Renegotiation of Performance Standards Sample Clauses

Renegotiation of Performance Standards. (a) If this Agreement is renewed pursuant to Section 14.2 hereof, then the parties shall negotiate in good faith during the first six months of the year 2000 and each calendar year thereafter to establish performance standards for the next calendar year. Subject to Section 13.2(b) hereof, in such negotiation of new performance standards for calendar year 2001 and beyond, (1) Association may require that the new performance standards represent an amount not less than the greater of (a) the number of head of cattle actually processed as CHB in the calendar year immediately preceding the calendar year in which the negotiations are taking place, and (b) the number of head of cattle actually processed as CHB in the full calendar year in which the negotiations are taking place, or (2) notwithstanding any other provision of this Section 13.2, Red Oak may require that the new performance standards represent an amount not more dm one hundred ten percent (110%) of the number of head of cattle required under this Agreement in the calendar year in which the negotiations are taking place. (b) Notwithstanding Section 13.2(a) hereof, in the event the number of head of cattle actually processed as CHB by Red Oak in any calendar year equals 500,000 or more, performance standards shall be negotiated according to the provisions of this Section 13.2(b). In the calendar year following the calendar year in which Red Oak actually processed 500,000 or more head of cattle as CHB pursuant to this Agreement, the parties shall negotiate in good faith during the first six months of such calendar year to establish performance standards for the immediately succeeding calendar year. In such negotiations of a new performance standard, (1) Association may require that the new performance standard shall represent an amount not less than the average of (i) the number of head of cattle actually processed as CHB in the calendar year immediately preceding the calendar year in which the negotiations are taking place, and (ii) the number of head of cattle actually processed as CHB in the calendar year immediately preceding the calendar year referred to in clause (a) of this sentence, or (2) notwithstanding any other provision of this Section 13.2, Red Oak may require that the new performance standard represents an amount not more than one hundred ten percent (110%) of the number of head of cattle required to be processed by Red Oak in the calendar year in which the negotiations are taking place p...
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Related to Renegotiation of Performance Standards

  • Standards of Performance Provider must perform all Services required of it under this Agreement with that degree of skill, care, and diligence normally shown by a Provider performing services of a scope, purpose, and magnitude comparable with the nature of the Services to be provided under this Agreement. Provider acknowledges that, if in the course of providing Services hereunder, it is entrusted with or has access to valuable and confidential information and records of the Board, Provider agrees to be held to the standard of care of a fiduciary with respect to that information. Any review, approval, acceptance of Services or deliverables, or payment by the Board for any Services does not relieve Provider of its responsibility for the professional skill and care and technical accuracy of its Services and deliverables. This provision in no way limits the Board’s rights against Provider under this Agreement, at law or in equity. When and where applicable, all members of Provider’s staff must hold and maintain throughout the Term and any Renewal Term, valid certificates and/or licenses from the State of Illinois or such other relevant jurisdiction that authorize those individuals to perform the Services. Provider agrees to promptly furnish a copy of the license(s) of any and all direct service providers to the Board on request. Throughout the Term and any Renewal Term, Provider must maintain and use sufficient staff to assure the effective and efficient operation of its programs. Provider must cause its staff to devote such time, attention, skill, knowledge, and professional ability as necessary to effectively and efficiently fulfill Provider’s obligations under this Agreement.

  • Suspension of Performance Notwithstanding any other provision hereof, if an Event of Default or a Potential Event of Default has occurred and is continuing, the Non-Defaulting Party, upon written notice to the Defaulting Party, has the right (i) to suspend performance under any or all Transactions and (ii) to the extent an Event of Default has occurred and is continuing, to exercise any remedy available at law or in equity, except as limited be Section 5.7.

  • Review of Performance The Board of Directors shall periodically review and evaluate the performance of Employee under this Employment Agreement with Employee.

  • Commencement of Performance This Agreement is of no force and effect until signed by both parties and all JBE-required approvals are secured. Any commencement of performance prior to Agreement approval shall be at Contractor's own risk.

  • PERIOD OF PERFORMANCE The period of performance for this contract begins , and ends .

  • Continuity of Performance In the event of a dispute between the Party and the State, each party will continue to perform its obligations under this Agreement during the resolution of the dispute until this Agreement is terminated in accordance with its terms.

  • Prohibition of Performance Requirements 1. The provisions of the Agreement on Trade-Related Investment Measures in Annex 1A to the WTO Agreement (TRIMs), which are not specifically mentioned in or modified by this Agreement, shall apply, mutatis mutandis, to this Agreement. 2. Member States shall undertake joint assessment on performance requirements no later than 2 years from the date of entry into force of this Agreement. The aim of such assessment shall include reviewing existing performance requirements and considering the need for additional commitments under this Article.

  • 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.

  • Excuse of Performance Seller shall not be liable for delays in performance or for non-performance due to failure or interruption of computer or telecommunication systems, acts of God, war, riot, fire, terrorism, labor trouble, unavailability of materials or components, explosion, accident, compliance with governmental requests, laws, regulations, orders or actions, or other unforeseen circumstances or causes beyond Seller's reasonable control. In the event of such delay, the time for performance or delivery shall be extended by a period of time reasonably necessary to overcome the effect of the delay.

  • Monitoring of Performance Vendor shall continuously monitor and record its performance to ensure that all of Vendor's responsibilities and obligations hereunder are being met and fulfilled. Citizens may conduct programmatic and other administrative contract monitoring during the term of this Agreement. The purpose of this monitoring is to ensure that all of Vendor's responsibilities and obligations are being met and fulfilled. Such monitoring may include on-site visits, report reviews, invoice reviews, compliance reviews, and a review of any other areas reasonably necessary. Vendor acknowledges and agrees that Citizens may also monitor and record Vendor Staff communications to the extent they occur within or are connected to any Citizens’ resource, such as electronic or telecommunications systems.

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