PERFORMANCE STANDARDS AND LIQUIDATED DAMAGES Sample Clauses

PERFORMANCE STANDARDS AND LIQUIDATED DAMAGES. ‌ 2076 A. General. The Parties find that as of the time of the execution of this Agreement, it is impractical, 2077 if not impossible, to reasonably ascertain the extent of damages which shall be incurred by County 2078 as a result of a breach by Contractor of its obligations under this Agreement. The factors relating 2079 to the impracticability of ascertaining damages include, but are not limited to, the fact that: (i) 2080 substantial damage results to members of the public who are denied services or denied quality or 2081 reliable service; (ii) such breaches cause inconvenience, anxiety, frustration, and deprivation of 2082 the benefits of the Agreement to individual members of the general public for whose benefit this 2083 Agreement exists, in subjective ways and in varying degrees of intensity which are incapable of 2084 measurement in precise monetary terms; (iii) that exclusive services might be available at 2085 substantially lower costs than alternative services and the monetary loss resulting from denial of 2086 services or denial of quality or reliable services is impossible to calculate in precise monetary 2087 terms; and, (iv) the termination of this Agreement for such breaches, and other remedies are, at 2088 best, a means of future correction and not remedies which make the public whole for past 2089 breaches. 2090 B. Service Performance Standards; Liquidated Damages for Failure to Meet Standards. The Parties 2091 further acknowledge that consistent, reliable Collection services are of utmost importance to 2092 County and that County has considered and relied on Contractor's representations regarding its 2093 quality-of-service commitment in awarding the Agreement to it. The Parties recognize that some 2094 quantified standards of performance are necessary and appropriate to ensure consistent and 2095 reliable service and performance. The Parties further recognize that if Contractor fails to achieve 2096 the performance standards or fails to submit required documents in a timely manner, County and 2097 its residents and businesses will suffer damages, and that it is, and will be, impractical and 2098 extremely difficult to ascertain and determine the exact amount of damages which County will 2099 suffer. Therefore, without prejudice to County’s right to treat such non-performance as an event 2100 of default under this Section, the Parties agree that the Liquidated Damages amounts established 2101 in Exhibit F of this Agreement and the Liqui...
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PERFORMANCE STANDARDS AND LIQUIDATED DAMAGES. The definitive agreement will provide for performance standards associated with the collection and post-collection services to be provided by Republic. The performance standards will consider both effort (e.g. number of meetings with customers to offer new programs) and results (e.g. tons of material recycled). The Authority recognizes that Republic will have greater control over the effort on certain programs and greater control over the results on others. As such, the performance standards for each program will be established based on Republic’s ability to control the results. The parties agree to establish effort-based performance standards for the weekly recycling and organics collection program and the source separated commercial organics program. The parties agree to establish results-based performance standards for the commercial dry routing and mixed C&D processing programs. The parties agree that the definitive agreement will also include liquidated damages that may be assessed, at the discretion of the Authority and/or Member Agencies, after written notice to Republic and an opportunity for Republic to cure, in the event that Republic: 1) fails to implement a program; 2) fails to perform specified services required under the agreement; 3) performs the specified service under the agreement in a manner inconsistent with the requirements of the agreement, or applicable law; or, 4) fails to achieve the performance standards defined for each program. These liquidated damages shall be in addition to any other remedy the Authority and/or Member Agencies may have, which may include, but are not necessarily limited to: a determination of breach of contract, termination of the agreement, or litigation.
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PERFORMANCE STANDARDS AND LIQUIDATED DAMAGES. To ensure proper performance of this MOU, FACT will monitor, evaluate, and provide guidance to the VENDOR in the performance of this MOU.
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PERFORMANCE STANDARDS AND LIQUIDATED DAMAGES. Performance Standard Requirement Liquidated Damages to be Imposed
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PERFORMANCE STANDARDS AND LIQUIDATED DAMAGES 
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Related to PERFORMANCE STANDARDS AND LIQUIDATED DAMAGES

  • Performance Standards The Contractor agrees to perform all tasks and provide deliverables as set forth in the Contract. The Department and the Customer will be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof.

  • Performance Standard The Department’s Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department’s Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly.

  • Performance Schedule The Parties will perform their respective responsibilities in accordance with the Performance Schedule. By executing this Agreement, Customer authorizes Motorola to proceed with contract performance.

  • Service Levels All service level requirements will be set forth in Exhibit A (“XXXX.xxx Referral Service Level Requirements”). Recipient Xxxxxx agrees to adhere, and encourage Recipient Agent’s adherence, with the version of the XXXX.xxx Referral Service Level Requirements in effect at the time XXXX.xxx identifies the Referral to Recipient Broker/Agent.

  • Performance Delay Time is of the essence in the Vendor’s performance of this Agreement. If at any time it appears to Vendor that it may not meet any of the performance schedules or the scheduled completion date of the services to be performed for any reason, including labor disputes, Vendor shall immediately by verbal means (to be confirmed in writing) notify Customer of the reasons for and the estimated duration of such delay. If requested by Customer, Vendor shall make every effort to avoid or minimize the delay to the maximum extent possible including the expenditure of premium time. Any additional cost caused by these requirements of Customer shall be borne by Vendor, unless the delay in performance arises out of causes beyond the control and without the fault or negligence of Vendor or its subcontractors within the meaning of the Cancellation- Default clause herein. The foregoing requirements are in addition to any of Customer’s other rights and remedies as may be provided by law or this Agreement.

  • Performance Orders A Performance Order:

  • Performance Warranty Contractor shall warrant all work under this Contract, taking necessary steps and precautions to perform the work to County’s satisfaction. Contractor shall be responsible for the professional quality, technical assurance, timely completion and coordination of all documentation and other goods/services furnished by the Contractor under this Contract. Contractor shall perform all work diligently, carefully, and in a good and workmanlike manner; shall furnish all necessary labor, supervision, machinery, equipment, materials, and supplies, shall at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of County required in its governmental capacity, in connection with performance of the work. If permitted to subcontract, Contractor shall be fully responsible for all work performed by subcontractors.

  • 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 Levels (a) The Performance Levels which apply to the performance by the respective Parties of their obligations under this Agreement are set out in Part 1 of Schedule 5. A failure by either Party to achieve the relevant Performance Level will not constitute a breach of this Agreement and the only consequences of such failure as between the Parties shall be the consequences set out in this Clause 5.6.

  • System for Award Management (XXX) Requirement Alongside a signed copy of this Agreement, Grantee will provide Florida Housing with a XXX.xxx proof of registration and Commercial and Government Entity (CAGE) number. Grantee will continue to maintain an active XXX registration with current information at all times during which it has an active award under this Agreement.

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