Performance Shortfalls Sample Clauses

Performance Shortfalls. In the event that DST violates the Performance Standard for any KPI (hereinafter, a “Performance Shortfall”), DST shall contact the Trust to discuss the causes of the Performance Shortfall and the remedial actions that shall be taken to improve performance. Within a mutually agreeable period after such discussion, DST shall prepare and present to the Trust a corrective action plan to address and correct the cause of the Performance Shortfall.
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Performance Shortfalls. 10.5.1 Prior to the Guaranteed Provisional Acceptance Date, if the Project has achieved the Minimum Performance Level necessary for Provisional Acceptance, as determined pursuant to Section 11.6, Determination of Performance, of Article XI,
Sample 1
Performance Shortfalls. To the extent applicable, Contractor shall pay in full to Owner all amounts required to compensate Owner for any XXXX performance shortfalls.
Sample 1
Performance Shortfalls. If the Project fails to achieve all or any part of the Final Acceptance Performance Level after the Guaranteed Final Acceptance Date but all other requirements for Final Acceptance have been met, Contractor shall submit a Remedial Plan reasonably acceptable to Owner and take appropriate corrective action and repeat the Tests, at Contractor’s sole cost. Notwithstanding the foregoing and subject to the terms and conditions contained herein, Contractor may repeat the Tests until the earliest of: the Outside Completion Date; or achievement by Contractor of the Final Acceptance Performance Level. Contractor shall provide a written report of the results of each Test to Owner. Punch List No later than thirty (30) days before the expected Final Acceptance Date, Contractor shall prepare and submit to Owner a comprehensive list (the “Punch List”) of items to be completed. The Punch List shall not include any item that affects the safety, reliability or operability of the Equipment, the Plant or any portion thereof or requires a shut‑down or reduced operation of the Equipment, the Project or any portion thereof to be completed. Contractor shall make such revisions to the Punch List as and when reasonably requested by Owner from time to time.
Sample 1

Related to Performance Shortfalls

  • Performance Adjustment One-twelfth of the annual Performance Adjustment Rate will be applied to the average of the net assets of the Portfolio (computed in the manner set forth in the Fund's Declaration of Trust or other organizational document) determined as of the close of business on each business day throughout the month and the performance period.

  • Performance Cycle The Performance Cycle for this Award shall commence on May 1, 2005, and shall end on December 31, 2007.

  • Performance Period This Agreement shall be performed during the period which begins Oct 01 2020 and ends Sep 30 2022. All services under this Agreement must be rendered within this performance period, unless directly specified under a written change or extension provisioned under Article 14, which shall be fully executed by both parties to this Agreement.

  • Annual Performance Bonus In the discretion of the Company's Compensation Committee, the Executive shall be eligible to receive an annual performance bonus payable in cash for each full or partial fiscal year of the Company during the Employment Period in accordance with the Company's performance-based bonus program for Executive Officers.

  • 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 Award You are hereby awarded, on the Grant Date, a Performance Award with a target value of [AMOUNT].

  • Performance Measure The specific representation of a process or outcome that is relevant to the assessment of performance; it is quantifiable and can be documented

  • Performance Awards With respect to any Performance Award, the length of any Performance Period, the Performance Goals to be achieved during the Performance Period, the other terms and conditions of such Award, and the measure of whether and to what degree such Performance Goals have been attained will be determined by the Board.

  • Adjustment of Minimum Quarterly Distribution and Target Distribution Levels (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution, Third Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section 5.10. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Capital of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Capital of the Common Units immediately prior to giving effect to such distribution.

  • Performance Targets Threshold, target and maximum performance levels for each performance measure of the performance period are contained in Appendix B.

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