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. (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”):
(i) If an Uncured Material Breach exists on a day Sales Agent is required to pay Licensee the Licensee Revenue Share as provided in Schedule 3.1, the Performance Penalty shall be the amount of the monthly JSA Fee (which shall be paid in addition to the Licensee Revenue Share).
(ii) If such Uncured Material Breach continues to exist on the next succeeding day Sales Agent is required to pay Licensee the Licensee Revenue Share as provided in Schedule 3.1, the Performance Penalty shall be two times the amount of the JSA Fee and the Performance Penalty shall be increased in such manner for each succeeding month that the Uncured Material Breach remains uncured as of the day Sales Agent is required to pay Licensee the Licensee Revenue Share as provided in Schedule 3.1.
(b) In the event that Sales Agent shall be obligated to pay any damages hereunder with respect to any indemnity claim by the KSMO Parties (other than with respect to a claim concerning a failure to pay the Licensee Revenue Share in accordance with Schedule 3.1) and Sales Agent shall be obligated to pay or shall have paid a Performance Penalty with respect to the events giving rise to such damages, then the amount of such damages payable by Sales Agent shall be reduced by, and to the extent of, the amount of the Performance Penalty paid to the KSMO Parties less any separate damages payable to the KSMO Parties with respect to such events pursuant to the Purchase Agreement.
Performance Penalty. (a) Xxxxxx’s failure to return the RSS Unit or Units to service within the Repair Time will result in the application of the Performance Penalty as set forth in Section 5.4
(b) below. For purposes of the application of the Performance Penalty, the Repair Time shall commence on the day that Cayuga receives NYSEG’s written notification to Cayuga that NYSEG will pay the full amount, or a lesser amount mutually agreed to by the Parties, of the Additional Expenditures. Cayuga’s failure to return an RSS Unit to service after receipt of the Additional Expenditures from NYSEG shall be a material breach of this Agreement solely if Cayuga fails to exercise Good Utility Practices and act in accordance with the NYISO Tariff in returning an RSS Unit to service.
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.
10.2 Definitions for Performance Penalty:
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. 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 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.
b) Penalty will be deducted from retained Performance Security but if Performance Security ended then penalty will be recovered by invoking PBG
c) WBPDCL reserves the right to adjust any excess / short payment made in the earlier bills, at the time of making payments.
Performance Penalty. The Company shall pay an annual Performance Penalty based upon the value of the airspace lost as a result of the Operational Density calculation results achieved by the Company for the contract year, per Table 3.2 and as further detailed in Appendix 3. When the Company achieves the Penalty Parameter Operational Density shown in Table 3.2, the value of the airspace lost during the year will be calculated as the difference between volume consumed at the achieved Operational Density and the volume that would have been consumed at the Point of Calculation density. The volume of airspace lost will be converted to tons of airspace lost using the achieved Operational density. For the Class I MSW Landfill, the Performance Penalty will consist of a 20% penalty applied to the tons of airspace lost multiplied by the current published Lee County MSW gate rate at the Facility. If the MSW gate rate at the Facility changes during the calculation period, the Performance Penalty will be calculated separately for tons received under each rate. For the Class III Landfill, the Performance Penalty will consist of a 20% penalty applied to the tons of airspace saved multiplied by the current published Lee County Class III gate rate at the Facility. If the Class III gate rate at the Facility changes during the calculation period, the Performance Penalty will be calculated separately for tons received under each rate.
