Proven Performance Escalator Sample Clauses

Proven Performance Escalator. ‌ (a) The Proven Performance Escalator is mandatory for Rookies drafted in the third through seventh rounds. Rookies drafted in the first or second rounds and Undrafted Rookies are not eligible to earn the Proven Performance Escalator. (b) The Proven Performance Escalator is a non-negotiable amount by which an eligible player’s year-four Paragraph 5 Salary may escalate provided the player achieves at least one of the two qualifiers set forth in Subsection (c) below. The Proven Perfor- xxxxx Escalator shall be deemed a part of every Rookie Contract of a player selected in the third through seventh round by virtue of this Agreement and may not be separately attached to such Rookie Contract.
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Proven Performance Escalator. (a) Subject to the phase-in rules and restrictions set forth in Subsection 4(c) below, the Proven Performance Escalator is mandatory for Rookies drafted in the second through seventh rounds. Rookies drafted in the first round and Undrafted Rookies are not eligible to earn the Proven Performance Escalator. (b) The Proven Performance Escalator is a three-level (“Level One”, “Level Two”, and “Level Three”) non-negotiable amount by which an eligible player’s year-four Paragraph 5 Salary may escalate provided the player achieves the applicable qualifier set forth in Subsection (d) below. An eligible player who would otherwise qualify for more than one of the Level One, Level Two, and Level Three escalators shall receive only the highest such escalator. No player may receive more than one escalator. The Proven Per- formance Escalator shall be deemed a part of every Rookie Contract of a player selected in the second through seventh rounds by virtue of this Agreement and may not be sepa- rately attached to such Rookie Contract. (c) Notwithstanding anything to the contrary in this Article and for the avoid- ance of doubt, the Proven Performance Escalator, as defined in Subsection 4(b) above, shall be subject to the following phase-in rules and restrictions: (i) The Level One, Level Two and Level Three Proven Performance Escala- tors for Rookies drafted in the second round shall begin to apply to players who were selected in the 2018 Draft, such that any escalation of the player’s Paragraph 5 Salary shall occur in the 2021 League Year. Players who were selected in the second round of any Draft prior to the 2018 Draft are not eligible to earn the Level One, Level Two or Level Three Escalators. (ii) The Level One Proven Performance Escalator for Rookies drafted in the third through seventh rounds shall begin to apply to players who were selected in the 2017 Draft, such that any escalation of the player’s Paragraph 5 Salary shall occur in the 2020 League Year. (iii) The Level Two and Level Three Proven Performance Escalators for play- ers selected in the third through seventh rounds shall begin to apply to players who were selected in the 2018 Draft, such that any escalation of the player’s Paragraph 5 Salary shall occur in the 2021 League Year. Players who were selected in the third through seventh rounds of any Draft prior to the 2018 Draft are not eligible to earn the Level Two or Level Three Escalators.
Sample 1

Related to Proven Performance Escalator

  • Ongoing Performance Measures The Department intends to use performance-reporting tools in order to measure the performance of Contractor(s). These tools will include the Contractor Performance Survey (Exhibit H), to be completed by Customers on a quarterly basis. Such measures will allow the Department to better track Vendor performance through the term of the Contract(s) and ensure that Contractor(s) consistently provide quality services to the State and its Customers. The Department reserves the right to modify the Contractor Performance Survey document and introduce additional performance-reporting tools as they are developed, including online tools (e.g. tools within MFMP or on the Department's website).

  • 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.

  • Non-Performance The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined.

  • Continuing Performance (a) The obligations under this Agreement continue until satisfied in full and do not merge with any action performed or document executed by any Party for the purposes of performance of this Agreement. (b) Any representation in this Agreement survives the execution of any document for the purposes of, and continues after, performance of this Agreement. (c) Any indemnity given by any Party under this Agreement: (i) constitutes a liability of that Party separate and independent from any other liability of that Party under this Agreement or any other agreement; and (ii) survives and continues after performance of this Agreement.

  • KEY PERFORMANCE INDICATORS 10.1 The Supplier shall at all times during the Framework Period comply with the Key Performance Indicators and achieve the KPI Targets set out in Part B of Framework Schedule 2 (Goods and/or Services and Key Performance Indicators).

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