of delivery to accept all Product. Where the Contractor is responsible for installation, acceptance shall be from completion of installation. Title or other property interest and risk of loss shall not pass from Contractor to the Authorized User until the Products have been accepted. Failure to provide notice of acceptance or rejection or a deficiency statement to the Contractor by the end of the period provided for under this clause constitutes acceptance by the Authorized User(s) as of the expiration of that period. The License Term shall be extended by the time periods allowed for trial use, testing and acceptance unless the Commissioner or Authorized User agrees to accept the Product at completion of trial use. Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User shall have the option to run testing on the Product prior to acceptance, such tests and data sets to be specified by User. Where using its own data or tests, Authorized User must have the tests or representative set of data available upon delivery. This demonstration will take the form of a documented installation test, capable of observation by the Authorized User, and shall be made part of the Contractor’s standard documentation. The test data shall remain accessible to the Authorized User after completion of the test. In the event that the documented installation test cannot be completed successfully within the specified acceptance period, and the Contractor or Product is responsible for the delay, Authorized User shall have the option to cancel the order in whole or in part, or to extend the testing period for an additional thirty

  • Engagement; Acceptance The Issuer engages Xxxxxxx Fixed Income Services LLC to act as the Asset Representations Reviewer for the Issuer. Xxxxxxx Fixed Income Services LLC accepts the engagement and agrees to perform the obligations of the Asset Representations Reviewer on the terms in this Agreement.

  • Order Acceptance All orders are subject to acceptance only at Seller’s facility in Farmington, Connecticut. These Terms of Sale shall be deemed accepted by Buyer upon Seller’s receipt of Purchase Order from Buyer. No condition stated by Buyer shall be binding upon Seller if in conflict with, inconsistent with or in addition to the Terms of Sale, unless expressly accepted in a writing signed by Seller. In the event of conflict or differences in the terms or conditions of Buyer’s Purchase Order and the Terms of Sale herein, the Terms of Sale shall govern.

  • Trustee’s Acceptance The Trustee hereby accepts this Supplemental Indenture and agrees to perform the same under the terms and conditions set forth in the Indenture.

  • 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. 

  • Participant Acceptance Participant must accept the terms and conditions of this Agreement either electronically through the electronic acceptance procedure established by the Company or through a written acceptance delivered to the Company in a form satisfactory to the Company. In no event shall any Shares be issued (or other securities or property distributed) under this Agreement in the absence of such acceptance.

  • Discretionary Nature and Acceptance of Award By accepting this Award, you agree to be bound by the terms of this Agreement and acknowledge that:

  • Deemed Acceptance You are required to accept the terms and conditions set forth in this Agreement prior to the first vest date in order for you to receive the Award granted to you hereunder. If you wish to decline this Award, you must reject this Agreement prior to the first vest date. For your benefit, if you have not rejected the Agreement prior to the first vest date, you will be deemed to have automatically accepted this Award and all the terms and conditions set forth in this Agreement. Deemed acceptance will allow the shares to be released to you in a timely manner and once released, you waive any right to assert that you have not accepted the terms hereof.

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