Performance Penalties Clause Samples

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. The question of what penalties or other action might be appropriate in any situation where ICI believes, based on a statistically significant number of reports described above, that Bell Atlantic is not complying with the performance standards referenced in subsection 27.1 above shall be resolved, in the first instance, through negotiations between the Parties and, failing successful negotiations, through the complaint processes of the Commission, the FCC, or a court of competent jurisdiction. ▇▇ agrees to join ICI in encouraging the Commission to develop expedited procedures for the resolution of any performance-related complaints.

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. The question of what penalties or other action might be appropriate in any situation where KMC believes, based on a statistically significant number of reports described above, that ▇▇▇▇ Atlantic is not complying with the performance standards referenced in subsection 27.1 above shall be resolved, in the first instance, through negotiations between the Parties and, failing successful negotiations, through the complaint processes of the Commission, the FCC, or a court of competent jurisdiction. BA agrees to join KMC in encouraging the Commission to develop expedited procedures for the resolution of any performance-related complaints.

Performance Penalties. 5.1. If XXXX fails to deliver the loop in time specified in section 2.4.2.1 of this Attachment, XXXX shall waive the Service Order charges outlined in section 3 of Attachment 1 for provisioning that customer loop. If the loop is still not delivered by four Business Days after the date specified in section 2.4.2.1 of this Attachment (i.e. 8 Business Days after it was ordered), XXXX will credit Covad the equivalent of one month’s charge for the loop in question as stated in section 3 of Attachment 1. For each Business Day that the loop is not provisioned thereafter, XXXX will credit Covad an additional month of the monthly loopcharge. 5.2. If XXXX fails to deliver to Covad the collocation site in the time frames specified in section 2.4.2.2 of this Attachment, then XXXX shall waive the Application fee outlined in section 3 of Attachment I. If the collocation site is still not handed over to Covad within five Business Days after the date specified in section 2.4.2.2 of this Attachment, then XXXX will credit Covad the equivalent of one month’s charges for that site as specified in Table 2 of Attachment 1. For each Business Day that XXXX fails to hand over the collocation site to Covad thereafter, XXXX will credit Covad an additional month of the monthly charges specified in Table 2 of Attachment 1 for that collocation site.

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. Upon the occurrence and continuance of [*] or more of the following events for a period of [*] or more consecutive calendar months during the Term in which Chautauqua operates twenty-five (25) or more Aircraft in the Service, and no Performance Exception or Force Majeure Event has occurred for any such month, then Chautauqua shall pay to US Airways [*] each calendar month during such period: (i) Chautauqua’s Controllable Fleet Launch Percentage is less than [*]; (ii) Chautauqua’s Controllable On-Time Departure Percentage is less than [*]; (iii) Chautauqua’s Controllable Completion Percentage is less than [*].

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.