Reduction Amount. (1) The amount of earned fee, fixed fee, profit, or share of cost savings that may be unilaterally reduced will be determined by the severity of the performance failure pursuant to the degrees specified in paragraphs (c) and (d) of this Clause.
(2) If a reduction of earned fee, fixed fee, profit, or share of cost savings is warranted, unless mitigating factors apply, such reduction shall not be less than 26% nor greater than 100% of the amount of earned fee, fixed fee, profit, or the Contractor's share of cost savings for a first degree performance failure, not less than 11% nor greater than 25% for a second degree performance failure, and up to 10% for a third degree performance failure.
(3) In determining the amount of the reduction and the applicability of mitigating factors, DOE will consider the Contractor's overall performance in meeting the ESH&Q or security requirements of the Contract. Such consideration will include performance against any site specific performance criteria/requirements that provide additional definition, guidance for the amount of reduction, or guidance for the applicability of mitigating factors. In all cases, DOE will consider mitigating factors that may warrant a reduction below the applicable range (see 48 CFR 970.1504-1-2). The mitigating factors include, but are not limited to, the following ((v), (vi), (vii) and (viii) apply to ESH&Q only).
(i) Degree of control the Contractor had over the event or incident.
(ii) Efforts the Contractor had made to anticipate and mitigate the possibility of the event in advance.
(iii) Contractor self-identification and response to the event to mitigate impacts and recurrence.
(iv) General status (trend and absolute performance) of: ESH&Q and compliance in related areas; or of safeguarding Restricted Data and other classified information and compliance in related areas.
(v) Contractor demonstration to the Contracting Officer’s satisfaction that the principles of industrial ESH&Q standards are routinely practiced (e.g., Voluntary Protection Program, ISO [International Organization for Standardization] 14000, Environmental Management System Standards).
(vi) Event caused by "Good Samaritan" act by the Contractor (e.g., off-site emergency response).
(vii) Contractor demonstration that a performance measurement system is routinely used to improve and maintain ESH&Q performance (including effective resource allocation) and to support DOE corporate decision- making (e.g., policy, ESH&Q programs).
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Reduction Amount. (1) If in any period (see 48 CFR 952.223-77)(b)(2)) it is found that the contractor has failed to comply with contract terms and conditions relating to the protection of worker safety and health, the contractor’s fee or profit of the period may be reduced. Such reduction shall not be less than 26% nor greater than 100% of the total fee or profit earned for a first degree performance failure, not less than 11% nor greater than 25% for a second degree performance failure, and up to 10% for a third degree performance failure. The contracting officer must consider mitigating factors that may warrant a reduction below the specified range (see 48 CFR 923.7001(b)). The mitigating factors include, but are not limited to, the following:
(i) Degree of control the contractor had over the event or incident.
(ii) Efforts the contractor had made to anticipate and mitigate the possibility of the event in advance.
(iii) Contractor self-identification and response to the event to mitigate impacts and recurrence.
(iv) General status (trend and absolute performance) of protecting WS&H and compliance in related areas.
(v) Contractor demonstration to the Contracting Officer’s satisfaction that the principles of industrial WS&H standards are routinely practiced (e.g., Voluntary Protection Program Star Status).
(vi) Event caused by "Good Samaritan" act by the contractor (e.g., offsite emergency response).
(vii) Contractor demonstration that a performance measurement system is routinely used to improve and maintain WS&H performance (including effective resource allocation) and to support DOE corporate decision-making (e.g., policy, WS&H programs).
(viii) Contractor demonstration that an Operating Experience and Feedback Program is functioning that demonstrably affects continuous improvement in WS&H by use of lessons-learned and best practices inter- and intra-DOE sites.
(i) Except in the case of performance based firm-fixed-price contracts (see paragraph (b)(3) below), the contracting officer, for purposes of this clause, will at the time of contract award, or as soon as practicable thereafter, allocate the total amount of fee or profit that is available under this contract to equal periods of [insert 6 or 12] months to run sequentially for the entire term of the contract (i.e., from the effective date of the contract to the expiration date of the contract, including all options). The amount of fee or profit to be allocated to each period shall be equal to the average monthly fee...
Reduction Amount. (1) If in any period (see 48 CFR 952.223-76 (b)(2)) it is found that the contractor has failed to comply with contract terms and conditions relating to the safeguarding of Restricted Data or other classified information or relating to the protection of worker safety and health, the contractor's fee or profit of the period may be reduced. Such reduction shall not be less than 26% nor greater than 100% of the total fee or profit earned for a first degree performance failure, not less than 11% nor greater than 25% for a second degree performance failure, and up to 10% for a third degree performance failure. The contracting officer must consider mitigating factors that may warrant a reduction below the specified range (see 48 CFR 904.402(c) and 48 CFR 923.7001(b)). The mitigating factors include, but are not limited to, the following (((v), (vi), (vii), and (viii) apply to WS&H only):
(i) Degree of control the contractor had over the event or incident.
(ii) Efforts the contractor had made to anticipate and mitigate the possibility of the event in advance.
(iii) Contractor self-identification and response to the event to mitigate impacts and recurrence.
(iv) General status (trend and absolute performance) of: safeguarding Restricted Data and other classified information and compliance in related security areas; or of protecting WS&H and compliance in related areas.
(v) Contractor demonstration to the Contracting Officer's satisfaction that the principles of industrial WS&H standards are routinely practiced (e.g., Voluntary Protection Program Star Status).
(vi) Event caused by "Good Samaritan" act by the contractor (e.g., offsite emergency response).
(vii) Contractor demonstration that a performance measurement system is routinely used to improve and maintain WS&H performance (including effective resource allocation) and to support DOE corporate decision-making (e.g., policy, WS&H programs).
(viii) Contractor demonstration that an Operating Experience and Feedback Program is functioning that demonstrably affects continuous improvement in WS&H by use of lessons-learned and best practices inter- and intra-DOE sites.
(i) Except in the case of performance-based, firm-fixed-price contracts (see paragraph (b)(3) of this clause), the contracting officer, for purposes of this clause, will at the time of contract award, or as soon as practicable thereafter, allocate the total amount of fee or profit that is available under this contract to equal periods of three months t...
Reduction Amount. If Seller elects the option set forth in Section 7.4(b)(ii) with respect to one or more Environmental Defects, then as Buyer's sole and exclusive remedy with respect to such Environmental Defects, Buyer shall be entitled to reduce the Initial Payment by the amount allocated on EXHIBIT C attached hereto, to the Environmental Defect Property, subject to Section 7.4(a).
Reduction Amount. After the prepayment in full of the Term Loans pursuant to Section 2.08(c) above, prepayments of the Revolving Credit Facility made pursuant to Section 2.08(b) (other than pursuant to clause (vi) thereof) shall initially be applied ratably to the outstanding Revolving Credit Loans, and, in the case of prepayments of the Revolving Credit Facility required pursuant to clause (i), (ii), (iii), (iv) or (v) of Section 2.08(b), the amount remaining, if any, after the prepayment in full of all Revolving Credit Loans outstanding at such time may be retained by the Company for use in the ordinary course of its business. The Commitments under the Revolving Credit Facility shall be automatically and permanently reduced by the sum of (i) any mandatory prepayment amount and (ii) any remaining amount retained by the Company, in each case, pursuant to Section 2.08(b)(iii) or (iv) (being, collectively, the "Reduction Amount") which is either applied in repayment of the Revolving Credit Facility in accordance with Section 2.08 or retained after repayment of all outstanding Revolving Credit Loans at the time of such prepayment, as applicable, as set forth in Section 2.05(b)(iii).
Reduction Amount. The total amount of reduction under this Agreement (Reduction Amount) in a tax year of the Employee shall not exceed the maximum amount allowable under Sections 403(b) and 415(c) of the Internal Revenue Code of 1954, as amended (Code).
Reduction Amount. The funds in an amount equal to the Reduction Amount which the Seller is using to reduce the outstanding Capital of the Purchasers on the date hereof represents a portion of the Collections on Pool Receivables that the Servicer is holding in trust in accordance with Section 3.01 of the Receivables Purchase Agreement.
Reduction Amount. See Section 8.1(c).
Reduction Amount. Notwithstanding anything to the contrary contained herein, immediately upon the date (the "Reduction Date") that the Available Capital is less than $15,000,000, the Borrower, within three (3) days from such date, shall pay to the Lender, as a permanent principal reduction hereunder an amount necessary to reduce the outstanding principal amount to $3,500,000 (the "Reduction Amount"). From and after the Reduction Date, the Commitment Amount shall be permanently reduced to $3,500,000.
Reduction Amount. Any rental payments and other charges in respect of ---------------- the Lease actually received by Lessor prior to July 1, 2004 from sources other than Lessee, including, without limitation, any replacement tenant for all or part of the Leased Premises (as defined in the Lease) (the "Third Party Payments"), shall be credited to -------------------- Lessee as a reduction of principal owing hereunder, under the 2003 Note, or under the 2004 Note, as applicable, in an amount equal to the sum of (X) the aggregate amount of such Third Party Payments received during the applicable period, multiplied by (Y) seventy-five percent (75%) (the "Reduction Amount"). ----------------
