Program Performance. The Resident must be performing at or above 2 average in his/her program as assessed according to the aggregate of the 3 most recent 6 months of Milestones assessments or equivalent assessment 4 results (in programs that do not use the ACGME milestones as a metric), and 5 not be subject to remediation or other disciplinary action (e.g., not be on 6 Focus of Concern or Probation, or subject to other actions including Program 7 Refusal to Certify Board Application, Training Site Actions, modified Clinical 8 Supervision Requirements, Removal from Patient Care Activities, Removal 9 from payroll due to failure to maintain proper immigration status for legal 10 employment as a resident at the University of Washington, Paid precautionary 11 suspension pending investigation, Actions by Non-GME Components of the 12 University, Other violations of the Residency/Fellowship Position Appointment 13 (RFPA), Non-Reappointment, Non-Promotion, Suspension, or Termination for 14 Cause).
Program Performance a) 3SBio shall provide the Facilities, Materials, supplies, staff and all other resources necessary to perform and complete the Program, as it may be modified as provided herein, and in accordance with the Scope and the terms of this Agreement. In the event of any conflict between the terms and provisions of this document and the Scope, the terms of the Agreement will control.
b) Other than with respect to those portions of the Program that are performed at the facilities of subcontractors that have been pre-approved by Selecta in accordance with Section 5, 3SBio shall perform the Program at the Facilities, and shall hold at the Facility (where the warehouse is located) all Materials, Program-Dedicated Equipment, Filling Components, Process Consumables and Raw Materials for use in the Program and all other items used in the manufacturing of the Drug Product. 3SBio shall maintain, at its own expense, the Facilities in a state of operating efficiency consistent in order to perform duly under this Agreement and in compliance with the Specifications and Applicable Laws, provided that 3SBio shall not change the location of the Facilities without the prior written consent of Selecta, which consent shall not be unreasonably withheld. [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
c) 3SBio will appoint a 3SBio representative (the “Program Manager”) to be responsible for the coordination of performance of the Program by 3SBio. The Program Manager will coordinate performance of the Program with a representative designated by Selecta (the “Selecta Representative”). Unless otherwise agreed in the Scope, or mutually agreed to by the Parties in writing, all communications between 3SBio and Selecta regarding the conduct of the Program pursuant to the Scope shall be addressed to or routed through the Program Manager and Selecta Representative. 3SBio may, at its option, substitute the Program Manager during the course of the Program and Selecta may, at its option, substitute Selecta Representative during the course of the Program, in each case upon written notice to the other Party.
d) Promptly following the Effective Date, the Parties will agree on a detailed document specifying the quality and regulatory procedures and responsibilities of the Parties with respect to the manufacture of Drug Substance and Drug Produc...
Program Performance. (a) Gallus shall use its commercially reasonable efforts to provide the Facility, Process Consumables and staff necessary to complete the Program in accordance with the terms of this Agreement. In the event of any conflict between the terms and provisions of this document and the terms of a Work Statement, the terms of this document shall control, unless expressly provided otherwise in the applicable Work Statement.
(b) Customer acknowledges that the work to be performed hereunder is by its nature developmental and that the Program involves biological processes that are, by their nature, unpredictable such that Gallus does not guarantee to Customer the achievement of a successful outcome. For the avoidance of doubt, it shall not be considered a breach of this Agreement by Gallus if an objective of the Program is not achieved so long as Gallus has complied with its obligations set forth herein. Gallus shall not be responsible for any loss of a Batch in crude or purified form unless it is a Defective Batch caused by a Gallus Failure. Customer’s sole and exclusive remedy for a Gallus Failure shall be as set forth in Section 20(h) below.
(c) Gallus will appoint a Gallus representative (the “Program Manager”) to be responsible for overseeing the completion of the Program by Gallus. The Program Manager will coordinate performance of the Services with a representative designated by Customer (the “Customer Representative”), which representative shall have responsibility over all matters relating to performance of the Services on behalf of Customer. Unless otherwise agreed in the Work Statement, or mutually agreed to by the Parties, all communications between Gallus and the Customer regarding the conduct of the Services pursuant to the Work Statement shall be addressed to or routed through the Program Manager and Customer Representative. The Program Manager is named in the Work Statement and Gallus may, at its option, substitute the Program Manager during the course of the Program. The Customer Representative is named in the Work Statement and Customer may, at its option, substitute the Customer Representative during the course of the Program.
(d) Promptly following the execution of this Agreement, the Parties will negotiate and enter into a detailed agreement specifying the quality and regulatory procedures and responsibilities of the Parties with respect to the manufacture of Product (the “Quality Agreement”).
(e) Customer may cancel one or more Batches subject t...
Program Performance. Eligible Activity:
Program Performance. 3.1 Brammer will use Commercially Reasonable Efforts to perform the Services for Customer in accordance with the applicable Work Statement and in accordance with all Applicable Laws.
3.2 [**]
3.3 Brammer will comply with cGMP applicable to the Services, provided that, should cGMP applicable to the Services be changed following the Effective Date, Brammer will use Commercially Reasonable Efforts to comply with such new cGMP requirements without interruption to cGMP status. In the event that compliance with such new cGMP requirements necessitates, in the reasonable determination of the Parties, a change in the Work Statement or the Services, Brammer will submit to Customer a proposed Change Order in accordance with Section 9.2.
3.4 Customer acknowledges that due to the unpredictable nature of biological processes, a Process Performance Qualification (as envisaged to be completed in the second Work Statement) needs to have taken place to establish the commercial process of Manufacturing the Product.
3.5 Brammer undertakes that it shall:
(i) use Commercially Reasonable Efforts to ensure that the Facility is ready to perform for the first relevant activity under each Work Statement in accordance with the timeline mutually agreed to by the Parties for such activity; Customer acknowledges that the timelines set forth in any Work Statement are good faith estimates using assumptions based on information available on the date on which the applicable Work Statement is executed. Customer understands that it needs to comply in a timely manner with all of its relevant obligations in order to enable Brammer to achieve such timelines;
(ii) give the Customer prompt written notice of any anticipated delay in the completion of the Facility; and
(iii) in the event of any delay in the Facility being ready in accordance with (i), use its best efforts (a) to complete the commissioning of the Facility as soon as possible and (b) to perform its obligations under each Work Statement using alternative resources and Facilities, including by giving the Customer priority in the use of available Brammer capacity.
3.6 Brammer will appoint a Brammer representative (the “Program Manager”) to be responsible for overseeing the conduct of the Services and the completion of the Program by Brammer. The Program Manager will coordinate performance of the Services with a representative designated by Customer in writing (the “Customer Representative”), which representative will have responsibility ...
Program Performance. The Juvenile Court agrees to provide prevention, treatment, and rehabilitation programs for alleged or adjudicated unruly and delinquent children or children at risk of becoming unruly and delinquent children, inclusive of alternatives to commitment of youth to the Department.
Program Performance. Data can be analyzed and grouped to provide program performance including, but not limited to: activation ratios; usage specifics; and recharge ratios; profitability; and return on investment ratios.
Program Performance. 4.1 WSISD agrees to maintain full documentation supporting the performance of the work and fulfillment of the objectives set forth in Exhibit “A.”
4.2 WSISD agrees to provide a monthly Program Activities Report and quarterly Program Effectiveness Measurement Report to document the performance of the work described in Exhibit “D” and Exhibit “E,” respectively. The Program Activities and Effectiveness Measurements shall document the program activity names, numbers of participants attending, details of the activities, and a description of the goals achieved in support of the CCPD goals. Program Effectiveness Measurement shall be reported on a quarterly basis and included in the January, April, July, and October RFR and Program Activities Report submittals. Additionally, the Program Effectiveness Measurement Report must include any successes realized in descriptive detail. The monthly Program Activities and quarterly Program Effectiveness Measurement Reports shall be submitted to City no later than the 15th day after the end of each month.
4.3 WSISD agrees that the monthly RFR and Program Activities Report and quarterly Program Effectiveness Measurement Report will be submitted to City no later than the 15th day after the end of each month. Should WSISD not meet these requirements, WSISD will be given an additional 15 days to submit the required reports to City. If, at the end of this 15-day extension period, WSISD has not submitted the required reports, City will send a non- compliance letter notifying WSISD’s duly authorized representative of a possible suspension of program funding.
Program Performance. Grantee performance shall be determined using the following measures:
1. Total formal referrals in each year of the grant period;
2. Average daily population of juveniles under deferred prosecution and probation supervision in each year of the grant period;
3. Number of placements in secure and non-secure residential post-adjudication facilities in each year of the grant period;
4. Percentage of juveniles under deferred prosecution and probation supervision participating in a community-based program in each year of the grant period;
5. Number of juveniles committed to the Texas Youth Commission (TYC) in each year of the grant period;
6. Number of juveniles aged 10 to 16 certified as an adult in each year of the grant period;
7. Percentage of TYC eligible offenders disposed to TYC; and
8. One, two and three year re-referral/re-arrest and incarceration recidivism rates for juveniles beginning supervision, beginning a program and leaving a post-adjudication residential facility.
Program Performance. If a program is performing at under one (1) sale per hour, then RMH is not to call more than 50 total hours a day without first notifying BRANDDIRECT. BRANDDIRECT will not pay for any hours over the maximum 50 hours a day allowed. RMH must receive written consent from BRANDDIRECT to call beyond the 50 hour maximum on any program that performs below (1) sale per hour.
