Performance Calculations. Performance Calculations as used ------------------------ herein shall include standard performance calculations required pursuant to the 1933 Act, the 1940 Act, and any applicable rules and interpretations of the staff of the Securities and Exchange Commission, and shall also include other non-standard performance calculations as shall be agreed upon by both parties to this Agreement from time to time.
Performance Calculations. The Bank will compute the performance ------------------------ results of each Master Portfolio (the "Performance Calculations") in accordance with applicable provisions of the 1933 Act and 1940 Act and the rules under such Acts related to the computations to be undertaken by the Bank pursuant to this Agreement, as promulgated by the Securities and Exchange Commission, as such provisions and or rules may be amended from time to time, and any published interpretations of or general conventions accepted by the staff of the Securities and Exchange Commission with respect to such rules or the subject matter thereof ("Subsequent Staff Positions"), subject to the Registration Statement, as amended from time to time, and the terms set forth below:
Performance Calculations. 1. Definitions: • Abbreviations: C/P — Charter Party S/B — Sea Buoy • C/P Distance — For a given voyage is the total observed distance, S/B to S/B less any segment of the voyage excluded per agreement in the C/P (such as certain weather conditions, off-hire periods, or Canal transits.) Such segments are referred to as “exclusions” below. Any total observed distance that exceeds that determined from the BP Distance Tables by more than 3 percent will require special review and verification. The S/B to terminal distances must be adjusted out of the BP Distance Table values to determine S/B to S/B distances for the comparison above. • C/P time, in hours, for a given laden or ballast voyage is determined by dividing the C/P distance by the appropriate laden or ballast warranted speed from Clause 24. • Actual hours at sea for the S/B to S/B voyage is to be adjusted to reflect “exclusions”. • Average actual speed is determined by C/P distance divided by actual hours. • Maximum/minimum C/P hours are determined by average actual speed divided by C/P speed +/- margin per Clause 24, times actual hours. • If average actual speed is within maximum and minimum C/P hours, there is no performance claim for speed. • Hours lost/gained are determined by actual hours less maximum/minimum C/P hours. • Formula for calculating hire per hour — Hire Rate x 12 months 365 days x 24 hours Note: Hire rate, referred to above, in $/month, shall include effects of escalation and other costs, if any, allowed for in the C/P for the period in question. • C/P fuel for propulsion for a given voyage is determined by multiplying the C/P time (expressed in days) by the warranted fuel consumption from Clause 24. • Actual and C/P fuel consumption at sea for the S/B to S/B voyage will also be adjusted to reflect “exclusions”. • C/P consumption is determined by C/P days (C/P hours/24) x C/P fuel per Clause 24. • C/P consumption margin is determined by C/P days x C/P fuel margin per Clause 24. • If actual consumption is within the sum and difference of C/P consumption margin, there is no performance claim for propulsion fuel.
Performance Calculations. All calculations and any disputes with respect to such calculations under this Agreement shall be based upon data contained in Participating Carriers’ records and the records of Performance Measurement Carriers (AC and UA), and the data in Participating Carriers’ and Performance Measurement Carriers’ records shall take precedence over the data in any other records.
Performance Calculations. The Class 2 audit and validation process necessary to compute the prior month’s Account performance calculations will be completed by the end of the 5th Business Day following each month-end. Class 5 audit and validation process necessary to compute the prior month’s Account performance calculations will be completed by the end of the 5th Business Day following the release by the Customer of Class 5 statement production.
Performance Calculations. 2 2.11 Key Performance Indicators or KPIs................................ 3 2.12
Performance Calculations. All performance calculations under this Agreement shall be based upon data contained in Lufthansa’s records, which shall take precedence over the data in any other records. Both parties in good faith shall resolve any discrepancies in data.
