Performance Retention Sample Clauses

Performance Retention. The Owner shall retain five percent (5%) of all progress payments as part security for fulfillment of the Contract. In any contract between CONTRACTOR and a subcontractor the percentage of the retention proceeds withheld may not exceed the percentage specified in this Contract between Owner and CONTRACTOR. This Section shall not be construed to limit the ability of the District to withhold 150 percent of the value of any disputed amount of Work from the final payment, as provided for in subdivision (c) of Section 7107 of the Public Contract Code. Nothing in this section shall be construed to require the Owner to pay for work that is not approved or accepted in accordance with the Contract Documents.
Sample 1
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Performance Retention of the combined CRJ200 fleet specific air range ***, shall not be worse than that specified in the guarantee set forth below. *** *** *** *** *** *** *** *** *** *** *** *** A ***, as detailed in Appendix A, will be used by the Buyer *** and to ***.
Sample 1
Performance Retention. The CDFG or CBDA may withhold, from the invoiced payment amount to the Grantee, an amount equal to ten percent (10%) of that payment. Payments prior to satisfactory completion of all work required by the agreement shall not exceed, in the aggregate, ninety percent (90%) of the total earned with the balance to be paid upon satisfactory completion of the agreement. The State shall retain from the Grantee's earnings for each period for which payment is made an amount equal to ten percent (10%) of such earnings, pending satisfactory completion and acceptance by the ERP Grant Manager of all deliverables and the completion of the agreement. ERP PSP Attachment 3 EXHIBIT B Name of Grantee ERP Grant No. S-04-ER-XXX Project No. ERP-04-CXX Exhibit B Page 5 of 5 INVOICING AND PAYMENT PROVISIONS In turn, the Grantee agrees to retain from its subcontractor’s earnings for each period for which payment is made an amount equal to ten percent (10%) of such earnings, pending satisfactory completion and acceptance by the ERP Grant Manager of all deliverables specified in Scope of Work and List of Deliverables listed in the subcontract . ERP PSP Attachment 3 Name of Grantee ERP Grant No. S-04-ER-XXX Project No. ERP-04-CXXX Exhibit C Page 1 of 3 Exhibit C General Terms and Conditions for ERP Grant Agreements Note that agreements with State agencies may use the GIA 101 in place of this Exhibit C. Some terms and conditions may differ for other agencies (i.e., federal agencies, University of California).
Sample 1
Performance Retention. Owner shall retain five percent (5%) of all progress payments as part security for fulfillment of the Contract. In any contract between Design-Builder and a subcontractor, the percentage of the retention proceeds withheld may not exceed the percentage specified in this Contract between Owner and Design-Builder. Within forty-five (45) days after successful completion of the Initial Acceptance Test by Design- Builder, Owner shall release to owner one half (1/2) of the performance retention. The remaining performance retention shall be held by Owner until after successful completion by Design- Builder of the Final Acceptance Test (see Attachment F, Section 3.0). This section shall not be construed to limit the ability of Owner to withhold 150 percent of the value of any disputed amount of Work from the final payment as provided for in subdivision (c) of Section 7107 of the Public Contract Code. Nothing in this section shall be construed to require Owner to pay for work that is not approved or accepted in accordance with the Contract Documents.
Sample 1
Performance Retention. The District shall retain five percent (5%) of all lease payments as part security for fulfillment of the Contract. In any contract between Contractor and a subcontractor the percentage of the retention proceeds withheld may not exceed the percentage specified in this Contract between the District and Contractor. This Section shall not be construed to limit the ability of the District to withhold 150 percent of the value of any disputed amount of Work from the final payment, as provided for in subdivision (c) of Section 7107 of the Public Contract Code. Nothing in this section shall be construed to require the District to pay for work that is not approved or accepted in accordance with the Contract.
Sample 1

Related to Performance Retention

  • Performance Bonuses The Executive will be eligible to receive an annual cash bonus at an annualized rate of up to 40% of his base salary, based on the achievement of reasonable individual and Company performance targets to be established by the Company and Parent.

  • Performance Review Where a performance review of an employee’s performance is carried out, the employee shall be given sufficient opportunity after the interview to read and review the performance review. Provision shall be made on the performance review form for an employee to sign it. The form shall provide for the employee’s signature in two (2) places, one (1) indicating that the employee has read and accepts the performance review, and the other indicating that the employee disagrees with the performance review. The employee shall sign in only one (1) of the places provided. No employee may initiate a grievance regarding the contents of a performance review unless the signature indicates disagreement. An employee shall, upon request, receive a copy of this performance review at the time of signing. An employee’s performance review shall not be changed after an employee has signed it, without the knowledge of the employee, and any such changes shall be subject to the grievance procedure of this Agreement. The employee may respond, in writing, to the performance review. Such response will be attached to the performance review.

  • Performance Standard Contractor shall perform all work hereunder in a manner consistent with the level of competency and standard of care normally observed by a person practicing in Contractor's profession. County has relied upon the professional ability and training of Contractor as a material inducement to enter into this Agreement. Contractor hereby agrees to provide all services under this Agreement in accordance with generally accepted professional practices and standards of care, as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of Contractor’s work by County shall not operate as a waiver or release. If County determines that any of Contractor's work is not in accordance with such level of competency and standard of care, County, in its sole discretion, shall have the right to do any or all of the following: (a) require Contractor to meet with County to review the quality of the work and resolve matters of concern; (b) require Contractor to repeat the work at no additional charge until it is satisfactory; (c) terminate this Agreement pursuant to the provisions of Article 4; or (d) pursue any and all other remedies at law or in equity.

  • Performance Bonus If Employee's employment is terminated by Employee with cause, or by Bank without cause, Employee shall be paid, in addition to the amounts payable under Sections 3.5 and 3.6 of the Agreement: (i) all non-forfeitable deferred compensation, if any; and (ii) unpaid performance bonus payments, if any, payable under Section 4.2 of the Agreement, which shall be declared earned and payable based upon performance up to, and shall be pro-rated as of, the date of termination. Employee shall not be entitled to such unpaid performance bonus payments if Employee's employment is terminated by Bank with cause, or by Employee without cause.

  • Performance Reporting The State of California is required to submit the following financial reports to FEMA:

  • Performance Excused The Affected Party, to the extent rendered unable to perform its obligations or part thereof under this Agreement as a consequence of the Force Majeure Event shall be excused from performance of the obligations. Provided that, the excuse from performance shall be of no greater scope and of no longer duration than is reasonably warranted by the Force Majeure Event. Provided further, nothing contained herein shall absolve the Affected Party from any payment obligations accrued prior to the occurrence of the underlying Force Majeure Event.

  • Performance Deposit Permittee shall deposit the Performance Deposit required under Paragraph F of this Permit with Port upon execution of this Permit, which sum (and any additions thereto required hereunder) shall be by cash or irrevocable letters of credit, each in a form and from an issuer acceptable in Port’s sole discretion. Any letter of credit provided as a Performance Deposit must be in the form of the letter of credit attached hereto as Exhibit “11”, or such successor form as Port may from time to time require by written notice to Permittee, and shall be drawn on a bank located within the continental United States acceptable to the Port’s Chief Financial Officer. The Port’s preference is for Permittee to provide a letter of credit that can be drawn at a site or counter of such a bank with a branch office located in Oakland or San Francisco, California. (Letters of credit issued through correspondent banks will not be accepted.) Unless the Port receives a written extension or replacement of the letter of credit at least ninety (90) days before the end of the term of the letter of credit, the Port without notice to Permittee, may draw on the letter of credit and retain all proceeds as a cash Performance Deposit pursuant to the terms of this Section 27. The Performance Deposit shall be retained by Port as security for the faithful performance of Permittee’s obligations hereunder and under any other agreement between Port and Permittee. From time to time, the Port shall have the right to increase the amount of the Performance Deposit to reflect any increases in the amount of the total Minimum Annual Guaranty (rounded to the nearest thousand), or to such greater amount required by Port Policy No. AP 509 – Collection of Delinquent Accounts, as such Policy may be amended from time to time, by giving Permittee fifteen (15) days written notice and Permittee shall be obligated to increase the Performance Deposit to such amount by the end of such fifteen

  • Performance Reviews The Employee will be provided with a written performance appraisal at least once per year and said appraisal will be reviewed at which time all aspects of the assessment can be fully discussed.

  • Performance Requirements 1. Neither Party may impose or enforce any of the following requirements, or enforce any commitment or undertaking, in connection with the establishment, acquisition, expansion, management, conduct or operation of an investment of an investor of a Party or of a non-Party in its territory:

  • Performance Condition Notwithstanding the vesting schedule stated in the Award Notification, your Restricted Stock Units shall not vest unless the Company achieves positive Adjusted Net Earnings in any fiscal year during the term of the Award. “Adjusted Net Earnings” means net earnings determined in accordance with GAAP as publicly reported by the Company for a fiscal year, adjusted to eliminate the following: (1) the cumulative effect of changes in GAAP; (2) gains and losses from discontinued operations; (3) extraordinary gains or losses; and (4) any other unusual or nonrecurring gains or losses which are separately identified and quantified, including merger related charges. 

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