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.
Standards of Performance. The Contractor shall perform the Services hereunder in compliance with all applicable federal, state, and local laws and regulations. The Contractor shall use only licensed personnel to perform Services required by law to be per- formed by such personnel.
Standards of Performance. Executive will at all times faithfully, industriously and to the best of his/her ability, experience and talents perform all of the duties required of and from him/her pursuant to the terms of this Agreement. Executive will devote his/her full business energies and abilities and all of his/her business time to the performance of his/her duties hereunder and will not, without the Company’s prior written consent, render to others any service of any kind (whether or not for compensation) that, in the Company’s sole but reasonable judgment, would interfere with the full performance of his/her duties hereunder. Notwithstanding the foregoing, Executive is permitted to spend reasonable amounts of time to manage his/her personal financial and legal affairs and, with the Company’s consent which will not be unreasonably withheld, to serve on one civic, charitable, not-for-profit, industry or corporate board or advisory committee, provided that such activities, individually and collectively, do not materially interfere with the performance of Executive’s duties hereunder. In no event will Executive engage in any activities that could reasonably create a conflict of interest or the appearance of a conflict of interest. Executive shall be subject to the Company’s policies, procedures and approval practices, as generally in effect from time to time.
Standards of Performance. The Contractor acknowledges it has satisfied itself to:
Standards of Performance. A. Standard of Care: The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with any services performed or furnished by Engineer.
Standards of Performance. The Employer and the Union are committed to providing the highest level of service to the citizens of the State of Ohio. Employees' performance will be measured utilizing standards which account for both law enforcement and administrative duties. Employees will be apprised of the relative standards of performance of their job, based upon the employee's duty assignment, hours of work and other relative criteria, and counseled if the employee does not meet these standards. The Employer shall not establish a quota system for the issuance of law enforcement violations. Time spent engaged in activities approved by a supervisor of a non-enforcement nature shall be considered in measuring job performance.
Standards of Performance. A. The standard of care for all professional and related services performed or furnished by Contractor under this Agreement will be the care and skill ordinarily used by members of Contractor’s profession practicing under similar conditions and circumstances and in a similar locality.
B. Contractor shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Contractor shall correct such deficiencies without additional compensation, except to the extent such action is directly attributable to deficiencies in City-furnished information.
C. Contractor shall perform or furnish professional and related services in all phases of the Project to which this Agreement applies. Contractor may employ such Contractor’s consultants as Contractor deems necessary to assist in the performance or furnishing of the services. The meaning of the term “consultant” shall include “subcontractor.” Contractor shall not be required to employ any Contractor consultant unacceptable to Contractor; however, the Contractor shall obtain the City’s written approval for each consultant selected. Such approval may be granted by the City Manager or by any duly authorized agent of the City Manager.
D. Contractor and City shall comply with all applicable local, state and federal Laws and Regulations or Standards. Changes made to these requirements subsequent to the City’s issuance of the Notice to Proceed may be the basis for modifications to City’s responsibilities or to the scope, schedule, and compensation for Contractor’s services.
E. City shall be responsible for, and Contractor may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by City to Contractor pursuant to the Agreement. Contractor may use such requirements, reports, data, and information in performing or furnishing services under this Agreement.
F. City shall make decisions and carry out its other responsibilities in a timely manner so as not to unreasonably delay the services of Contractor.
G. Contractor shall guarantee the performance of any consultant hired by, or otherwise relied upon by Contractor and shall assume responsibility for any such consultant’s failure to furnish and perform the Work in accordance with this Agreement.
H. Contractor shall not be responsible for the acts or omissions of any contractor(s), subcontractor, or sup...
Standards of Performance. 3.8.1 Each Party shall provide the other Party Interconnection (i) in accordance with Section 3.6 as determined by this Section 3.8 and (ii) as required by the Commission (collectively, the “Interconnection Performance Benchmarks”).
3.8.2 To determine a Party's compliance with the Interconnection Performance Benchmarks, each Party shall maintain separate records of the specific criteria listed on Schedule 3.8 (each, an “Interconnection Performance Activity”) relating to Interconnection that it provides to itself, its subsidiaries, and Affiliates (the “Providing Party's Interconnection Records”) and to other LECs (the “Other LEC Interconnection Records”) and parallel records of the Interconnection that the Providing Party provides to the other Party (the “Other Party's Interconnection Records”) and shall use the methods described in Schedule 3.8 to calculate Interconnection Performance Activity and determine compliance with such Interconnection Performance Activity and with such additional criteria to which the Parties may agree upon, including those regarding Ameritech's compliance with different performance levels and intervals requested by Requesting Carrier and provided by Ameritech pursuant to Section 3.6 and a Bona Fide Request.
3.8.3 The Providing Party shall provide to the Other Party for each calendar month (a “Reporting Period”), by the twenty-second (22nd) day of the following month, in a self-reporting format, the Providing Party's Interconnection Records, the Other LEC Interconnection Records and the Other Party's Interconnection Records so that the Parties can determine the Providing Party's compliance with the Interconnection Performance Benchmarks. If (i) the Providing Party fails to comply with an Interconnection Performance Benchmark with respect to an Interconnection Performance Activity for a Reporting Period, (ii) the sample size of the Interconnection Performance Activity measured for such Reporting Period is statistically valid and (iii) the amount by which the applicable Interconnection Performance Activity deviates from the corresponding Interconnection Performance Benchmark is statistically significant, then the Providing Party shall have committed a “Specified Performance Breach”. Notwithstanding anything to the contrary in this Section 3.8, the Parties acknowledge that (x) the Providing Party shall not be required to provide to the other Party those Other LEC Interconnection Records that correspond to and measure levels of qualit...
Standards of Performance. X.9.1 Ameritech shall provide Resale Services to CLEC (i) in accordance with Section 10.8 as determined by this Section 10.9 and (ii) as required by the Commission (collectively, the Resale Performance Benchmarks).
X.9.2 To determine Ameritech's compliance with the Resale Performance Benchmarks, Ameritech shall maintain records of specific criteria listed in Schedule 10.9.2 (each, a Resale Performance Activity) relating to Resale Services it provides to itself and to its subsidiaries, Affiliates and Ameritech's retail Customers (the Ameritech Resale Records ) and parallel records of the Resale Services provided to (i) CLEC (the CLEC Records ) and (ii) on an aggregate basis, resellers of Telecommunications Services other than CLEC (the Other Reseller Records ). Xxxxxxxxx believes, after good faith inquiry, that Schedule 10.9.2 is a complete and accurate description of all criteria used as of the Effective Date by Ameritech to measure Resale Services provided to itself and to its subsidiaries, Affiliates or its Retail Customers. The criteria will be revised in accordance with the procedures set forth in the Implementation Plan if Ameritech no longer measures criterion in assessing its performance in providing such Resale Service to Ameritech's retail Customers or begins measuring additional criteria.
X.9.3 Ameritech shall provide to CLEC for each Reporting Period, by the twenty-second (22nd) day of the following month, in a self-reporting format, the Ameritech Resale Records, the CLEC Resale Records and the Other Reseller Records so that the Parties can determine Ameritech's compliance with the Resale Performance Benchmarks. If (i) Ameritech fails to comply with a Resale Performance Benchmark with respect to a Resale Performance Activity for a Reporting Period, (ii) the sample size of the Resale Performance Activity measured for such Reporting Period is statistically valid, and (iii) the amount by which the applicable Resale Performance Activity deviates from the corresponding Resale Performance Benchmark is statistically significant, then Ameritech shall have committed a Specified Performance Breach. Notwithstanding anything to the contrary in this Section 10.9.3, the Parties acknowledge that the Other Reseller Records shall be provided to CLEC (x) on an aggregate basis and
Standards of Performance. A. The Concessionaire shall be responsible for assuring that the concession operations authorized by this Lease provide services to the best standards prevailing for similar businesses.
