Performance Holdback Sample Clauses

Performance Holdback. A Performance Holdback of $10.00/mbf net scale shall be paid to COUNTY on CONTRACTOR’S behalf from delivery locations. Any or all of posted Performance Holdback may be retained by COUNTY for Non-compliance with this contract by CONTRACTOR at COUNTY’S discretion. Performance Holdback shall be returned to CONTRACTOR upon satisfactory completion of this contract as determined by COUNTY, by CONTRACTOR.
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Performance Holdback. 20.3.1 Upon the expiry of the applicable period under the CLA for preserving construction liens in respect of the Design Build Work and providing that there have been no construction liens preserved in respect of the Project which have not been vacated, released or discharged, the Owner shall be entitled to continue to retain that portion of the CLA holdback equal to five per cent (5%) of the Lump Sum Price as the Performance Holdback.
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Performance Holdback. 500,000 of the Shares to be issued at Closing (the “Performance Escrowed Securities”) shall be held in escrow pursuant to the Escrow Agreement and released in accordance with the terms thereof on the date that is 12 months after the Closing Date subject to the Business having earlier achieved the domestic and international sales and financial goals set forth on Schedule 2.4(d) (the “Performance Goals”). Failure of the Business to satisfy the Performance Goals shall result in cancellation of some or all of the Performance Escrowed Shares by the Purchaser, in accordance with Schedule 2.4(d).
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Performance Holdback. The County shall reimburse the CONTRACTOR for its actual, and allowable cost incurred for services rendered, less a 15% holdback pending attainment of the performance outcomes specified below as of June 30,2002.
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Performance Holdback. Following Chautauqua's introduction of Services hereunder with the [*] US Airways will [*]
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Performance Holdback. Buyer shall withhold from the Purchase Price on the Closing Date an amount equal to 10% of the Purchase Price (the "Performance Holdback") which amount shall be held by Buyer until no later than 5:00 p.m. on ________________, for the purpose of allowing Buyer sufficient time in order to confirm the transaction histories of each Mortgage Loan set forth on the Mortgage Loan Schedule, attached hereto as Exhibit "A", which transaction histories Seller has agreed to provide Buyer on the Closing Date pursuant to Section 2.01 of this Agreement. Seller agrees that the existence of this Performance Holdback shall not relieve Seller of any responsibilities or obligations to Buyer under the terms and conditions of this Agreement nor from any and all warranties and representations made by Seller to Buyer under the terms of this Agreement. Buyer shall pay Seller simple interest at the per annum rate of 5.25% on the Performance Holdback amount from the Closing Date until the date Buyer remits the Performance Holdback amount to Seller; provided, however, Buyer shall not be required to pay any such interest on any portion of the Performance Holdback amount not ultimately remitted by Buyer to Seller.
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Performance Holdback. 20.3.1 Upon the expiry of the applicable period under the CLA for preserving construction liens in respect of the Design Build Work and providing that there have been no construction liens preserved in respect of the Project which have not been vacated, released or discharged, the Owner shall be entitled to continue to retain that portion of the CLA holdback equal to five per cent (5%) of the Lump Sum Price as the Performance Holdback. 20.3.2 Subject to the Owner’s right to set-off against the Performance Holdback as hereinafter described in subsection 20.3.3, the Performance Holdback will be released to the DBO Contractor on the fifth (5th) anniversary of the date Acceptance is achieved. 20.3.3 In the event that the DBO Contractor fails to fulfil any of its obligations hereunder during the five (5) year period following the date on which Acceptance is achieved, including the correction of defects during the Recall Period and meeting or exceeding the Operational Performance Guarantees, then without prejudice to any other right or remedy it may have under this Agreement, the Owner may, without duplication, set off against the Performance Holdback or draw on any letter of credit deposited with the Owner pursuant to subsection 20.3.5. 20.3.4 In the event that construction liens are preserved against the title to the Project which are not vacated, released or discharged, then the DBO Contractor shall be required to ensure that any portion of the CLA holdback which the Owner must set aside, pay into court or pay to a lien claimant on account of the preservation of a lien is, within two (2) Business Days of the Owner having to do so, refreshed or repaid to the Owner to ensure that the Owner has complied with its obligations under the CLA and has a Performance Holdback equal to five per cent (5%) of the Lump Sum Price. Should the DBO Contractor fail to repay to the Owner any required portion of the CLA holdback, the Owner shall be entitled, without prejudice to any other right or remedy it may have, to set off against any amount otherwise due to the DBO Contractor. 20.3.5 Following the issuance of the Acceptance Certificate, the DBO Contractor shall be entitled, at its option, to substitute security in the form of a letter of credit in an amount equal to the full amount of the Performance Holdback. Such letter of credit shall be a demand letter of credit in favour of the Owner in a form acceptable to the Owner and must be issued by a bank or financial institution...
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Related to Performance Holdback

  • Performance Pay In accordance with Section 8 of the General Appropriations Act for Fiscal Year 2020-2021, contingent upon the availability of funds and at the Agency Head’s discretion, each agency is authorized to grant merit pay increases based on the employee’s exemplary performance, as evidenced by a performance evaluation conducted pursuant to Rule 60L-35, Florida Administrative Code.

  • Performance Share Award If your Award includes a Performance Share Award, and you voluntarily terminate your employment prior to the end of the Performance Period, you will forfeit your entire Performance Share Award. 

  • Performance Share Units The Committee may, in its discretion, grant to Executive performance share units subject to performance vesting conditions (collectively, the “Performance Units”), which shall be subject to restrictions on their sale as set forth in the Plan and an associated Performance Unit Grant Letter.

  • Performance Share Awards On the Performance Share Vesting Date next following the Executive's date of death, the number of Performance Shares that shall become Vested Performance Shares shall be determined by multiplying (a) that number of shares of Company Common Stock subject to the Performance Share Agreement that would have become Vested Performance Shares had no such termination occurred; provided, however, in no case shall the number of Performance Shares that become Vested Performance Shares exceed 100% of the Target Number of Performance Shares set forth in the Performance Share Agreement, by (b) the ratio of the number of full months of the Executive's employment with the Company during the Performance Period (as defined in the Performance Share Agreement) to the number of full months contained in the Performance Period. Vested Common Shares shall be issued in settlement of such Vested Performance Shares on the Settlement Date next following the Executive’s date of death.

  • Performance Deposit Within one Business Day of execution of this Agreement, Purchaser shall pay to Seller by wire transfer a deposit in the amount of Forty Million Dollars ($40,000,000.00) (“Performance Deposit”) to be held by Seller in accordance with this Agreement. In the event that the transactions contemplated by this Agreement are consummated, the Performance Deposit shall be applied to the Purchase Price as set forth in Section 2.5(b) below. In the event this Agreement is terminated, the Performance Deposit plus any interest earned thereon shall be applied in accordance with the provisions of Article X.

  • Performance Shares Each Performance Share is a bookkeeping entry that records the equivalent of one Share. Upon the vesting of the Performance Shares as provided in Section 2, the vested Performance Shares will be settled as provided in Section 3.

  • Performance Units Subject to the limitations set forth in paragraph (c) hereof, the Committee may in its discretion grant Performance Units to any Eligible Person and shall evidence such grant in an Award Agreement that is delivered to the Participant which sets forth the terms and conditions of the Award.

  • Performance; Time Whenever any performance obligation hereunder (other than a payment obligation) shall be stated to be due or required to be satisfied on a day other than a Business Day, such performance shall be made or satisfied on the next succeeding Business Day. In the computation of periods of time from a specified date to a later specified date, the word “from” means “from and including”; the words “to” and “until” each mean “to but excluding”, and the word “through” means “to and including.” If any provision of this Agreement refers to any action taken or to be taken by any Person, or which such Person is prohibited from taking, such provision shall be interpreted to encompass any and all means, direct or indirect, of taking, or not taking, such action.

  • Long-Term Incentive Award During the Term, Executive shall be eligible to participate in the Company’s long-term incentive plan, on terms and conditions as determined by the Committee in its sole discretion taking into account Company and individual performance objectives.

  • Performance Period This Agreement shall be performed during the period which begins Oct 01 2020 and ends Sep 30 2022. All services under this Agreement must be rendered within this performance period, unless directly specified under a written change or extension provisioned under Article 14, which shall be fully executed by both parties to this Agreement.

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