Use of performance Sample Clauses

Use of performance year quality score for purposes of financial settlement‌ The Performance Year Benchmark that is used in financial settlement will be based on an adjusted discount that reflects the actual performance-year quality score attained by the NGACO. In PY1/CY2016 the quality score used to calculate the final adjusted discount will be 100% if all quality data reporting requirements have been satisfied. In subsequent performance years, the quality score will be calculated as described in the Participation Agreement. For NGACOs with agreements effective January 1, 2017, the PY2/CY2017 quality score used to calculate the final adjusted discount will be 100% unless the quality data reporting and other requirements described in the Participation Agreement have not been met. For NGACOs with agreements effective January 1, 2018, the PY3/CY2018 quality score used to calculate the final adjusted discount will be 100% unless the quality data reporting and other requirements described in the Participation Agreement have not been met.
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Use of performance. AND CONFIGURATION DATA Client acknowledges and agrees that Performance and Configuration Data will be collected by thatDot through the Services. thatDot may use this data for various purposes, including without limitation to administer and provide the Services, to benchmark the Services, and to develop and improve the Services and thatDot’s other products and services. The Performance and Configuration Data will not contain any Client’s confidential information. Client’s identity will not be associated with any Performance and Configuration Data made available to third parties. thatDot’s collection, use, and disclosure of Performance and Configuration Data is not subject to any of the restrictions in thatDot’s privacy policy.
Use of performance. Special Conditions of Use: The period of the use is: (months/years) (from the date of the first broadcast) Date of first broadcast: (to be no later than one month after performance is recorded unless specifically negotiated otherwise) ROLLOVER TERMS ANNUALLY (confirmation required 31 days prior to rollover, subject to option below) The use of the advertising material can continue for a second consecutive period of: 12 months (Rollover will not apply if talent is not featured) On payment of a rollover fee being: XXX% of the Total performance fee The use of the advertising material can continue for a third consecutive period of: 12 months (Rollover will not apply if talent is not featured) On payment of a rollover fee being: a)XXX% of the Total performance fee b) TO BE NEGOTIATED OR ROLLOVER TERMS QUARTERLY: (confirmation required 31 days prior to rollover, subject to option below) The use of the advertising material can continue for quarterly consecutive period/s of: (FIRST QUARTER) 3 months (Rollover will not apply if talent is not featured) On payment of a rollover fee being: 30% of the Total agreed rollover fee The use of the advertising material can continue for quarterly consecutive period/s of: (SECOND QUARTER) 3 months (Rollover will not apply if talent is not featured) On payment of a rollover fee being: 30% of the Total agreed rollover fee The use of the advertising material can continue for quarterly consecutive period/s of: (THIRD QUARTER) 3 months (Rollover will not apply if talent is not featured) On payment of a rollover fee being: 30% of the Total agreed rollover fee The use of the advertising material can continue for quarterly consecutive period/s of: (FOURTH QUARTER) 3 months (Rollover will not apply if talent is not featured) On payment of a rollover fee being: 30% of the Total agreed rollover fee OPTION: The Agent may give the Agency 48 hours notice to accept or confirm negotiated rollover options within the 31 days prior to rollover falling due, or forfeit the undertaking given in paragraph 6 regarding competitive products or brands.

Related to Use of performance

  • 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.

  • Time of Performance Time for performance of the Scope of Services under this Agreement shall begin with receipt of the Notice to Proceed and end no later than December 31, 2026. Consultant shall complete the tasks described in the Scope of Services, within this time or within such additional time as may be extended by the County.

  • Manner of Performance Subject to the provisions of Article XII hereof, the Contractor shall perform all of the Work described in the Statement of Work, or cause such Work to be performed in an efficient and expeditious manner and in accordance with all of the terms and provisions of this Agreement. The Contractor shall perform the Work in accordance with the current professional standards and with the diligence and skill expected for the performance of work of the type described in the Statement of Work. The Contractor shall furnish such personnel and shall procure such materials, machinery, supplies, tools, equipment and other items as may reasonably be necessary or appropriate to perform the Work in accordance with 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.

  • Standard of Performance Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Consultant under this Agreement.

  • 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.

  • Assurance of Performance If at any time the COUNTY has good objective cause to believe CONTRACTOR may not be adequately performing its obligations under this Agreement or that CONTRACTOR may fail to complete the Services as required by this Agreement, COUNTY may request from CONTRACTOR prompt written assurances of performance and a written plan acceptable to COUNTY, to correct the observed deficiencies in CONTRACTOR’s performance. CONTRACTOR shall provide such written assurances and written plan within thirty (30) calendar days of its receipt of COUNTY’s request and shall thereafter diligently commence and fully perform such written plan. CONTRACTOR acknowledges and agrees that any failure to provide such written assurances and written plan within the required time is a material breach under this Agreement.

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