Performance Terms Sample Clauses

Performance Terms. (a) The terms of this Section 2 will apply to your Performance Stock Units except in so far as Section 3 ("Treatment Upon Termination") or Section 5 ("Change in Control") apply. (b) The performance period (the “Performance Period”) for your Performance Stock Units will be the three-year period commencing ________, 20__ and ending ________, 20__. Following the conclusion of the Performance Period, the Committee shall certify in writing the number of Performance Stock Units which are payable (your “Final Performance Stock Units”). The Committee will calculate your Final Performance Stock Units by multiplying your Performance Stock Units (at target) by the “Performance Factor.” The Performance Factor means a percentage (from zero to 150%) which is based on the Corporation’s Total Shareholder Return during the Performance Period compared to the companies in the S&P 400 MidCap Index, determined according to Table 1 of this Agreement. (c) All determinations made by the Committee shall be binding and conclusive on all parties.

Performance Terms. (a) Grant Date and number of Stock Units

Performance Terms. Portfolio Manager acknowledges that energy savings will be calculated using CalTRACK version 2.0 as implemented by the AMV Platform managed by NYSERDA. Energy savings as calculated by the AMV Platform will form the Basis-of-Payment.

Performance Terms. Based on representations made by the Employee, as well as expectations of the Employer, the following performance terms are entered into: [See attachment “A”] The Employee understands that failure to reach said benchmarks or performance terms may result in reassignment, demotion or termination. Employee further understands that reaching these benchmarks or performance terms constitutes a reasonable and substantial condition of employment but does not in any way guarantee or promise continued employment.

Performance Terms. (a) The terms of this Section 2 will apply to your Performance Stock Units except in so far as Section 3 ("Treatment Upon Termination") or Section 5 ("Change in Control") apply. (b) The performance period (the “Performance Period”) for your Performance Stock Units will be the three-year period commencing ______ 20__ and ending on or near _________, 20__. The performance period end date is an estimate based on the projected date of the last day of Fiscal 20__ and may be subject to change. Following the conclusion of the Performance Period, the Committee shall certify in writing the number of Performance Stock Units which are payable (your “Final Performance Stock Units”). The Committee will calculate your Final Performance Stock Units by multiplying your Performance Stock Units (at target) by the “Performance Factor.” The Performance Factor means a percentage (from zero to 200%) which is based on the Corporation’s Economic Return during the Performance Period, determined according to Table 1 of this Agreement. (c) All determinations made by the Committee shall be binding and conclusive on all parties.

Performance Terms. OCF agrees to abide by the following terms and conditions and provide the following documentation to the City: (a) OCF will develop and revise a strategic plan. The initial strategic plan will be drafted on or before October 15, 2011. (b) OCF will prepare an annual report within 90 days of the close of its fiscal year, and will invite the public to a meeting on the report, encouraging community input. OCF will prepare performance projections for 2012 based on the most recent ODC annual report. The baseline for establishing goals and measuring performance shall be based on the annual report for fiscal year 2012-2013, as set forth in Section (2)(g) herein. (c) OCF will operate the Overture Center in a financially sound manner measured as follows: (i) OCF will generate earned and contributed revenue which together with the City subsidy, as described in Section 4 below, will result in sound financial operations, as detailed below. (ii) The annual audited financial statements, prepared in accordance with GAAP, shall contain an unqualified opinion as to going concern status. Such records will be available for City review as described in the Structural Agreement. (iii) The annual audited financial statements shall contain positive unrestricted net assets when adjusted for the amount invested in capital assets (also called expendable net assets, i.e., excluding the assets and liabilities associated with capital assets). (iv) The annual audited financial statements shall not indicate a carry-forward operating deficit that is greater than 5 percent of expendable net assets as defined above, or 5 percent of the current year’s budget, whichever is larger. (v) In the event OCF does not achieve the financial standards outlined in 2 (c) (i) through (iv) above, OCF will provide the City a plan to remedy the issue, and will provide evidence of progress on that plan by June 30, 2013. (vi) These financial performance standards will be in effect beginning July 1, 2012, which is the first full fiscal year of OCF operation. (d) OCF will prepare balance sheets and audited financial statements in accordance with GAAP within 90 days of the closing of its fiscal year and will provide copies to the City in a timely manner. Such records will be available for City review as described in the Structural Agreement. (e) OCF will act to create a capital reserve fund in the amount of $5 million. From July 1, 2012 through June 30, 2014, OCF shall use its best efforts to accumulate a capital ...

Performance Terms. H&B agrees to deliver a total of 500,000 Product units each term, within no more than 180 days total from the date of a Purchase Order from Kush to H&B, to be delivered in three separate deliveries of full individual containers of 170,000 units per container with the final (third) container to be 160,000 units. Kush will pay to H&B $150,000, upon execution of PO and a balance of set forth in the table Exhibit A ). Kush will inspect and confirm the content of each shipping within 5 business days. Deliveries will be FOB Denver, CO. Payment shall be in the United States dollars and shall be presented per direction of H&B in Denver; CO. Kush deposit to H & B Inc for $150,000.00 provided as Exhibit B. This money will be used to secure the material and the manufacturer to get “The Satchel” into production for a 6-8 week delivery time frame. ACC will put up as collateral to the above named company 200,000 shares of Brazil Interactive Media (BIMI parent of H & B) stock. Once delivery of the 500k bags, is in Kush Colorado’s warehouse in Denver the collateral is released, . Once the 500k units have been bought per this agreement, ACC will assign 20,000 shares of BIMI stock to Kush Bottles Inc. H&B has the right to claw back all shares from Kush Bottles Inc. if the payment terms set forth in Exhibit A are not fully fulfilled.

Performance Terms. In addition to this Agreement, the rights and obligations of the Client and Apptegy with respect to the providing, accessing, and using the Services will also be subject to and governed by the Apptegy Terms of Use ("Terms of Use") and Privacy Policy ("Privacy Policy"), available at the following links: xxxxx://xxx.xxxxxxx.xxx/terms-and-conditions/ and xxxxx://xxx.xxxxxxx.xxx/privacy-policy/. The Terms of Use and Privacy Policy, as each may be amended, are incorporated into this Agreement in their entirety, as applicable to Client. Without limiting the generality of the foregoing, the Terms of Use and Privacy Policy set out and govern the terms and conditions for Services availability, User eligibility and acceptable use, data privacy and security, regulatory notices and information, warranties, disclaimers, and liability limitations, and other related terms. The applicability of the Terms of Use and Privacy Policy is limited to the order of priority set out below.

Performance Terms. OCF agrees to abide by the following terms and conditions and provide the following documentation to the City: (a) OCF will develop a revised and updated strategic plan. The updated strategic plan will be drafted and provided to the City on or before June 30, 2020 (Whenever this Agreement states that OCF is to provide something to the City, it will be provided to the Mayor’s Office, the Common Council, the Room Tax Commission and the Madison Arts Commission (MAC)). If OCF is unable to meet this date, OCF will inform the City, in writing, of the reason(s) why and a proposed new date for submission of the updated strategic plan. (b) OCF will prepare an Annual Community Report within 90 days of the close of its fiscal year, and will invite the public to a meeting on the report, encouraging community input. OCF will prepare performance projections for 2020 based on the most recent OCF Annual Community Report and OCF’s Annual Commitment to Arts, Educational and Community Budget Report (whenever this Agreement states “Annual Community Arts Budget Report,” it is referring to OCF’s Commitment to Arts, Educational and Community Budget Report). The baseline for establishing goals and measuring performance shall be based on the Annual Community Arts Budget Report for OCF’s fiscal year 2018-2019, as set forth in Section (2)(h) herein. (c) During 2020, OCF shall maintain segregated accounting to keep track of any amounts received from the City, shall keep a record of where those amounts are spent, and shall provide information to the City demonstrating that the City grant was used for operations and capital expenses as required by the Structural Agreement. (d) OCF will operate the Overture Center in a financially sound manner measured as follows: (i) OCF will generate earned and contributed revenue which together with the City subsidy, as described in Section 4 below, will result in sound financial operations, as detailed below. (ii) The annual audited financial statements, prepared in accordance with GAAP, shall contain an unqualified opinion as to going concern status. Such records will be available for City review as described in the Structural Agreement. (iii) The annual audited financial statements shall contain positive unrestricted net assets when adjusted for the amount invested in capital assets (also called expendable net assets, i.e., excluding the assets and liabilities associated with capital assets). (iv) The annual audited financial statements shall not ...

Performance Terms. The number of RSUs that vest and become converted on each Vesting Date into the right to receive a number of shares of Common Stock will be adjusted upward or downward on each Vesting Date by a percentage (not to exceed twenty five percent (25%)) equal to (A) for the First Vesting Date, the average Corporate APB Funding Multiplier applicable for fiscal years 2019 and 2020 and (B) for the Second Vesting Date, the average Corporate APB Funding Multiplier applicable for fiscal years 2019, 2020, and 2021, provided that if the average Corporate APB Funding Multiplier applicable on a Vesting Date is less than fifty percent (50%), no RSUs will vest on the applicable Vesting Date and all RSUs that were subject to vest on the applicable Vesting Date will immediately be forfeited and cancelled. In the event that the adjustment set forth in this Section 4(b) results in the right to receive a partial share of Common Stock, the partial share will be rounded down to zero.