Performance Level. Any maintenance services beyond the warranted performance shall be specified and priced in a designated agreement. If the parties have concluded a maintenance and service agreement, the performance level of such agreement shall also form the basis for the warranted performance. If no maintenance agreement has been concluded, the performance level during the warranty period shall be specified in Appendices 1 and/or 2. Moreover, all work involved in curing errors and defects shall be commenced and completed without undue delay after the Contractor has received notice of such errors or defects. The second to last paragraph of clause 5.1 shall apply correspondingly. If the Contractor chooses to rectify errors during the warranty period by delivering a new version of the software, the Contractor shall not be entitled to any consideration in respect of the new version, even if it contains improvements. The Contractor may only rectify errors and defects by way of the delivery of a new version if the Customer is able to utilise such new version on the Customer's existing technical platform.
Performance Level. At any time, each nameserver (including a cluster of nameservers addressed at a shared IP address) MUST be able to handle a load of queries for DNS data that is three times the measured daily peak (averaged over the Monthly Timeframe) of such request on the most loaded nameserver.
Performance Level. The Registry Operator will, on average, be capable of processing 40 Transactions per second.
Performance Level. Shares of restricted Stock will vest only if the Threshold Performance Level is achieved during the Performance Period: (i) TSR and ROA greater than or equal to the 25th percentile of the Peer Group and (ii) earnings per share are above $0. Both TSR and ROA contribute individually and equally to the payout such that performance below the 25th percentile on one measure individually does not prevent the second measure from generating payment for performance achieved at or above the 25th percentile. Notwithstanding any provision contained in this Agreement, earnings per share must be greater than $0 in order for any shares of restricted Stock to vest.
Performance Level. The Parties will mutually agree on the performance levels Company will be expected to meet or exceed in its operations on the Uber platform. Performance metrics and targets will be established by mutual agreement in each Project Plan, and may be updated from time to time by mutual written agreement.
Performance Level. The term “Performance Level” means the Threshold, Target or Maximum Performance Level specified in § 3(a).
Performance Level. Each bargaining unit member's evaluation shall include, at the conclusion of the report, the statement: "Considering all factors, the work performance of the bargaining unit member is: Satisfactory Needs Improvement Unsatisfactory (check one)"
Performance Level. Any change in the applicable Performance Level; provided, however, that the failure to provide such notice shall not delay or otherwise affect any change in the Applicable Margin or other amount payable hereunder which is to occur upon a change in Performance Level pursuant to the terms of this Agreement.
7.4 Conduct of Business and Maintenance of Existence. Continue to engage in business of the same general type as now conducted by it and preserve, renew and keep in full force and effect its and each Subsidiary's corporate existence and take all reasonable action to maintain all rights, privileges and franchises material to its and those of each of its Subsidiaries' business except as otherwise permitted pursuant to Sections 8.3 and 8.10 and comply and cause each of its Subsidiaries to comply with all Contractual Obligations and Requirements of Law except to the extent that failure to comply therewith would not in the aggregate reasonably be expected to have a Material Adverse Effect.
Performance Level. Any change in the applicable Performance Level; provided, however, that the failure to provide such notice shall not delay or otherwise affect any change in the Applicable Margin or other amount payable hereunder which is to occur upon a change in Performance Level pursuant to the terms of this Agreement.
