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:
a. Deduction amounts arising as a result of: (i) the Closure of a Tolled Express Lane as set forth in Section 3.2 of Part 3 of Schedule 6 to the C-70 Project Agreement, in an amount equal to the difference between the Closure Deduction for the Closure of a Tolled Express Lane and the Closure Deduction for the Closure of a single General Purpose lane, such that the difference represents the additional deduction intended to compensate for the loss of toll revenues (as such amounts are indexed on an annual basis); and (ii) Operating Period Noncompliance Events 2.57 and 2.64 (relating to ETC System Outages) and set forth in Table 6A.2 of Appendix A of Schedule 6 to the C- 70 Project Agreement, shall each be credited 100% to HPTE; and
b. All Monthly Performance Deductions will be allocated first to a reduction in the OMR Payment, and second, to the extent that such Monthly Performance Deductions exceed the OMR Payment, to a reduction in the Capital Performance Payment, thereby resulting in a reduction to the BE CPP Obligation (and the Central 70 Net Payment transferrable from the Trustee to the Developer under the Supplemental Indenture). For the avoidance of doubt, such reductions to the BE CPP Obligation will not be repayable to CDOT or HPTE in any future period. Any excess CCD O&M Amount available as a result of Monthly Performance Deductions exceeding the OMR Payment due in such month shall be applied proportionately to reduce the CDOT OMRP Obligation and HPTE OMRP Obligation due in the following month.
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. 10.1. New Clause 8A shall be inserted in Part 2 Schedule 6 of the IAA as follows:
8A.1 To the extent that the WDA is entitled to make any deductions under the Project Agreement for any failure by the PPP Contractor to meet its target vehicle turnaround time at the Facility, and to the extent that a WCA’s vehicle or the vehicle of a WCA’s contractor is affected by such failure, the WDA shall pay to the affected WCA the amount equivalent to any deductions it makes to the Unitary Charge under the Project Agreement.
8A.2 The WDA shall use reasonable endeavours to pursue any claim against the PPP Contractor in respect of the deductions described in clause 8A.1 above.”
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.
20.2 Where it is possible, in the event that a Student is “back-classed” and is then successful, then any deduction made under the auspices of Clause 17.1 of this Condition shall be reimbursed to the Contractor.
20.3 Exceptions in respect of this clause shall be limited to the following circumstances:
20.3.1 where it can be proven that a given student commenced the course without the requisite start standard;
20.3.2 where the Contractor can demonstrate that a student’s behaviour (e.g. non attendance at class) has contributed to their failure.
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. 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.
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. [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]
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.
