Performance Events Sample Clauses

Performance Events. In each case that Recipient reasonably determines that the actual TPV processed by Provider in connection with the Services and/or Platform is less than ninety percent (90%) of the corresponding Predicted TPV over the course of any ten (10) minute period during the Term (each a “Minor Performance Event”), Recipient shall notify Provider and Provider shall use commercially reasonable efforts to resolve such Minor Performance Event and any issue or Incident related thereto as soon as reasonably practicable. In each case that Recipient reasonably determines that the actual TPV processed by Provider in connection with the Services and/or Platform is less than eighty percent (80%) of the corresponding Predicted TPV over the course of any twenty (20) minute period during the Term (each, a “Major Performance Event”), Recipient shall notify Provider and Provider shall use commercially reasonable efforts to resolve such Performance Event and any issue or Incident related thereto as soon as reasonably practicable. In addition, each such Major Performance Event shall constitute a Default for which Performance Event Credits shall be awarded by Provider to the applicable Recipient Party pursuant to Section 3.2 of this Schedule 4.1.
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Performance Events. The Xxxx-Xxxxx Act requires the SEC to issue rules barring national exchanges from listing any company that has not implemented a clawback policy that does not include recoupment of incentive-based compensation for current and former exec- utives for a three-year period. The SEC has not yet issued its final regulations on these clawback requirements. The Xxxx-Xxxxx Act's clawback requirements are different than the SOX provisions. Under Xxxx-Xxxxx, compa- xxxx are required to recover compensa- tion, including options, based on materi- ally inaccurate financial information, regardless of misconduct or fault. Exhibit 1 compares the clawback provi- sions under these the two acts (Xxxxx Xxxxxx, “The Xxxx-Xxxxx Act Addresses Corporate Governance,” The CPA Journal, April 2012, pp. 40-42). Comparing Clawback Provisions Applicability CEOs and CFOs Period covered 12 months All current and former executive officers 3 years Even though the SEC has not yet issued the final rules on this provision, several com- panies are already disclosing their claw- back policies, likely because proxy adviso- ry firms such as Glass Lewis and Institutional Shareholder Services consider companies' clawback policies when making their “say- on-pay” voting recommendations. In June 2014, FASB issued its consen- sus of the Emerging Issues Task Force as ASU 2014-12. The EITF concluded that a performance target that affects vesting and is achieved after the requisite service period is a performance condition (ASC 718-10- 30-28). Thus, compensation cost should be recognized over the required service period if it is probable that the performance condi- tion would be achieved. The total compen- sation cost should reflect the number of equi- ty awards that are expected to vest and should be adjusted based on the actual for- feiture rate (trued-up) when those awards are ultimately vested. This consensus provides additional guid- ance and clarification for the accounting treatment of stock compensation awards that have a right of forfeiture or clawback dur- ing the post-performance period. Under this guidance, an entity should not record com- pensation cost until it is probable that the performance target will be achieved. Furthermore, performance conditions affect only the vesting condition of stock com- pensation awards and do not impact the esti- mate of the award's grant-date fair value. ASU 2014-12 is effective for all entities for annual periods beginning after December 15, 2015, and interim...
Sample 1
Performance Events. All events are charged at £50 per event unless discounted through membership benefits. See TBMH Events xxxxx://xxx.xxxxxxxxxxxxxxxxxx.xxx/events/ page. A standard academic year sees: KS1: Infant Voices Festival; KS2: Christmas Singing Festival, Instrumental Playing Days, Big Sing; KS3-5: Future Sounds, Secondary Choirs’ Showcase, Instrumental Playing Days, Big Sing Due to capacity we are unable to invite Independent schools to access the performance programme, unless through a specific strategic agreement.
Sample 1
Performance Events. NOTE: Until further notice, our performance programme is on hold. We will only reinstate performances when it is safe to do so for all involved. This means that we may either shift some planned events to later in the academic year, move them online in a digital format, if appropriate, and/or suspend them for the 2020-21 academic year. We will keep schools updated. All events are charged at £50 per event unless discounted through membership benefits. See TBMH Events xxxxx://xxx.xxxxxxxxxxxxxxxxxx.xxx/events/ page. A standard academic year sees: KS1: Infant Voices Festival; KS2: Christmas Singing Festival, Instrumental Playing Days, Big Sing; KS3-5: Future Sounds, Secondary Choirs’ Showcase, Instrumental Playing Days, Big Sing Due to capacity we are unable to invite Independent schools to access the performance programme, unless through a specific strategic agreement.
Sample 1
Performance Events. For any contracts that did not/do not meet original cost, schedule or technical performance requirements provide a brief explanation of the reason(s) for the shortcomings and any corrective actions taken to avoid recurrence. Additionally, any “Yes” answer in Section 1 requires a written explanation of the event (i.e., Option(s)
Sample 1

Related to Performance Events

  • Performance Evaluations The Contractor is subject to an annual performance evaluation to be conducted by NYCDOT pursuant to the PPB Rules.

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

  • Annual Performance Evaluation On either a fiscal year or calendar year basis, (consistently applied from year to year), the Bank shall conduct an annual evaluation of Executive’s performance. The annual performance evaluation proceedings shall be included in the minutes of the Board meeting that next follows such annual performance review.

  • Performance Evaluation The Department may conduct a performance evaluation of Contractor’s Services, including Contractor’s Subcontractors. Results of any evaluation may be made available to Contractor upon request.

  • Performance Measurement The Uniform Guidance requires completion of OMB-approved standard information collection forms (the PPR). The form focuses on outcomes, as related to the Federal Award Performance Goals that awarding Federal agencies are required to detail in the Awards.

  • Ongoing Performance Measures The Department intends to use performance-reporting tools in order to measure the performance of Contractor(s). These tools will include the Contractor Performance Survey (Exhibit H), to be completed by Customers on a quarterly basis. Such measures will allow the Department to better track Vendor performance through the term of the Contract(s) and ensure that Contractor(s) consistently provide quality services to the State and its Customers. The Department reserves the right to modify the Contractor Performance Survey document and introduce additional performance-reporting tools as they are developed, including online tools (e.g. tools within MFMP or on the Department's website).

  • Performance Adjustment One-twelfth of the annual Performance Adjustment Rate will be applied to the average of the net assets of the Portfolio (computed in the manner set forth in the Fund's Declaration of Trust or other organizational document) determined as of the close of business on each business day throughout the month and the performance period.

  • Performance Excused The Affected Party, to the extent rendered unable to perform its obligations or part thereof under this Agreement as a consequence of the Force Majeure Event shall be excused from performance of the obligations. Provided that, the excuse from performance shall be of no greater scope and of no longer duration than is reasonably warranted by the Force Majeure Event. Provided further, nothing contained herein shall absolve the Affected Party from any payment obligations accrued prior to the occurrence of the underlying Force Majeure Event.

  • Covenants of Performance Measurement No interference. Registry Operator shall not interfere with measurement Probes, including any form of preferential treatment of the requests for the monitored services. Registry Operator shall respond to the measurement tests described in this Specification as it would to any other request from an Internet user (for DNS and RDDS) or registrar (for EPP). ICANN testing registrar. Registry Operator agrees that ICANN will have a testing registrar used for purposes of measuring the SLRs described above. Registry Operator agrees to not provide any differentiated treatment for the testing registrar other than no billing of the transactions. ICANN shall not use the registrar for registering domain names (or other registry objects) for itself or others, except for the purposes of verifying contractual compliance with the conditions described in this Agreement. PUBLIC INTEREST COMMITMENTS Registry Operator will use only ICANN accredited registrars that are party to the Registrar Accreditation Agreement approved by the ICANN Board of Directors on 27 June 2013 in registering domain names. A list of such registrars shall be maintained by ICANN on ICANN’s website. (Intentionally omitted. Registry Operator has not included commitments, statements of intent or business plans provided for in its application to ICANN for the TLD.) Registry Operator agrees to perform the following specific public interest commitments, which commitments shall be enforceable by ICANN and through the Public Interest Commitment Dispute Resolution Process established by ICANN (posted at xxxx://xxx.xxxxx.xxx/en/resources/registries/picdrp), which may be revised in immaterial respects by ICANN from time to time (the “PICDRP”). Registry Operator shall comply with the PICDRP. Registry Operator agrees to implement and adhere to any remedies ICANN imposes (which may include any reasonable remedy, including for the avoidance of doubt, the termination of the Registry Agreement pursuant to Section 4.3(e) of the Agreement) following a determination by any PICDRP panel and to be bound by any such determination. Registry Operator will include a provision in its Registry-Registrar Agreement that requires Registrars to include in their Registration Agreements a provision prohibiting Registered Name Holders from distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law, and providing (consistent with applicable law and any related procedures) consequences for such activities including suspension of the domain name. Registry Operator will periodically conduct a technical analysis to assess whether domains in the TLD are being used to perpetrate security threats, such as pharming, phishing, malware, and botnets. Registry Operator will maintain statistical reports on the number of security threats identified and the actions taken as a result of the periodic security checks. Registry Operator will maintain these reports for the term of the Agreement unless a shorter period is required by law or approved by ICANN, and will provide them to ICANN upon request. Registry Operator will operate the TLD in a transparent manner consistent with general principles of openness and non-discrimination by establishing, publishing and adhering to clear registration policies.

  • Performance Levels (a) The Performance Levels which apply to the performance by the respective Parties of their obligations under this Agreement are set out in Part 1 of Schedule 5. A failure by either Party to achieve the relevant Performance Level will not constitute a breach of this Agreement and the only consequences of such failure as between the Parties shall be the consequences set out in this Clause 5.6. (b) If the Operator does not comply with the Operator Performance Level then the Access Holder must pay to QR Network the amount determined in accordance with Schedule 5 as part of the invoice issued by QR Network for Access Charges and other charges for the Billing Period immediately following QR Network becoming entitled to that amount. Where there is no next Billing Period, the Operator must pay such amount to QR Network within fourteen (14) days after receipt of a Tax Invoice from QR Network. (c) If QR Network does not comply with the QR Network Performance Level then QR Network will credit to the Access Holder the amount determined in accordance with Schedule 5 by way of a deduction from the invoice issued by QR Network for Access Charges and other charges for the Billing Period immediately following the Access Holder becoming entitled to that amount. Where there is no next Billing Period, QR Network must pay such amount to the Access Holder within fourteen (14) days after receipt of a Tax Invoice from the Access Holder. (d) The Parties must, if requested by either Party, meet to review the Performance Levels subject to such review not occurring within six (6) Months after the Commitment Date or any previous review of the Performance Levels. If either Party notifies the other that it considers that the Performance Levels are no longer appropriate, the Parties may agree on varied Performance Levels and any associated variations to the Agreement including the Base Access Charges and the Train Service Description. If the Parties are unable to agree to such variations, then the existing Performance Levels shall continue to apply unless varied by QR Network in accordance with the provisions of Clause 5.6(e). (e) In the event that the Access Holder and/or the Operator (i) does not comply in any material respect with the Train Service Description; and (ii) the Access Holder fails to demonstrate to the reasonable satisfaction of QR Network when requested to do so, that the Access Holder will consistently comply with the Train Service Description for the remainder of the Term then, following consultation with the Access Holder, QR Network will be entitled to: (iii) vary the Train Service Description to a level it reasonably expects to be achievable by the Access Holder for the remainder of the Term having regard to the extent of previous compliance with the Train Service Description (ignoring, for the purpose of assessing previous compliance, any non-compliance to the extent that the non-compliance was attributable to a Railway Operator (other than the Access Holder) or to QR Network); and (iv) vary the Agreement (including, without limitation, the Operator Performance Level and the Base Access Charges) to reflect the impact of the change in the Train Service Description. (f) The Access Holder shall be entitled to dispute any variation proposed by QR Network pursuant to Clause 5.6(e) and such dispute will be referred to an expert for resolution in accordance with Clause 17.3.

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