Performance Requirement. 1) The Contractor shall divert a minimum of 50 percent (50%) of the total Project construction and demolition waste from landfills.
Performance Requirement. The Performance RSUs shall, so long as the Participant remains employed with the Company or its Subsidiaries through the end of the Performance Period (or except as otherwise provided in Section 2(a)(i) above), become vested, earned and no longer subject to forfeiture in such number of Performance RSUs as shall be determined as set forth on Exhibit A hereto. Whether and to what extent the Performance RSUs shall become vested and earned shall be determined at a meeting of the Committee (such meeting date, the “Performance Vesting Date”) as soon as practicable following the end of the Performance Period pursuant to a certification by the Committee of the Company’s achievement, if any, of the applicable performance goals set forth on Exhibit A hereto.
Performance Requirement. Neither Contracting Party shall in its territory impose mandatory measures on investments by investors of the other Contracting Party, concerning the purchase of materials, means of production, operation, transport, marketing of its products or similar orders having unreasonable or discriminatory effects. This paragraph shall not apply to measures taken in accordance with the laws and regulations in the course of government procurement of goods and services at any level of the government of the Contracting Party.
Performance Requirement. Except as otherwise provided by Section 3, Section 5 or the Participant’s Award Communication, the vesting of a Participant’s Option is subject to and conditioned upon the Company achieving [ ] over the period beginning [ ] and ending on [ ].
Performance Requirement. Except as otherwise provided by Section 2 or Section 4, or by the Participant’s Award Communication for an Award granted in a special situation (such as a grant to a newly hired or promoted Participant), the vesting of a Participant’s Award is subject to and conditioned upon: (i) the Company achieving at least the threshold level of performance under the Performance Requirement for the Performance Period, each as set forth on Schedule A, (ii) the Committee certifying the level of performance achieved under the Performance Requirement for the Performance Period and determining the RSU Payout Percentage pursuant to Schedule A based on such certified level of performance achieved, (iii) the Committee determining the number of shares eligible for vesting (the “Earned Shares”) based on the RSU Payout Percentage, and (iv) the Committee approving the vesting and payment of the Earned Shares. (For the avoidance of doubt, the number of Earned Shares under a Participant’s Award may exceed the Award’s Number of Shares in the event of above-target performance.) This performance requirement is intended to qualify the Award for the “performance-based” compensation exception to Section 162(m) of the Code, and it shall be administered, interpreted and applied consistent with such intent. Notwithstanding any other provision of this Agreement, if the requirements of this Section 1(c) are not satisfied, then except as otherwise provided by Section 2 or Section 4, the Participant’s Award will be forfeited.
Performance Requirement. The failure of the State to insist upon strict performance by the Subrecipient of any provision or covenant in this Agreement, in any one or more instances, may not be considered as a waiver or relinquishment of the provision or covenant for the future. The waiver by the State of any provision or covenant in this Agreement cannot be enforced or relied upon by the Subrecipient unless the waiver is in writing and signed on behalf of the State.
Performance Requirement. The Contractor-provided Project Facility must be fully functional and capable of being occupied by the Project Team within 135 (one hundred thirty five) Calendar Days of the Effective Date. “
Performance Requirement. F.N.B.’s relative return on average tangible common equity (“ROATCE”), as calculated under Section 3(c)(i) herein, during the four year period beginning on January 1, 2010, and ending on December 31, 2013 (the “Performance Period”), is greater than or equal to the 25th percentile of the peer financial institutions’ (identified in Schedule 1 attached hereto and hereinafter referred to as the “Peer Financial Institutions”) ROATCE during the Performance Period as approved by the Committee on March 17, 2010 (“ROATCE Performance Goal”).
Performance Requirement. It is critical to State’s interest that Final Acceptance of the System occurs on or before the date agreed to in the Statement of Work. Contractor's capability to meet this date will be determined by Agency following the conclusion of the Implementation Task, in accordance with Section 3.6 of this Contract. If Agency determines that the System is not ready for Final Acceptance on the specified date, then assessments will be made until such time as Agency determines that either a) Final Acceptance may occur, or b) that Contractor is in default. Damages If Final Acceptance does not occur on or before the date agreed to in the current Accepted Project Implementation Plan and Project Schedule, then Contractor will be liable for all additional project costs incurred by Agency beyond the specified Final Acceptance date that would not have otherwise been incurred. These project costs include: The cost of extending other Contractors performing project-related work for State; The cost of extending the Agency project team as required to assess the System for Final Acceptance after the initial Final Acceptance assessment.
Performance Requirement. It is critical to State’s interest that the System and Contractor’s staff, agents, and subcontractors comply with Security Requirements at all times. Liquidated Damages If the System does not meet the Security Requirements, Contractor shall pay liquidated damages in the amount of _____ dollars ($___) per Calendar Day per violation until Agency determines the violation has been corrected and that the System meets the Security Requirements. If Contractor, including its employees, agents, and subcontractors, fails to comply with Security Requirements, Contractor will pay liquidated damages in the amount of _____ dollars ($___) per Calendar Day per violation until Agency determines the violation has been corrected and that the System meets the security requirements. In addition to the liquidated damages due Agency, Contractor shall be liable to Agency for all penalties and fines assessed by State or the federal government for violation of any Security Requirement, and all third party claims.
