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...
Performance Levels. Many factors affect the speed of access to the Internet. Internet users are not guaranteed the maximum service performance (throughput speed) levels but reasonable efforts will be made to ensure the highest possible quality of service is delivered. Internet users understand that any content that they may access may be subjected to “caching”. Simultaneous use of bandwidth applications (e.g.: streaming media) by multiple users may result in a user experience that is slower when compared to single user. Reasonable efforts will be made to ensure availability of the Internet services to users. Service outages for routine maintenance, equipment or service failures, or emergency servicing will happen over the course of the year and LANDLORD shall have no liability for any outages.
Performance Levels. (a) If a notice is given under the Train Operations Deed that a party considers that the Performance Levels are no longer appropriate:
(i) Aurizon Network must promptly provide a copy of the notice to the Access Holder; and
(ii) the Parties and the Operator must use reasonable endeavours to agree on varied Performance Levels.
(b) If the Parties and the Operator are unable to agree to such variations then the existing Performance Levels will continue to apply unless varied by Aurizon Network in accordance with clause 12.2(a)(iv) of the Train Operations Deed.
Performance Levels. (a) The Union recognizes the Centers’ right to establish and/or revise performance standards or norms notwithstanding the existence of prior performance levels, norms or standards. Such standards, developed by usual work measurement procedures may be used to determine acceptable performance levels, prepare work schedules and to measure the performance of each employee or group of employees. Notwithstanding the above, questions concerning the practical impact that decisions on the above matters have on employees are within the scope of collective bargaining. The Centers will give the Union prior notice of the establishment and/or revision of performance standards or norms hereunder.
(b) Employees who work at less than acceptable levels of performance may be subject to disciplinary measures in accordance with Article XXI of this Agreement.
Performance Levels. (a) The Union recognizes the University's right under Article 14 of the New York State Civil Service Law and Article 125 of the New York State Education Law to establish and/or revise performance standards of norms notwithstanding the existence of prior performance levels, norms or standards. Such standards, developed by usual work measurement procedures may be used to determine acceptable performance levels, prepare work schedules and to measure the performance of each employee or group of employees. Notwithstanding the above, questions concerning the practical impact that decisions on the above matters have on employees are within the scope of collective bargaining. The University will give the Union prior notice of the establishment and/or revision of performance standards or norms hereunder.
(b) Employees who work at less than acceptable levels of performance may be subject to disciplinary measures in accordance with Article XXIX of this Agreement.
Performance Levels. 10.4.6.1 Performance levels will be rated as one of the following using observation data and scoring it with the District rubric: • Highly Effective • Effective • Partially Effective • Ineffective
10.4.6.2 If a licensed employee’s overall performance rating is effective or highly effective, the evaluator and employee shall agree upon goal areas for the following year based on sub-dimension ratings in the summative evaluation document. The goal areas will be developed into a Professional Growth Plan by the teacher the following school year.
10.4.6.3 If a licensed employee’s overall performance rating is partially effective or ineffective, he or she will receive written notice of the Performance Evaluation Rating and will participate in a process for improvement during the following academic year.
10.4.6.3.1 In accordance with state law, this process shall provide documentation of data used in measuring performance, identification of deficiencies, and an opportunity to improve effectiveness through an improvement plan that links evaluation and performance standards to professional development opportunities.
10.4.6.3.2 If the evaluation shows the licensed employee is not performing effectively for a second consecutive year, he or she shall receive written notice that his or her performance evaluation shows a rating of ineffective, a copy of the documentation relied upon in measuring the person's performance, and identification of deficiencies.
Performance Levels. The“XXXXxxx.xx Technical Call Centre’s” target performance level objective with respect to answering Hotline Calls (defined below) is to answer eighty percent (80%) of all calls within ten (10) minutes. In the event that the entire “XXXXxxx.xx Technical Call Centre” is busy, the “XXXXxxx.xx Technical Call Centre” commits to responding to any calls/communications within four (4) hours.
Performance Levels. Contractor shall provide the Solution and perform the Services with promptness and diligence, and in all events by the times specified therefor in the applicable project documentation, Solutions Order, or Services Order as applicable. Contractor shall be responsible for the management of all Contractor Personnel in the performance of Services, the integrity and quality of all Services and all applications and Deliverables, and the required periodic reporting of the status of all Services and such applications and Deliverables to State. In fulfilling its obligations under this Agreement, Contractor shall perform, and shall cause each Contractor Solution Partner to perform, all Services and all Deliverables to perform, in accordance with the response, resolution, and other support standards and timelines and such other systems availability and processing requirements as are set forth in the applicable Services Order (the "Performance Levels"). If State management, including the State Relationship Manager or Project Manager, provides feedback or performance assessments that identify areas requiring Contractor improvements, Contractor shall provide State written acknowledgement within three (3) business days of receipt of the assessment and a comprehensive response, including a formal mitigation action plan, within ten (10) business days of receipt of the assessment addressing each of the identified areas requiring Contractor improvement.
Performance Levels. Many factors affect the speed of access to the Internet. Internet users are not guaranteed the maximum service performance (throughput speed) levels but every reasonable effort will be made to ensure the highest possible quality of service is delivered. Internet users understand that any content that they may access may be subjected to “caching”. Simultaneous use of bandwidth applications (e.g.: streaming media) by multiple users may result in a user experience that is slower when compared to single user. Every reasonable effort will be made to ensure high availability of the Internet services to the Internet user. Service outages for routine maintenance, equipment failures, or emergency servicing will happen over the course of the year and the Landlord will not be held responsible except only to the extent of Landlord’s negligence or willful misconduct.
Performance Levels. To the extent permitted by applicable law, Your Service Provider does not guarantee, warrant, or make any representations as to the availability or performance of the Service. Speed is a function of the bottlenecks experienced upon the wider network architecture of the Internet itself. As such, Your Service Provider does not guarantee the maximum Service performance (throughput speeds) levels. You understand that any content that you may access through the Service may be subject to "caching" at intermediate locations on the Internet. Similarly, simultaneous use of high bandwidth applications (for example, streaming media) by one or more users may result in an experience that is slower when compared to a single application used by a single user.
