Performance by Owners Sample Clauses

Performance by Owners. In the event Management Company fails for any reason to make any of the repairs, alterations, improvements, renewals and replacements as contemplated under Sections 8.02 or 8.03, the respective Owner(s) may elect, but is not obligated to, make such repairs and the cost thereof shall be paid for in accordance with Section 8.02 or 8.03, as the case may be. Down Times Pursuant to and upon the conditions specified in Section 7.4.2 of the Operating Agreement (with respect to the Hotel Facility) attached to this Agreement as Exhibit G and made a part hereof, and Section 8.4.2 of the Operating Agreement (with respect to the Conference Center Facility) attached to this Agreement as Exhibit G-1 and made a part hereof, Owner of the respective Facility may elect to temporarily cease to operate areas of the Hotel Facility or Conference Center Facility, as the case may be, for limited periods of down time (referred to as “Down Times” in the Operating Agreement) and for the limited purposes all as further described in Section 7.4.2 and 8.4.2 of the Operating Agreement; provided that the (a) dollar threshold amounts in Section 6.01 and 6.02 (used in connection with the calculation of fees paid to Management Company under this Agreement) and (b) percentage thresholds and dollar amount thresholds in Sections 6.06 A and B (used in determining whether Management Company has achieved specified levels of Operating Profit) shall each be appropriately adjusted on a prorata basis, mutually agreed in good faith by Management Company and the respective Owner(s), taking into consideration any Down Time. Shutter Periods Pursuant to and upon the conditions specified in Section 7.4.3 of the Operating Agreement (with respect to the Hotel Facility) attached to this Agreement as Exhibit H and made a part hereof, and Section 8.4.3 of the Operating Agreement (with respect to the Conference Center Facility) attached to this Agreement as Exhibit H-1 and made a part hereof, Management Company and the Owner of the respective Facility may elect to temporarily cease to operate all or substantially all of the Hotel Facility or Conference Center Facility, as the case may be, in the circumstances and for the applicable time periods (referred to as “Shutter Periods” in the Operating Agreement) all as further described in Section 7.4.3 and 8.4.3 of the Operating Agreement; provided that the (a) dollar threshold amounts in Section 6.01 and 6.02 (used in connection with the calculation of fees paid to M...
Sample 1
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Performance by Owners. In the event that the Project Operator fails to perform any of its obligations hereunder which has not, if applicable, been cured in accordance with Section 8.1.1 or Section 8.1.3, then the Owners Committee may, within five (5) days after giving written notice thereof to Project Operator, perform or cause to be performed (including engaging one or more third parties) any obligations of the Project Operator under this Agreement that the Project Operator has not performed in accordance with the terms of this Agreement; and in such event, an Owner shall be entitled to recover from the Project Operator the costs that such Owner incurs in connection with taking such remedial action. The Owners’ exercise of any self- help right in accordance with this Section 8.3.3 shall not relieve the Project Operator of any obligation under this Agreement and shall not constitute a waiver of any right or remedy available to Owner.
Sample 1

Related to Performance by Owners

  • Performance by Contractor Where Pur- chaser’s employees, agents, contractors, Subcontractors, or their employees or agents perform Purchaser’s Opera- tions in connection with fire responsibilities, Purchaser’s obligations shall be the same as if performance was by Purchaser.

  • Performance Expectations The Charter School’s performance in relation to the indicators, measures, metrics and targets set forth in the CPF shall provide the basis upon which the SCSC will decide whether to renew the Charter School’s Charter Contract at the end of the charter term. This section shall not preclude the SCSC from considering other relevant factors in making renewal decisions.

  • Performance Expectation Provided the conditions are met under 2.1.1 and 2.1.2 proceeding, ALLTEL’s performance expectation is to provide 100% due dates met within reporting month. If service levels fall below 95% of the performance expectation within a reporting month, root cause analysis and joint problem resolution will be implemented within thirty (30) days.

  • PERFORMANCE OUTCOMES 8 A. CONTRACTOR shall achieve performance objectives, tracking and reporting Performance 9 Outcome Objective statistics in monthly programmatic reports, as appropriate. ADMINISTRATOR 10 recognizes that alterations may be necessary to the following services to meet the objectives, and,

  • Performance Provisions A. Monitoring

  • Contractor’s Performance Warranties Contractor represents and warrants to the State that:

  • Performance Pay In accordance with Section 8 of the General Appropriations Act for Fiscal Year 2020-2021, contingent upon the availability of funds and at the Agency Head’s discretion, each agency is authorized to grant merit pay increases based on the employee’s exemplary performance, as evidenced by a performance evaluation conducted pursuant to Rule 60L-35, Florida Administrative Code.

  • Performance Delay Time is of the essence in the Vendor’s performance of this Agreement. If at any time it appears to Vendor that it may not meet any of the performance schedules or the scheduled completion date of the services to be performed for any reason, including labor disputes, Vendor shall immediately by verbal means (to be confirmed in writing) notify Customer of the reasons for and the estimated duration of such delay. If requested by Customer, Vendor shall make every effort to avoid or minimize the delay to the maximum extent possible including the expenditure of premium time. Any additional cost caused by these requirements of Customer shall be borne by Vendor, unless the delay in performance arises out of causes beyond the control and without the fault or negligence of Vendor or its subcontractors within the meaning of the Cancellation- Default clause herein. The foregoing requirements are in addition to any of Customer’s other rights and remedies as may be provided by law or this Agreement.

  • Performance of Service 2.1 Appendix A (General Provisions), Articles 1 through 16, governs the performance of services under this contract. 2.2 Appendix B sets forth the liability and insurance provisions of this contract. 2.3 Appendix C sets forth the services to be performed by the contractor. ARTICLE 3.

  • Performance Excused The Affected Party, to the extent rendered unable to perform its obligations or part thereof under this Agreement as a consequence of the Force Majeure Event shall be excused from performance of the obligations. Provided that, the excuse from performance shall be of no greater scope and of no longer duration than is reasonably warranted by the Force Majeure Event. Provided further, nothing contained herein shall absolve the Affected Party from any payment obligations accrued prior to the occurrence of the underlying Force Majeure Event.

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