Performance Deductions. Pursuant to the C-70 Project Agreement, a failure to perform certain obligations by the Developer may result in Monthly Performance Deductions to the Performance Payments. Except as otherwise provided specifically herein, the Parties agree to credit the amount of such Monthly Performance Deductions occurring during the Operating Period between CDOT and HPTE based on the Pro-Rata O&M Cost Calculation, provided that:
Performance Deductions. If Awardee does not meet the required 97 percent uptime per this Agreement, the following performance deductions will be subtracted from that year’s O&M payment: $1,000 will be deducted for every percentage point, or fraction thereof, that the 97 percent uptime is not met on a per-port basis, per the NEVI Rule. If there is no remaining O&M payment for the deduction to be subtracted from, the amount will be deducted from the remaining withholding. Once a Performance Deduction occurs, those funds cannot be recouped and are permanently subtracted from the Total Obligation.
Performance Deductions. Nothing in Clause 32.3 above shall affect any entitlement to make Performance Deductions or any deductions made as a result of Schedule 6 (Payment Mechanism) during the period in which the Relief Event is subsisting.
Performance Deductions. Without prejudice to and in addition to the rights of the Scottish Ministers under any other provisions of this Contract, where the Operator has failed to meet any of the Performance Measures, the Scottish Ministers may make deductions (Performance Deductions) from Monthly Instalments in accordance with the provisions of Schedule 13, Paragraphs 4.11 - 4.15.
Performance Deductions. Without prejudice to and in addition to the rights of the Scottish Ministers under any other provisions of this Agreement, where the Operator has failed to meet any of the Performance Measures, the Scottish Ministers may make deductions (Performance Deductions) in accordance with the Deduction Regime for Availability and/or Deduction Regime for Reliability and/or the Deduction Regime for Punctuality and/or Deduction Regime for Compliance as the case may be. The Scottish Ministers shall notify the Operator of its liability to Performance Deductions, but any delay or failure to notify shall not impair the right of the Scottish Ministers to make Performance Deductions.
Performance Deductions. The Authority shall be entitled to make Performance Deductions in accordance with this paragraph 6 of Schedule [4] (Payment Mechanism), in respect of each Contract Month following the Commencement Date pursuant to paragraph [X] of Schedule [x] (Performance Measurement Framework). The Performance Deductions shall be deducted from the Monthly Unitary Charge Payment in the first Contract Month following the Contract Month in which the deductions calculated pursuant to Schedule [x] (Performance Measurement Framework) are quantified.
Performance Deductions. The County shall assess financial deductions starting the first six (6) months after contract execution and shall assess financial deductions every six months thereafter. The financial deductions will apply to non-compliance of the performance outcome measures in Attachment A, Statement of Work, Section 5.0, and assessment of points in accordance with Section 5.0, Performance Requirement Summary, Technical Exhibit 6.0. Deductions will be assessed based on the Contractor’s cumulative performance for the entire six months and applied to the invoice that follows the end of six months. The Contractor shall be assessed financial deductions under the following provisions: • During the six months, if Contractor fails to meet one of the performance measures as described in Attachment A, Statement of Work, Section 5.0, Performance Outcome Measures. Contractor funds may be reduced and reallocated to other Contractors who are meeting their performance levels. • During the six months, if the Contractor accumulated Unsatisfactory Performance Indicator (UPI) based on contract deficiencies, in accordance with Technical Exhibit 6.0, Performance Requirement Summary, Section 1.8, the Contractor shall be assessed a financial deduction of $50 for every 10 UPI points exceeding the maximum 500 points per six months. The County, at its sole discretion, reserves the right to waive these deductions.
Performance Deductions. 20.1 Without prejudice to any other Terms and Conditions of the Contract, notwithstanding the exceptions detailed at 20.3 below, where a Student is deemed by the Authority to have failed a Course delivered by the Contractor under the Contract, then the Authority shall be entitled to deduct from the price payable for the associated Course a sum representing 10% of the price per Student, per Course.
Performance Deductions. 10.1. New Clause 8A shall be inserted in Part 2 Schedule 6 of the IAA as follows:
Performance Deductions. [To be inserted for each project but expected to be aimed at ensuring at least no deterioration in service with deductions starting at a level which is derived from experience of the service being delivered] SCHEDULE 7 PAYMENT MECHANISM PART 2 INTERIM SERVICE FEES APPENDIX B Headline Interim Service Fees School Service Headline Headline Interim Service Fees (monthly) SCHEDULE 7 PAYMENT MECHANISM
