Performance Penalties. No performance penalties will be charged or be payable if the Provider does not perform the Services within the time frame provided by this Agreement.
Performance Penalties. No performance penalty will be charged if the Contractor does not perform the Services within the time frame provided by this Agreement.
Performance Penalties. The full Successful Performance Test Payment amount shall only be due and payable by BUYER to UTCP upon the occurrence of a Successful Performance Test. In the event that Facility performance is below the Contract Performance Benchmark, or the Adjusted Performance Benchmark, as applicable, the Successful Performance Test Payment shall be reduced in accordance with the performance penalty schedule attached hereto as Exhibit F (the “Performance Penalties”). The Parties agree that if a Performance Test has not occurred within one-hundred and eighty (180) days following the Guaranteed Mechanical Completion Date, the entire Successful Performance Test Payment shall be forfeited by UTCP.
Performance Penalties. (a) Seller acknowledges the importance to Buyer of the availability and quality of Thermal and Electric Energy from the Combined Facilities required to satisfy Buyer's Electric and Thermal Energy Requirements. Seller shall establish operation and maintenance procedures, undertake periodic overhauls and replacements for capital equipment, and maintain appropriate monitoring equipment, which monitoring equipment Buyer and Seller shall mutually agree upon and which Buyer shall cause Seller to install, the costs of which shall be included in the Combined Facility costs.
(b) During the Term of this Agreement, upon discovery by either party of the unavailability of the Combined Facilities or failure of the Combined Facilities to deliver Electric and Thermal Energy meeting the Electricity, Steam and Chilled Water Standards, such party shall, regardless of the cause thereof, immediately notify the other party and thereafter Seller shall use diligent efforts, subject to reasonable Combined Facilities operating restrictions, to remedy such Combined Facilities unavailability and resume the production and delivery of Thermal Energy which satisfies the Electricity, Steam and Chilled Water Standards. The costs of acquiring replacement Electricity and Thermal Energy shall be borne by Buyer under the same terms as Buyer pays Seller for all energy, wherever its source unless such unavailability is due to the breach of Seller of its obligations under this Agreement and not due to an Event of Force Majeure or a third party acting on behalf of Seller in connection with the performance of Seller’s obligations under this Agreement. Seller shall not be responsible for compensating Buyer for any form of damages, including consequential, indirect or special damages or for lost profits or revenues as a result of unavailability of the Combined Facilities to satisfy Buyer's Electric and Thermal Energy Requirements or the failure of the Thermal Energy produced thereby to satisfy the Steam and Chilled Water Standards.
(c) Seller shall pay to Buyer and shall pay and include in the operating costs of the Combined Facilities an amount not to exceed fifty thousand dollars ($50,000) by which the Buyer may contract with an independent engineer to review the design and supervise the construction of the combined facilities. Seller shall pay to Buyer and shall include in the operating costs of the Combined Facilities an amount not to exceed $25,000 per year for each year of this Agreement by wh...
Performance Penalties. The Executive Director shall have the right to assess the performance penalties set forth below in the event of Contractor’s nonperformance. City shall have the right to deduct from the Management Fee any such performance penalties assessed by City. The assessment of such performance penalties shall be in addition to (and not in lieu of) any and all rights and remedies of City in the event of such nonperformance by Contractor. City’s assessment or acceptance of any such performance penalty shall not constitute a waiver nor prevent the exercise of any other rights or remedies by City for such nonperformance by Contractor. Contractor acknowledges that such performance penalties are a reasonable estimate of additional administrative and other costs that will be incurred by City as a result of such nonperformance by Contractor and are fair and reasonable under the circumstances.
Performance Penalties. If the Cleaning Services Provider does not perform the Services within the time frame provided by this Agreement, a performance penalty will be charged as follows: The compensation owing under this Agreement will be reduced by $55.00 for each week that cleaning is not completed without prior notice and approval.
Performance Penalties. HCD reserves the right to withhold ten percent of Contractor payment amount if any of the performance milestones listed above is not reached. Such retained amount shall be withheld until Contractor documents to the satisfaction of HCD that they have come into compliance with the above performance measures. Contractor shall be excused from the performance obligations of Section K.1) above to the extent that Contractor’s non- compliance is as the result of HCD failure to perform under this Agreement and such failure prevented contractor from timely satisfying the applicable performance milestone. HCD will use reasonable efforts to ensure subgrantees and their subrecipients and contractors cooperate with Contractor in providing TA and capacity building.
Performance Penalties. Operator is bound to perform as per terms and conditions laid down in the Tender Documents including RFP, PIM, and the Agreement, Pre Bid Clarification, Addendum, Corrigendum. Non- performance or lack of performance shall be viewed seriously resulting into levy of monetary penalties as prescribed in PIM and in ANNEXURE II.
Performance Penalties. Provider acknowledges and agrees that under the Agreement, Xxxx has the right to impose any of the performance penalties set forth herein singly or in any combination: De-delegation. If Health Plan has delegated function(s) or activity(s) under this Agreement, Health Plan may de-delegate a function assigned to Provider that has led to an administrative, financial, and/or other issue which does, or threatens to, seriously and adversely impact Member care or access to care. In addition to de-delegating a function, Health Plan shall reduce Provider’s payment based upon an agreed upon dollar amount associated with Health Plan’s costs to perform the previously delegated function; Withhold Capitation: Health Plan may withhold a portion of capitation payment based upon Health Plan's reasonable analysis of the impact of the cost associated with the impact of the performance deficiency or issue, including but not limited to costs incurred to mitigate the impact of the performance deficiency or issue. Any such capitation withhold, or portion thereof, may be restored to Provider upon Health Plan's determination of satisfactory correction of the performance deficiency or issue (with any interest on such withholding retained by Health Plan);
Performance Penalties. Upon two (2) business days after the Execution Date, Xxxxxx Xxxx shall pay to Aurora Coop by wire transfer all penalties accrued under Section 10.2 of the MDA through and including the Effective Date and all penalties under Section 10.2 of the MDA that will accrue during the period commencing on the Effective Date through September 30, 2010.
