PERFORMANCE-BASED CONTRACTS ( Clause Samples

PERFORMANCE-BASED CONTRACTS (. Where a Player’s SPA is denoted as Performance-Based (via a check box‌ 562 in said SPA), the status of any such SPA shall be referred to herein as “Performance- 563 Based” and the SPAs themselves shall be referred to herein as “Performance-Based 564 Contracts” or “Performance-Based SPAs”.

PERFORMANCE-BASED CONTRACTS (. PBCs) 15.1 The University and staff may enter into PBCs with a threshold annual salary and loadings (including the cash value of any University- provided motor vehicle and employer superannuation contributions) of at least $182,000 (at Level E or above) or $125,000 (at HEW 10 or above). These threshold salary levels will be indexed in line with the salary increases made over the nominal life of this Agreement, provided that all PBCs entered into prior to the certification of this Agreement will remain valid under this clause if salary and loadings fall below the threshold during the life of this Agreement. 15.2 Where the University intends to offer a person a PBC it will provide the person with access to a copy of this Agreement and advise that he/she may elect to have a Representative negotiate the contract. 15.3 All provisions of this Agreement will apply to a PBC staff member except that the PBC:the provisions of this Agreement relating to redeployment, redundancy, consultation about change, discipline, unsatisfactory performance, research misconduct, performance management, salary packaging, grievance, the accrual of annual leave, the application (or taking) of annual leave, annual leave loading, salary increases, overtime/TOIL, termination of employment and/or mode of employment, continuing (contingent funded) employment and/or fixed term notice, renewal and severance. Provided that the minimum leave entitlements, termination and notice provisions will be in accordance with the provisions of the Fair Work Act 2009. (a) may set out key performance criteria or targets, which must be met within defined timeframes or circumstances. (b) may vary or override provisions relating to redeployment, redundancy, consultation about change, discipline, unsatisfactory performance, research misconduct, performance management, salary packaging, grievance, the accrual of annual leave, the application (or taking) of annual leave, annual leave loading, salary increases, termination of employment and/or mode of employment. Provided that the minimum leave entitlements, termination and notice provisions will be in accordance with the provisions of the Fair Work Act 2009. 15.4 A PBC may set out performance criteria or targets, which must be met within defined timeframes or circumstances.

PERFORMANCE-BASED CONTRACTS (. There are two common types of Performance-based Contract structures used by ESCOs, called “Guaranteed Savings” and “Shared Savings”, are described briefly below.

PERFORMANCE-BASED CONTRACTS (. A person employed on a performance based contract as described in clause 17.

PERFORMANCE-BASED CONTRACTS ( i. If the SPA type is denoted as Performance-Based, the Club may unilaterally terminate this SPA at any time, in its sole and absolute discretion, between the Effective Date and the Contract Guarantee Date of the Initial Term. Any such termination shall be made effective only upon the conclusion of the waiver-wire period described in paragraph ii below. If this SPA is terminated other than for cause between the Effective Date and the Contract Guarantee Date of the Initial Term, his Base Salary shall be provided by the Club (a) for a minimum of forty-five (45) days and (b) for fourteen (14) days following the notice of termination. Thereafter, neither party shall have any further obligation to the other (except as are otherwise designated either in this SPA or the CBA as surviving such termination). ii. For a period of three (3) full days following the termination of a Performance-Based SPA, other clubs in the League shall have the exclusive right to assume the Player’s SPA; provided, however, that if another club in the League assumes the SPA, the SPA shall be considered Guaranteed for the remainder of its term. After the lapse of the 3-day waiver-wire period (i.e., 5:00 PM EST of the third day following the date of the waiver), the Player’s right to sign with other teams shall be unrestricted.

PERFORMANCE-BASED CONTRACTS (. 1. In order to achieve the objectives of Part 2.1 of the Project, the Recipient shall enter into Performance-Based Contracts with PBC Beneficiaries and make Performance Based Payments (PBP) pursuant thereto, subject to the provisions of this Section D and any other eligibility criteria and procedures acceptable to the Association and set forth in the PIM, which shall include the following: (a) no PBC Beneficiary shall be eligible to enter into a PBC or receive a PBP unless: (i) the Recipient has determined, on the basis of an appraisal carried out in accordance with guidelines acceptable to the Association and further elaborated in the PIM, that the PBC Beneficiary has prepared and adopted, in form and substance satisfactory to the Association, a strategic development plan setting out the objectives, vision, and long and medium-term goals of the PBC Beneficiary; and (ii) such PBC Beneficiary has established and undertaken to maintain throughout the duration of its PBC, a management board, with composition, mandate and resources satisfactory to the Association, and which shall be responsible for endorsing and overseeing the implementation of such PBC Beneficiary’s PBC; and (b) the Recipient shall: (i) ensure that yearly external evaluations of the PBCs are conducted by independent auditors; and (ii) establish the modalities, satisfactory to the Association, for assessing and verifying the implementation of each PBC, and thereafter assess and verify the implementation of each such PBC in accordance with such modalities and in a manner satisfactory to the Association. 2. The Recipient shall make each PBP to a PBC Beneficiary under a PBC with the respective PBC Beneficiary on terms and conditions approved by the Association, which shall include, inter alia, the following: (a) (i) the activities to be carried out, and objectives to be met, by the PBC Beneficiary; (ii) the budget for such activities for the first year of the PBC and corresponding funding commitment; (iii) proposed activities for subsequent years and funding projections for the activities; and