Performance Criteria Documents & Design of Project Sample Clauses

Performance Criteria Documents & Design of Project. Design Build Entity shall use the Performance Criteria Documents as the basis for design and the development of all Drawings and Specifications. As the Design Materials are developed, Design Build Entity may identify issues in the Performance Criteria Documents, or Judicial Council may change the Performance Criteria Documents. Any alleged issues that are mutually resolved by Judicial Council and Design Build Entity that require a change or modification to the Performance Criteria Documents, or any Judicial Council initiated change to the Performance Criteria Documents, shall be memorialized pursuant to an Amendment or Change Order. 13.17.4.1. The Performance Criteria Documents will always control over Design Materials prepared by Design Build Entity during the Design Work. Design Build Entity expressly acknowledges that the Performance Criteria Documents are material to the design of the Project and that Design Build Entity’s design of the Project shall at all times conform with the requirements of the Performance Criteria Documents. Design Build Entity expressly acknowledges and agrees that during any portion of the Work, Judicial Council’s Acceptance of Design Materials that are inconsistent, or in conflict, with any requirement of the Performance Criteria Documents shall not result in Judicial Council’s waiver of any right or remedy hereunder. Judicial Council shall at all times to retain the right to require that Design Build Entity redesign the Project that in any way varies from or conflicts with the Performance Criteria Documents, and/or correct any completed Construction Work, at Design Build Entity’s sole cost and expense; provided, however, that Design Build Entity may be relieved of the requirement to redesign the Project consistent with the Performance Criteria Documents, only if: 13.17.4.1.1. Design Build Entity specifically notifies Judicial Council, in writing of, the inconsistency or conflicting element within five (5) Days of the date Design Build Entity discovers an inconsistency or conflict, or within five (5) Days of the date that Design Build entity should have reasonably discovered it; 13.17.4.1.2. The inconsistency or conflict was Accepted by Judicial Council, in its sole and absolute discretion, in an Amendment or Change Order that specifically modifies the Performance Criteria Documents; and 13.17.4.1.3. The inconsistency or conflict was not caused by an Error or Omission of Design Build Entity. 13.17.4.2. All Design Materials mus...
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Related to Performance Criteria Documents & Design of Project

  • Project Goals The schedule, budget, physical, technical and other objectives for the Project shall be defined.

  • Performance Orders A Performance Order: (a) is an order made under clause 13.3.3(b), relating to a Relevant Dispute, whether by way of interim or final relief; and (b) may be applied for by Network Rail or the Train Operator in the circumstances set out in clause 8.1, subject to the qualifications in clause 17.8, and an application for a Performance Order shall be without prejudice to any other remedy available to the claimant under this contract (whether final or interim and whether by way of appeal under the Network Code or otherwise).

  • Performance Schedule The Parties will perform their respective responsibilities in accordance with the Performance Schedule. By executing this Agreement, Customer authorizes Motorola to proceed with contract performance.

  • Performance Criteria The Performance Criteria are set forth in Exhibit A to this Agreement.

  • Performance Measure Grantee will adhere to the performance measures requirements documented in

  • Performance Targets Threshold, target and maximum performance levels for each performance measure of the performance period are contained in Appendix B.

  • Performance Factors (a) Each party will notify the other party of the existence of a Performance Factor, as soon as reasonably possible after the party becomes aware of the Performance Factor. The Notice will: describe the Performance Factor and its actual or anticipated impact; include a description of any action the party is undertaking, or plans to undertake, to remedy or mitigate the Performance Factor; indicate whether the party is requesting a meeting to discuss the Performance Factor; and address any other issue or matter the party wishes to raise with the other party. (b) The recipient party will provide a written acknowledgment of receipt of the Notice within 7 Days of the date on which the Notice was received (“Date of the Notice”). (c) Where a meeting has been requested under paragraph 7.2(a)(3), the parties agree to meet and discuss the Performance Factors within 14 Days of the Date of the Notice, in accordance with the provisions of section 7.3.

  • Performance Measures The System Agency will monitor the Grantee’s performance of the requirements in Attachment A and compliance with the Contract’s terms and conditions.

  • Project/Milestones Taxpayer is a food producer and full line grocery store chain, proposing to expand its in- house food manufacturing. In consideration for the Credit, Taxpayer agrees to maintain at least 44 full-time employees, determined on an annual full-time equivalent basis, at its Merced food manufacturing facility; and, to hire full-time employees and invest in a research and development equipment, manufacturing equipment, tenant improvements, and a facility as part of its expansion in Merced and/or Riverside, California (collectively, the “Project”). Taxpayer agrees that for the purposes of satisfying the milestones in Exhibit A (“Milestones”), Taxpayer will only count jobs and investment at its Merced food manufacturing facility and/or a new food manufacturing facility in Riverside, and that no other jobs or investment at any retail or other facility can be counted. For the purposes of calculating the number of full-time employees, no employee transferred from another affiliate, facility, or entity owned, related to, or controlled by the Taxpayer shall be included in the calculation. Taxpayer shall not be entitled to any portion of the Credit if it fails to maintain at least 44 full-time employees, determined on an annual full-time equivalent basis, at its Merced facility for the entire duration of the agreement. Further, Taxpayer agrees to satisfy the Milestones and must maintain Milestones for a minimum of three (3) taxable years thereafter. In the event Taxpayer employs more than the number of full- time employees, determined on an annual full-time equivalent basis, than required in Exhibit A, for purposes of satisfying the “Minimum Annual Wage of California Full-time Employees Hired” and the “Cumulative Average Annual Wage of California Full-time Employees Hired,” Taxpayer may use the wages of any of the full-time employees hired within the required time period. For purposes of calculating the “Minimum Annual Wage of California Full-time Employees Hired” and the “Cumulative Average Annual Wage of California Full-time

  • Milestone Schedule Please state the status and progress of each Milestone and identify any completed Milestone(s) for the previous calendar quarter.

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