Performance Penalty. The penalty for Contractor's failure to meet ID Card Maintenance (Ongoing) Performance Commitment shall be the amount shown in Attachment A.
Performance Penalty. In the event ASMA fails and/or omi ts to submit the monthly report, the Government shall have the right to impose the performance penalty by deducting from the fee payable to ASMA .
Performance Penalty. In the event that Operator does not meet the Percentage of Product Target goal set out in this Section 9.04 for a given six-month period, Operator will pay a penalty to Owner equal to [***] of the Operator Fee earned during the previous six months; provided, h()’TJ)ever, that in the first such six-month period no penalty will be due unless the Facility has been proven capable of production at [***] of the Product Target. Notwithstanding this provision, no Performance Penalty will apply when products or production fails to meet contract requirements for any reason unless Operator is solely responsible for such loss of product or production. The Performance Penalty described in this Section is meant to constitute liquidated damages and is the Owner’s sole remedy for the Operator’s failure to meet the Product Target.
Performance Penalty. 10.1 Background CONTRACTOR and CITY agree that optimizing collection performance requires that both CONTRACTOR and CITY meet their obligations under this Agreement. Based on CONTRACTOR's projections of increased collections, and CITY's provision of historical financial and reimbursement performance information, CITY has established a Minimum Threshold as a collection performance standard.
Performance Penalty. If the Uptime falls below [*] in any [*] during the Term of this Agreement, then FORTUNE shall have, for a period of sixty (60) days following the determination of Xxxxxx'x failure to meet the Uptime standard for the second such month, the right to terminate this Agreement upon the provision of thirty (30) days written notice to Xxxxxx'x.
Performance Penalty. (a) If Sales Agent is in material breach of its obligations under either the Purchase Agreement or this Agreement and the KSMO Parties are not then in material default under the Purchase Agreement or this Agreement, and such default by Sales Agent shall not have been cured within twenty-five (25) days following written notice from the KSMO Parties of such default (or within such longer period as may reasonably be required to cure such default if not reasonably capable of being cured within twenty-five (25) days and Sales Agent shall have diligently begun working to cure such default within such twenty-five (25) day period) (an “Uncured Material Breach”), in lieu of any right by Licensee to terminate the Purchase Agreement or this Agreement as a result of an Uncured Material Breach, Sales Agent shall owe to the KSMO Parties a performance penalty calculated as follows (the “Performance Penalty”):
Performance Penalty a) Integrated project performance of minimum solar energy to be generated 1.52MU/MWp annually with degradation of 1% for any reason, from second year onwards. If generated units fall short, then Rs.6.50 per unit of short fall will be deducted from WBPDCL payments every year up to 5th year.
