Metrics Institutional Metrics System-Wide Metrics
Rewards PROGRAMS You may have selected a Rewards Program for your account or, if you selected a Popular / AAdvantage® card, then the terms of the AAdvantage® Program apply. REWARDS PROGRAM WHAT IT MEANS HOW IT AFFECTS YOU Return A rewards program that earns cash back per every purchase made with the Card. The reward program accumulates in cash 1% of all net Purchases made with your credit Card. Net Purchases are Purchases minus any credits or returns. In your billing statement, you will receive an estimate of the Reward accumulated. The redemption of money will be automatic and will occur once a year, in January. You will not be able to redeem your Reward before this date. The Bank will send you a check for the balance of your Reward to the address where you receive your billing statements. You will not accumulate Rewards for Balance Transfers, Convenience Checks, Cash Advances, payments thru TelePago® Popular or Internet Banking, the Purchase of casino chips or other methods of gambling, or any other transaction the Bank determines at its sole discretion constitutes or is equivalent to a Cash Advance. If you return merchandise, the Reward for that merchandise will be deducted. The percent of the deduction will be calculated based on the earning structure at the moment the merchandise was returned. If the amount of your Reward is less than ten (10) dollars at the automatic redemption period, you will not receive a check but it will accumulate to your account for the next redemption period. If your account has a derogative condition, the Bank will be able to retain your Reward until the condition ends or cancel the Reward completely, at the Bank's sole discretion. When calculating the Reward, the Bank will use the total dollar amount of each transaction eliminating the cents. The Bank's determination of the Reward is final. To receive the Reward, your account must be kept open until the date of the Reward payment. The cash back rewards program is subject to changes or cancellation at any moment at the Bank's sole discretion. American Airlines AAdvantage® Program A rewards program that earns miles. You authorize us to report to American Airlines, AAdvantage® miles earned with us. You also authorize us to share with American Airlines your email address and experiential and transactional information regarding your activity with us. You will earn AAdvantage® miles for Purchases as long as your Account is current, in good standing and open the day the Transaction is registered in your Account. The miles are earned multiplying the Transaction amount by the earn rate per dollar specific to your Card product. The total amount of miles per Transaction, without decimals, will be considered for the total amount of miles to be reported to AAdvantage® every account cycle. The Bank will report the miles earned with your AAdvantage® credit Card as long as your Account is current and in good standing the day of your cycle. The miles earned with your credit Card that are not reported to AAdvantage® because your Account has a derogative condition at cycle date, will be reported to AAdvantage® in the future if your Account becomes current. American Airlines reserves the right to change AAdvantage® program rules, regulations, travel awards and special offers at any time without notice and to end the AAdvantage® program with six (6) months prior notice. Any such changes may affect your ability to use the mileage awards or credits that you have accumulated. Members may not be able to obtain all offered awards at all times or use awards for all destinations or on all flights. AAdvantage® travel awards, mileage accrual and special offers are subject to government regulations. American Airlines is not responsible for products or services offered by other participating companies. For complete details about the AAdvantage® program, visit xxx.xx.xxx/xxxxxxxxxx. American Airlines, AAdvantage and the Flight Symbol are trademarks of American Airlines, Inc. PREMIA® A rewards program that earns points. Membership: Program Membership has a $25 annual fee subject to some exclusions as specified in the terms and conditions of the Program. The annual $25 fee is applied at the moment of subscription and subsequently once a year from the subscription date to any of the Program participating accounts. The Membership will be cancelled if any of the Program participating accounts has insufficient funds to cover the fee. Fee is non- refundable. You will earn points only for the activities and transactions described on the Program’s website as well as additional promotions sent out periodically by Popular. Points will be credited and debited depending on the type of transaction carried out. Popular will determine from time to time the maximum amount of Points that may be accumulated for different transactions. This information is available on the Program's webpage. Popular reserves the right to review the balance of Membership accumulated Points and to subtract any credited Points that infringe this Agreement. Each account can be registered only to one (1) Program Membership. Under no circumstance, one same account or transaction is allowed to accumulate Points simultaneously for more than one (1) Membership. Limitations: Cash Advance Transactions done with credit Cards, foreign or local currency purchases, casino chips or any other cash equivalent instrument purchase and loan payments, including but not limited to mortgage and auto loan payments will not accumulate Points. The Regular Level Points will expire in December every four (4) years from the date of subscription. The PREMIA® Platinum level Points will not expire as long as they remain at this level. If the Customer is no longer at that level, the Regular level expiration terms will apply as well as the Regular Level Membership fee. Any derogatory condition or account mismanagement, including but not limited to blocked, outstanding and overdraft accounts will result in automatic Membership suspension and elimination of accumulated Points without previous notice. Once the derogatory condition is removed, the amount of Points accrued at the moment of Membership suspension may be restored at Popular’s sole discretion. To view Your Point balance, please visit xxxxxxx.xxx. Individual consumer transactions are the only transactions entitled to Point accrual. Redemption: The Customer that figures as the primary account holder can redeem his/her accrued Points for rewards at any time, as long as he/she has the required Points for the desired reward. Program Membership must be active and the Customer may not have an account showing derogatory condition to be able to redeem the Points. The redeemed Points will immediately be deducted from the Points balance. For more information on the program visit xxx.xxxxxx.xxx or call PREMIA® Customer Service Center at 1.800.3PREMIA (0.000.000.0000). MOBILE WALLET SERVICE WHAT IT MEANS WHAT YOU AGREE TO A way to make You may choose to add your Card number to a Mobile Wallet Service. If you do so, you acknowledge that we are Purchases or not a provider of the Wallet, we do not control the device and we are not responsible for any failure or inability to payments using perform a transaction using the Wallet. We are only responsible for supplying information securely to the Wallet a mobile device provider to allow usage of your Card in the Wallet. We reserve the right to define product eligibility. You agree that any such use of your Account will be subject to all the terms and conditions contained in this Agreement. Your applicable Purchase APR will apply to Purchases made using the Mobile Wallet Service. You acknowledge that certain message and data rates may apply from your wireless service providers and/or wireless carriers which might impact your use of the Wallet. For example, your mobile service carrier or provider may impose data usage or text charges for your use of or interaction with the Wallet, including downloading the software, receiving or sending text messages, or other use of your mobile device when using the software or other products and services provided by the Wallet. You expressly agree that you are responsible for all such fees, limitations, and restrictions and that we may contact you via your mobile device for any purpose concerning your Account with us, including Account servicing and collection purposes. We do not control the privacy and security of your information that may be held by the Wallet provider and that is governed by the privacy policy given to you by the Wallet provider. You agree not to leave your Mobile Device unattended while logged into the Wallet and to log off immediately at the completion of each access by you. You agree not to provide your password or other access information to any other person. If you believe that someone may have unauthorized access to your Mobile Device, you agree to immediately cancel your access to the Wallet associated with the Mobile Device. You agree to provide us with immediate notice in the event you suspect fraud or any unauthorized access to any of your Accounts. You agree to take every precaution to ensure the safety, security and integrity of your Account and transactions when using the Wallet. Except as otherwise required by law, we may at our sole discretion change these terms, and modify or cancel the eligibility to use your Card with a Wallet service at any time, without notice. You cannot change these terms but you can terminate them by removing your Card from the Wallet. We reserve the right to refuse any transaction for any reason. You expressly understand and agree that your use of a Mobile Wallet Service is at your sole risk. Any material downloaded or otherwise obtained through the use of the Wallet is obtained at your own discretion and risk, and we are not responsible for any damage to your Mobile Device or loss of data that results from the download of any such material, whether due to any computer virus or otherwise. We make no representation or warranty as to the completeness, accuracy, reliability, or currency of any information or data that you obtain through the use of a wallet. WHAT ARE OUR RIGHTS If YOU DEFAULT OR WE HAVE A DISPUTE? Your Default An Account will be in default if: 1) you fail to make at least the Minimum Payment when due; 2) you violate any other provision of this Agreement; 3) we believe you may be unwilling or unable to pay your debts on time; 4) you file for bankruptcy; or 5) you become incapacitated or die. If your Account is in default, we may close your Account or terminate or suspend your credit privileges without notice and require full payment of your outstanding balance immediately. We can also begin collection activities. To the extent permitted by law, if you are in default because you have failed to pay us, we will require you to pay our collection costs, attorneys’ fees, court costs and all other expenses of enforcing our rights under this Agreement. Arbitration of Disputes This Agreement contains an Arbitration Provision immediately below. Within 90 days after the date we open your Account, you may elect to reject the Arbitration Provision by providing a written notice of your intention to do so to the address: Legal Division (745), Banco Popular de Puerto Rico, P.O. Box 362708, San Xxxx, Puerto Rico 00936-2708. Unless you submit your rejection or to the extent permitted by applicable law, the Arbitration Provision will have a substantial impact on how any legal claims we have against each other are resolved if either you or we elect arbitration. For example, disputes subject to arbitration are decided by a neutral arbitrator and not a judge or jury. This Arbitration Provision will not apply to, or be enforceable against, covered borrowers under the protection of the Military Lending Act. This Arbitration Provision shall not preclude you from pursuing or participating in a class action in court. IMPORTANT WAIVERS: IF YOU OR WE ELECT TO ARBITRATE A CLAIM, YOU AND WE BOTH WAIVE THE RIGHT TO: (1) HAVE A COURT OR A JURY DECIDE THE CLAIM; OR (2) OBTAIN INFORMATION EXCEPT AS PROVIDED HEREIN. OTHER RIGHTS ARE MORE LIMITED IN ARBITRATION THAN IN COURT OR ARE NOT AVAILABLE IN ARBITRATION. DEFINITIONS – In this Arbitration Provision, the following definitions will apply:
Goals Goals define availability, performance and other objectives of Service provisioning and delivery. Goals do not include remedies and failure to meet any Service Goal does not entitle Customer to a Service credit.
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.
Contract Goals A. For purposes of this procurement, OGS conducted a comprehensive search and determined that the Contract does not offer sufficient opportunities to set goals for participation by MWBEs as subcontractors, service providers, or suppliers to Contractor. Contractor is, however, encouraged to make every good faith effort to promote and assist the participation of MWBEs on this Contract for the provision of services and materials. The directory of New York State Certified MWBEs can be viewed at: xxxxx://xx.xxxxxxxxxxxxxx.xxx/FrontEnd/VendorSearchPublic.asp?TN=ny&XID=2528. Additionally, following Contract execution, Contractor is encouraged to contact the Division of Minority and Women’s Business Development ((000) 000-0000; (000) 000-0000; or (000) 000-0000) to discuss additional methods of maximizing participation by MWBEs on the Contract.
B. Good Faith Efforts Pursuant to 5 NYCRR § 142.8, evidence of good faith efforts shall include, but not be limited to, the following:
1. A list of the general circulation, trade, and MWBE-oriented publications and dates of publications in which the Contractor solicited the participation of certified MWBEs as subcontractors/suppliers, copies of such solicitations, and any responses thereto.
2. A list of the certified MWBEs appearing in the Empire State Development (“ESD”) MWBE directory that were solicited for this Contract. Provide proof of dates or copies of the solicitations and copies of the responses made by the certified MWBEs. Describe specific reasons that responding certified MWBEs were not selected.
3. Descriptions of the Contract documents/plans/specifications made available to certified MWBEs by the Contractor when soliciting their participation and steps taken to structure the scope of work for the purpose of subcontracting with, or obtaining supplies from, certified MWBEs.
4. A description of the negotiations between the Contractor and certified MWBEs for the purposes of complying with the MWBE goals of this Contract.
5. Dates of any pre-bid, pre-award, or other meetings attended by Contractor, if any, scheduled by OGS with certified MWBEs whom OGS determined were capable of fulfilling the MWBE goals set in the Contract.
6. Other information deemed relevant to the request.
Profitability The Board reviewed detailed information regarding revenues received by XXXX under the Agreement. The Board considered the estimated costs to XXXX, and pre-tax profits realized by XXXX, from advising the DWS Funds, as well as estimates of the pre-tax profits attributable to managing the Fund in particular. The Board also received information regarding the estimated enterprise-wide profitability of DIMA and its affiliates with respect to all fund services in totality and by fund. The Board and the Fee Consultant reviewed XXXX’s methodology in allocating its costs to the management of the Fund. Based on the information provided, the Board concluded that the pre-tax profits realized by XXXX in connection with the management of the Fund were not unreasonable. The Board also reviewed certain publicly available information regarding the profitability of certain similar investment management firms. The Board noted that, while information regarding the profitability of such firms is limited (and in some cases is not necessarily prepared on a comparable basis), DIMA and its affiliates’ overall profitability with respect to the DWS Funds (after taking into account distribution and other services provided to the funds by XXXX and its affiliates) was lower than the overall profitability levels of most comparable firms for which such data was available. Economies of Scale. The Board considered whether there are economies of scale with respect to the management of the Fund and whether the Fund benefits from any economies of scale. The Board noted that the Fund’s investment management fee schedule includes fee breakpoints. The Board concluded that the Fund’s fee schedule represents an appropriate sharing between the Fund and DIMA of such economies of scale as may exist in the management of the Fund at current asset levels.
Performance and Compliance Purchaser shall have performed all of the covenants and complied, in all material respects, with all the provisions required by this Agreement to be performed or complied with by it on or before the Closing.
Program Goals CalHFA MAC envisions that these monies would be used to complement other federal or lender programs designed specifically to stabilize communities by providing assistance to homeowners who have suffered a financial hardship and as a result are no longer financially able to afford their first-lien mortgage loan payments or their Property Expenses when associated with a Federal Housing Administration (“FHA”) Home Equity Conversion Mortgages (“HECM”) loan, only.
Performance Monitoring
A. Performance Monitoring of Subrecipient by County, State of California and/or HUD shall consist of requested and/or required written reporting, as well as onsite monitoring by County, State of California or HUD representatives.
B. County shall periodically evaluate Subrecipient’s progress in complying with the terms of this Contract. Subrecipient shall cooperate fully during such monitoring. County shall report the findings of each monitoring to Subrecipient.
C. County shall monitor the performance of Subrecipient against the goals, outcomes, milestones and performance standards required herein. Substandard performance, as determined by County, will constitute non-compliance with this Contract for which County may immediately terminate the Contract. If action to correct such substandard performance is not taken by Subrecipient within the time period specified by County, payment(s) will be denied in accordance with the provisions contained in this Paragraph 47 of this Contract.
D. HUD in accordance with 24 CFR Part 570 Subpart O, 570.902, will annually review the performance of County to determine whether County has carried out its Community Development Block Grant (CDBG) assisted activities in a timely manner and has significantly disbursed CDBG funds and met the mandated “1.5 ratio” threshold. Subrecipient is responsible to ensure timely drawdown of funds.
Performance Goals A. The Trust and State Street have developed mutually acceptable performance goals dated March 1, 2011 , and as may be amended from time to time, regarding the manner in which they expect to deliver and receive the services under this Agreement (hereinafter referred to as “Service Level Agreement”). The parties agree that such Service Level Agreement reflects performance goals and any failure to perform in accordance with the provisions thereof shall not be considered a breach of contract that gives rise to contractual or other remedies. It is the intention of the parties that the sole remedy for failure to perform in accordance with the provisions of the Service Level Agreement, or any dispute relating to performance goals set forth in the Service Level Agreement, will be a meeting of the parties to resolve the failure pursuant to the consultation procedure described in Sections V. B. and V.C. below. Notwithstanding the foregoing, the parties hereby acknowledge that any party’s failure (or lack thereof) to meet the provisions of the Service Level Agreement, while not in and of itself a breach of contract giving rise to contractual or other remedies, may factor into the Trust’s reasonably determined belief regarding the standard of care exercised by State Street hereunder.
