Performance Limitation Sample Clauses

Performance Limitation. NCBCM will use reasonable efforts to provide reliable service in accordance with the terms and conditions of this Agreement. However, NCBCM does not warrant that its operation of the GoIPO Portal will be error free, secure, timely or uninterrupted, or that it will meet all of your needs. Except as specifically provided in this Agreement, NCBCM disclaims all warranties as to the GoIPO Portal and/or the Services including without limitation all implied warranties of merchantability and of fitness for a particular purpose, data accuracy and completeness, or warranties implied from a course of dealing or usage of trade. NCB shall not be liable for the operational failure of the GoIPO Portal, or for any injury, loss or damage howsoever arising (whether from criminal activity or otherwise) that may be suffered by you. NCB shall not be liable for any unauthorized use of your NCB Online Credentials or for any loss resulting from circumstances over which NCB has no direct control including but not limited to your failure to input complete and accurate information, failure of electronic or mechanical equipment or communication lines, telephone or other interconnection problem, operator error or log in sequences. In no event will NCB be liable for damages in excess of your actual loss due to your failure to complete a transaction and NCB will not be liable for any indirect, incidental or consequential damages. NCB shall not be liable for the unavailability at any time of the GoIPO Portal, whatever shall be the cause of such unavailability. 8
Sample 1
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Performance Limitation. Notwithstanding any contrary provision contained ---------------------- herein, Seller shall not be liable for damages or delay of the performance of its duties hereunder due to any circumstance beyond Seller's reasonable control, including but not limited to (i) acts of God, acts of any local, state, federal or foreign government, strikes, riots, storms, fires or explosions; (ii) action or inaction on part of Buyer or Buyer's employees; and (iii) failure on part of Buyer to maintain Buyer's vehicles, vehicular equipment or communications equipment.
Sample 1
Performance Limitation. The Credit Union will use reasonable efforts to provide reliable service in accordance with the Terms and Conditions and the service descriptions appearing on the Credit Union’s website from time to time. However, the Credit Union does not warrant that its operation of N.C.B Employees Co-operative Credit Union Limited Electronic Services will be error free, secure, timely or uninterrupted, or that it will meet all of your needs as a customer/member. Except as specifically provided in this Agreement, the Credit Union disclaims all warranties as to the N.C.B Employees Co-operative Credit Union Limited Electronic Services including without limitation all implied warranties of merchantability and of fitness for a particular purpose, data accuracy and completeness, or warranties implied from a course of dealing or usage of trade. The Credit union shall not be liable for the operational failure of the N.C.B Employees Co-operative Credit Union Limited Electronic Services, or of any participating ABM or Point-of-Sale Device or for any injury, loss or damage howsoever arising (whether from criminal activity or otherwise) that may be suffered by the Member or Cardholder in the use of the ABM or Point-of-Sale Devices or on or near premises housing same, or in the use of the N.C.B Employees Co-operative Credit Union Limited Electronic Services. The Credit Union shall not be liable for any unauthorized use of the Card or for any loss resulting from circumstances over which the Credit Union has no direct control including but not limited to the Cardholder's failure to input complete and accurate information, failure of electronic or mechanical equipment or communication lines, telephone or other interconnection problem, operator error or log in sequences. In no event will the Credit Union be liable for damages in excess of a Member’s or Cardholder's actual loss due to the Member’s or Cardholder's failure to complete a transaction and the Bank will not be liable for any indirect, incidental or consequential damages. The Credit Union shall not be liable for the unavailability at any time of the N.C.B Employees Co- operative Credit Union Limited Electronic Services, whatever shall be the cause of such unavailability. Force Majeure -The Credit Union shall not be liable to you for any delay or failure to perform its obligations under this Agreement if such delay or failure arises from any cause or causes beyond its reasonable control including but not limited to industrial d...
Sample 1

Related to Performance Limitation

  • Performance Measure The specific representation of a process or outcome that is relevant to the assessment of performance; it is quantifiable and can be documented

  • 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 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.

  • Vesting Generally LTIP Units may, in the sole discretion of the General Partner, be issued subject to vesting, forfeiture and additional restrictions on Transfer pursuant to the terms of an award, vesting or other similar agreement (a “Vesting Agreement”). The terms of any Vesting Agreement may be modified by the General Partner from time to time in its sole discretion, subject to any restrictions on amendment imposed by the relevant Vesting Agreement or by the Plan, if applicable. LTIP Units that were fully vested when issued or that have vested and are no longer subject to forfeiture under the terms of a Vesting Agreement are referred to as “Vested LTIP Units”; all other LTIP Units shall be treated as “Unvested LTIP Units.”

  • Performance Shares The Performance Shares earned by the Grantee will be determined and delivered to the Grantee as soon as practicable subsequent to the determination of the Corporation’s financial results for the Performance Cycle and approval by the Plan Administrator. The corresponding shares of the Corporation’s common stock will be purchased on the open market.

  • 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.

  • Limitation on Rights; No Right to Future Grants; Extraordinary Item of Compensation By entering into this Agreement and accepting the Performance Stock Units evidenced hereby, the Participant acknowledges: (i) that the Plan is discretionary in nature and may be suspended or terminated by the Company at any time; (ii) that the Award does not create any contractual or other right to receive future grants of Awards; (iii) that participation in the Plan is voluntary; (iv) that the value of the Performance Stock Units is not part of normal or expected compensation for purposes of calculating any severance, resignation, redundancy, end of service payments, bonuses, long-service awards, pension or retirement benefits or similar payments; and (v) that the future value of the Common Stock is unknown and cannot be predicted with certainty.

  • 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 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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