Mitigation Measures Company shall take commercially reasonable measures (except measures causing it to incur out-of-pocket expenses which BNYM does not agree in advance to reimburse) to mitigate losses or potential losses to BNYM, including taking verification, validation and reconciliation measures that are commercially reasonable or standard practice in the Company’s business.
Mitigating Factors The Contractor had a Trafficking in Persons compliance plan or an awareness program at the time of the violation, was in compliance with the plan, and has taken appropriate remedial actions for the violation, that may include reparation to victims for such violations.
Aggravating and Mitigating Factors The penalties in this matter were determined in consideration of all relevant circumstances, including statutory factors as described in CARB’s Enforcement Policy. CARB considered whether the violator came into compliance quickly and cooperated with the investigation; the extent of harm to public health, safety and welfare; nature and persistence of the violation, including the magnitude of the excess emissions; compliance history; preventative efforts taken; innovative nature and the magnitude of the effort required to comply, and the accuracy, reproducibility, and repeatability of the available test methods; efforts to attain, or provide for, compliance prior to violation; action taken to mitigate the violation; financial burden to the violator; and voluntary disclosure. The penalties are set at levels sufficient to deter violations, to remove any economic benefit or unfair advantage from noncompliance, to obtain swift compliance, and the potential costs, risks, and uncertainty associated with litigation. Penalties in future cases might be smaller or larger depending on the unique circumstances of the case.
Measurements All production shall be accurately measured using standards established by the American Gas Association (AGA) and/or the American Petroleum Institute (API) and all measuring devices shall be tamper proof as nearly as possible. Oil royalties due within the terms of this lease shall be calculated on actual and accurate measurements within API standards unless a different means of measurement, subject to Lessor's approval, is provided.
Temperature Measurement Temperature will be measured by the nearest automatic Melbourne Bureau of Meteorology Monitoring Station for example (but not limited to): Melbourne, Moorabbin, Dunns Hill, Melbourne Airport, Frankston, and Point Xxxxxx. At the commencement of each project, the onsite management and employee representatives shall agree which is to be the applicable automatic weather monitoring station.
PERFORMANCE MEASUREMENTS Upon a particular Commission’s issuance of an Order pertaining to Performance Measurements in a proceeding expressly applicable to all CLECs generally, BellSouth shall implement in that state such Performance Measurements as of the date specified by the Commission. Performance Measurements that have been Ordered in a particular state can currently be accessed via the internet at xxxx://xxxx.xxxxxxxxx.xxx. The following Service Quality Measurements (SQM) plan as it presently exists and as it may be modified in the future, is being included as the performance measurements currently in place for the state of Tennessee. At such time that the TRA issues a subsequent Order pertaining to Performance Measurements, such Performance Measurements shall supersede the SQM contained in the Agreement. BellSouth Service Quality Measurement Plan (SQM) Tennessee Performance Metrics Measurement Descriptions Version 2.00 Issue Date: July 1, 2003 Introduction
Methods of Measurement The methods used to identify the educational strengths and needs of students are set forth in the approved Application.
Measuring DNS parameters Every minute, every DNS probe will make an UDP or TCP “DNS test” to each of the public-‐DNS registered “IP addresses” of the name servers of the domain name being monitored. If a “DNS test” result is undefined/unanswered, the tested IP will be considered unavailable from that probe until it is time to make a new test.
Usage Measurement Usage measurement for calls shall begin when answer supervision or equivalent Signaling System 7 (SS7) message is received from the terminating office and shall end at the time of call disconnect by the calling or called subscriber, whichever occurs first.
Scoring The number of routes each company operates (Route # 0001-2999, 8000-8199) will be multiplied by 2 to determine the daily number of trips. (Only accidents, breakdowns and service reports related to routes falling in this range will be used for the evaluation). The daily number of trips will be multiplied by 175 to arrive at the annual number of trips. The number of accidents, breakdowns and service complaints will be divided by the total number of trips to calculate a percent figure. Each company’s percentage will be compared to the total average. See below for a sample. BUS COMPANY NUMBER OF TOTAL BKDN PERCENT ACCIDENTS PERCENT2 SERVICE PERCENT3 ROUTES TRIPS BKDN ACCIDENTS REPORTS COMPLAINTS TO TRIPS TO TRIPS TO TRIPS A 360 58680 3 0.01% 27 0.05% 46 0.08% B 48 7824 3 0.04% 4 0.05% 39 0.50% C 123 20049 11 0.05% 9 0.04% 27 0.13% D 91 14833 0.00% 10 0.07% 11 0.07% E 124 20212 20 0.10% 19 0.09% 18 0.09% TOTALS 746 121598 37 0.03% 69 0.06% 141 0.12% To score, if a company’s percentage is less than or equal to the total percentage for that category, the company will be awarded 6 points per category. Percentages greater than the total percentage for each distinct category (Accident, Breakdown, Service Complaints) will be scored according to the following scale: Vendor Category Percent Points Less than-Equal to Ave. 6 points 0-3% above average 5 points 4-7% above average 4 points 5-8% above average 3 points 9-12% above average 2 points 13-16% 1 points Greater than 17% 0 points Example: Company A had a lower percent of breakdowns than the average total, and would receive 6 points for breakdowns. If a company has a higher percentage than the average total, 0 point will be added to their score. Company B would not receive 6 points for breakdowns. The same calculation would be performed for accidents and service complaints. Any circumstance whereby a Breakdown or Accident is found by PTS to be ‘Non Reported’ by vendor within the required timeframe (see G-36) will count as (20) ‘Reported’ instances for the purpose of this Contractor Evaluation Scoring.