Performance Clause Sample Clauses

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 six (6) 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. 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 [*] period set forth in Sections 4.1 and 4.2 above has ended, a measurement figure of [*] will take effect for the remainder of the Term. If the [*] in which [*] Advertiser may terminate this Agreement by written notice to DCI [*] 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 vehicles and the drivers shall provide satisfactory service at all the times during the entire contract period as per the provisions of the contract. Failure to comply with the provisions of the tender document will be considered as unsatisfactory performance.

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. 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 ▇▇▇▇▇▇▇ APPROVED: /s/ CRAI▇ ▇. ▇▇▇▇▇▇▇ ------------------------ ----------------------- ------------------------------------------------------------------------------- PREFORMED LINE PRODUCTS GENERAL ELECTRIC COMPANY ------------------------------------------------------------------------------- DATE: 2-22-01 DATE: 2-26-01 ------------------- -----------------------------

Performance Clause. The parties acknowledge the importance to the Corporation of proving the commercial viability of the Telepresence(R) Single Optical Path 3-D Image Capture System (the "System"). The parties therefore agree that in the event that the Contractor arranges or assists in arranging a contract with an Internet corporation with respect to its "3D Streaming Internet Video Applications" of the System during the term of this Agreement, the Corporation and the Contractor shall conduct good faith discussions concerning the award of a performance bonus (the "Bonus") to the Contractor in recognition of its services in such regard.

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 D▇▇▇▇▇▇ 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.