Performance Penalties. 21. 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. 11. 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. Provider acknowledges and agrees that under the Agreement, Plan 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. (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.
Performance Penalties. 11.1 Contractor shall report monthly to the Township and the CRC on the number of complaints and customers missed.
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.
Performance Penalties. Any liquidated damages or other performance penalties paid to MWSS under any Existing Project or UATP shall promptly be paid over the Concessionaire and treated as a Receipt under the Concession.
Performance Penalties. CONTRACTOR acknowledges that time is of the essence with respect to CONTRACTOR's timely and continuous performance of the Services, and that upon failure of CONTRACTOR at any time during the Term to perform the Services within any time periods specified under this Agreement (including, without limitation, failing to timely and continuously comply with the required schedules and hours of operation for the Project), CONTRACTOR shall pay to the CITY the sums specifically set forth herein. Performance Penalties are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by the CITY as a consequence of the CONTRACTOR's failure to meet the minimum performance standards set forth in this Agreement and the resulting deterioration in service, and both parties desiring to obviate any question of dispute concerning the amounts of said damages. The CITY shall have the right to deduct from and retain out of moneys which may be then due (or which may become due and payable), to CONTRACTOR, the amount of such Performance Penalties, and the CONTRACTOR shall pay in full such Performance Penalties. Upon determination by the CITY of a failure to meet an established performance measure, a written notification will be delivered to the CONTRACTOR's home office via email, with a copy to its local Project Manager at the time of invoice processing for services provided. Performance Penalties will not be applied without the CONTRACTOR receiving a written notice specifying the issue and detailing the time and nature of the occurrence. The CONTRACTOR shall take all reasonable actions requested by the CITY to promptly correct any deficiencies in performance. In the event that the CONTRACTOR fails to meet any performance standard established under this Agreement, adjustments in the CITY payment to the CONTRACTOR will be made as described below. The cumulative amount paid by the CONTRACTOR for performance penalties shall not exceed $1,500 per day (based on a cumulative total of twenty-five vehicles in operation per day (all loops in operation)). For the reduced service levels, cumulative amount paid by the CONTRACTOR for performance penalties shall not exceed $60 per day per vehicle. For example, if service is operated with 15 vehicles, the cumulative amount paid by the CONTRACTOR for performance penalties shall not exceed $900 per day.
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.
