Performance Objectives and Standards Clause Samples
Performance Objectives and Standards. During the Term:
(a) Worldspan shall use reasonable business efforts to provide Airline Services for the Northwest Service User Group in accordance with the performance levels provided by Worldspan to the Founder Airlines prior to the Effective Date, including, but not limited to, the performance objectives set forth in Section 2 of Schedule 2.2 hereto (the “Performance Objectives”). However, Worldspan shall not be deemed to be in breach of its obligations under this Agreement or otherwise have any liability to any Northwest Service User as the result of any failure by Worldspan to meet the Performance Objectives.
(b) Worldspan agrees that its performance of Airline Services for the Northwest Service User Group shall meet or exceed the applicable performance standards set forth in Section 3 of Schedule 2.2 hereto (the “Intermediate Performance Standards”). In the event that Worldspan’s performance of Airline Services for the Northwest Service User Group fails to meet any applicable Intermediate Performance Standard during [**] and, after Worldspan has been given written notice of Northwest’s intention to withhold payments to Worldspan as a result of such failure, that failure has not been Cured at any time during the [**] period following such notice, then, in addition to any other remedies permitted by this Agreement, Northwest shall have the right, after giving Worldspan prior written notice thereof, to: [**]
(c) Worldspan agrees that its performance of Airline Services for the Northwest Service User Group shall meet or exceed the applicable performance standards set forth in Section 4 of Schedule 2.2 hereto (the “Minimum Performance Standards”). In the event that Worldspan’s performance of Airline Services for the Northwest Service User Group fails to meet any applicable Minimum Performance Standard during any [**], then, in addition to any other remedies permitted by this Agreement, Northwest shall have the right, after giving Worldspan prior written notice thereof, to: [**] [**] = Confidential treatment requested for redacted portion, redacted portion has been filed separately with the Commission. [**]
(d) In the event that an Event of Default with respect to Worldspan has occurred and this Agreement is being terminated as a result thereof, then any amounts that have been or may be paid into an Escrow Account pursuant to this Section 2.2 shall be treated as follows:
(1) There shall be retained in the Escrow Account any amounts up to, but not to exceed...
