Performance Clause. The Licensee undertakes to actually exploit the licensed Technology, under the sanction of agreement termination by the Licensor, as set out in Clause Twelve;
Performance Clause. 4.1 The [*] of advertising will be given to Advertiser at [*]. The [*] will begin upon activation of the affinity button in each Market. The affinity button is a button on the welcome screen of America Online that links to local Digital City markets.
4.2 After the [*] provided in Section 4.1 above, there will be a [*] "start up" period.
4.3 In each Market, after the initial six month period set forth in Sections 4.1 and 4.2 above has ended, a measurement figure of per [*] "Purchase Request" will take effect for the remainder of the Term. If the average "Purchase Request" for a thirty (30) day period across all Markets in which the Icon is active exceeds [*] Advertiser may terminate this Agreement by written notice to DCI sixty days prior to the desired termination date. Advertiser will make verified "Purchase Request" figures available to DCI prior to any termination by Advertiser pursuant to this Section 4.3. For purposes of this Agreement, "Purchase Request" shall mean that a user of the DCI Service has requested a price quote online from Advertiser.
Performance Clause. The Purchaser hereby agrees to initiate the development of the Property within eighteen (18) months from the date the deed is recorded. In the event that the Purchaser fails to, or refuses to, initiate development of said Property within such time frame then the Property shall automatically revert back to the Seller upon Seller’s demand. Upon Purchaser’s receipt of written notice by Seller of Purchaser’s failure to perform their obligations under this Section and demand for the Property, the City of Carbondale, as Seller, shall have the right to re-enter and take possession in fee simple title to the Property. The Seller shall reimburse the Purchaser the purchase price paid by Purchaser for the Property under this contract, minus any and all costs incurred by the Seller to enforce the provisions of this Contract. This provision shall survive the closing of the property transaction.
Performance Clause. Excluding periodical drydocking if any continuous off-hire exceeds 7 days or if any Period, during which the vessel is hindered and/or prevented from free trade within this time Charterparty, accumulated exceeds 25 days, Charterers shall have the option To cancel the time Charterparty. Such cancellation shall be without prejudice to any claims Charterers may have against the Owner, and the Charterer shall have the option to terminate the time Charterparty forthwith.
Performance Clause. The Parties acknowledge and agree that the Subject Property is currently improved and utilized as a parking lot, and Purchaser may continue to utilize the Subject Property as a parking lot for six (6) months following closing of this transaction. The Parties further acknowledge and agree that Purchaser has applied for a special use permit from Seller applicable to the Subject Property in order to develop and improve the Subject Property consisted with and in conjunction with the operation of Purchaser’s adjacent parcel, on which Purchaser operates a storage unit rental facility. The Parties acknowledge and agree that Seller’s grant of a special use permit to Purchaser for the Subject Property shall be an additional contingency to the Purchaser’s obligations of this Contract. Purchaser hereby agrees that in order to retain the special use permit, Purchaser will submit a site plan, building plan or construction plan to Seller for Seller’s approval, within six (6) months from the date the Contract is executed for Purchaser’s intended future development and use of the Subject Property. In the event that the Purchaser fails to, or refuses to, submit a site plan, building plan or construction plan to Seller for approval within six (6) months from the date the deed is recorded, the Seller, may in its sole discretion, and upon thirty (30) days written notice to Purchaser, either extend the time period for closing the transaction or terminate the Contract. This provision shall survive the closing of the property transaction.
Performance Clause. If Group does not utilize 80% of the room block above, there will be a charge, agreed not to be a penalty, equal to the average group rate times the number of rooms not utilized below 80% of the room block. This charge will only apply to rooms that are not resold and to rooms that remain available for sale. These charges are subject to Hotel’s duty to mitigate its damages by making a reasonable effort to resell the rooms not utilized. Prior to the billing and payment, Hotel must submit to Group a copy of Hotel’s city ledger or daily report showing the rooms that were not resold and were available for sale. Hotel agrees that after receipt of this payment it will not seek additional damages for not utilizing the full room block.
Performance Clause. Prior to your event, from time to time, at our option, we may review the number of requests for room assignments which have been made by your attendees in order to compare your obligations herein with your «GROUPNAME»’s actual likely performance. Should it appear in advance of your meeting that the actual number of attendees will fall below the attendance we expect based upon your room block, the Your Hotel Name Here reserves the right to assign alternate meeting space commensurate with your reduced space needs as indicated by your attendee's requests for room assignments.
Performance Clause. Option 1
Performance Clause. When assessing the performance of the vessel in relation to the speed(s) and consumption(s) detailed in Clause 29a, good weather conditions is taken to mean Beaufort Wind Scale not exceeding Force 4 (upto 16.0 knots maximum) and Dxxxxxx Sea State not exceeding Code 3 (upto 1.5 metres wave height maximum). Average good weather speed will be determined by taking the total mileage actually steamed under good weather conditions as defined above from full away to standby engine, divided by the actual time steamed under such conditions, both as recorded in the log book, excluding stoppages at sea or any periods during which reduction of speed is necessary for safety or in congested waters or in poor visibility, or following Charterers explicit instructions. Average good weather consumption will be determined by applying the actual propulsion consumption whilst steaming under good weather condition to the period steamed under such conditions. To evaluate vessel’s performance under this Charter Party following data / formula will be used:
A) Total distance run from full away to standby engine.
B) Total good weather distance run.
C) Total good weather hours.
D) Average good weather speed.
E) Total good weather M.E. consumption.
F) Daily average good weather M.E. consumption.
G) Total good weather D.G. consumption.
H) Daily average good weather D.G. consumption.
1) Time Gain/Loss
2) Over / Under consumption (separate calculations for M.E. and generator) DX24 CP SPEED X 24 Under no circumstances should any claim be deducted from hire until it has been agreed by both parties.
Performance Clause. ADDITIONAL PRODUCTS MAY BE PURCHASED BY CUSTOMER FROM TIME TO TIME AND THE SALE OF SUCH PRODUCTS SHALL BE GOVERNED BY THE TERMS OF THIS AGREEMENT, EXCEPT AS SPECIFICALLY AGREED TO BY THE PARTIES IN WRITING. PERFORMANCE OF THIS AGREEMENT IS CONTINGENT UPON MEETING THE REQUIREMENTS OF THE PARTIES IN AN ECONOMICAL AND REASONABLE MANNER. EITHER PARTY MAY REQUEST ADJUSTMENTS TO THIS AGREEMENT IF, IN ITS SOLE JUDGEMENT, CONDITIONS HAVE CHANGED SIGNIFICANTLY SINCE THE SIGNING OF THIS AGREEMENT. IF AFTER THIRTY (30) DAYS THE PARTIES DO NOT AGREE TO THE ADJUSTMENTS, OR WHEN THE REQUESTED ADJUSTMENT HAS BEEN REJECTED, WHICHEVER COMES EARLIER, THE REQUESTING PARTY MAY TERMINATE THIS AGREEMENT BY GIVING THIRTY (30) DAYS WRITTEN NOTICE. APPROVED: /s/ KIM XXXXXXX APPROVED: /s/ CRAIX X. XXXXXXX ------------------------ ----------------------- ------------------------------------------------------------------------------- PREFORMED LINE PRODUCTS GENERAL ELECTRIC COMPANY ------------------------------------------------------------------------------- DATE: 2-22-01 DATE: 2-26-01 ------------------- -----------------------------
