Continued Performance definition

Continued Performance. At State’s option, Concessionaire shall continue with its responsibilities under this contract during any dispute.
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Examples of Continued Performance in a sentence

  • RESOLUTION OF DISPUTES 45 15.1. Mutual Differences 45 15.2. Referral to an Expert 45 15.3. Arbitration 47 15.4. Continued Performance 50 16.

  • Each Party acknowledges that, in the event of a Supplier breach of Clause 3.3 (Compliance with Experian Policies), either Party’s breach of Clause 5 (Confidentiality Obligations; Data Protection), Supplier’s breach of Clause 7.5 (Continued Performance), or Supplier’s breach of Clause 12 (Supplier Obligations), the Party claiming breach by the other Party may be irreparably and immediately harmed and may not to be able to be made whole by monetary damages.

  • Industry Standard 187 SECTION 4 : GENERAL 188 PART E DISPUTE RESOLUTION PROCEDURE 189 Section 1 Not used 189 Section 2 RULES 189 Section 3 Continued Performance 197 PART F INSURANCES 198 PART G DESIGN DEVELOPMENT PROCEDURE 218 1.

  • Continued Performance During the period when a dispute is being resolved, the Parties shall in all other respects continue their performance of this Agreement.

  • FORCE MAJEURE 54 18.1 Failure to Perform Due to an Event of Force Majeure 54 18.2 Events of Force Majeure 54 18.3 Notice of Force Majeure 54 18.4 Events of Force Majeure 55 18.5 Certain Events Not Excused 55 18.6 Continued Performance 55 18.7 Not Used 55 18.8 Force Majeure - Delays 55 18.9 Force Majeure - Cost 56 ARTICLE XIX.

  • SMALL BUSINESS (Continued) Performance Bonus: A performance bonus of $500 per quarter will be available to the advisor.

  • Each Party acknowledges that, in the event of Supplier’s breach of, Section 3.5 (Compliance with Experian’s Supplier Policies), Section 7.4 (Transition Services), or Section 7.5 (Continued Performance), or either Party’s breach of Section 5 (Confidentiality Obligations), the Party claiming breach by the other Party may be irreparably and immediately harmed and may not to be able to be made whole by monetary damages.

  • In accordance with General Services Administration Acquisition Regulation (GSAR) 552.212-4(w)(1)(iv) Continued Performance, and violation of this AUP may result in the suspension or termination of your access to and use of the Databricks Services.

  • Without limiting its other rights, Supplier acknowledges and agrees that any breach or threatened breach of (a) its obligation to provide any Services (including Transition-Out Assistance), or (b) its obligations respecting continued performance in accordance with Section 22.3 (Continued Performance), VITA and other Customers may be irreparably harmed, in which case an adequate remedy at law may not be available.

  • RESOLUTION OF DISPUTES 58 15.1 Mutual Differences 58 15.2 Referral to an Expert 59 15.3 Arbitration 60 15.4 Continued Performance 63 16.

Related to Continued Performance

  • Index Performance means, in relation to an Index and an Auto-Call Valuation Date or the Valuation Date, as the case may be, a percentage calculated by the Calculation Agent in respect of such date in accordance with the following formula: Index Performance =Final Index Level × 100% Initial Index Level

  • Basket Performance means a decimal number calculated by applying the following formula: BP = ∑ W ×iX ⎛⎜⎜i=1 ⎝ Underlyingi,FINAL ⎞⎟⎠Underlyingi,INITIAL ⎟ where: BP = Basket Performance X = 8 Wi = Weighting of the relevant Underlying Underlying i,FINAL Underlying i,INITIAL= Arithmetic mean of the Reference Prices of the relevant Underlying with respect to all Averaging Dates = Initial Price of the relevant Underlying

  • Total Performance means that the entire Work, except those items arising from the provisions of any warranty, have been performed in accordance with the Contract;

  • Underlying Performance means in relation to the Valuation Date a decimal number calculated by applying the following formula: UP =Underlying FINAL Underlying INITIAL where: UP = Underlying Performance with respect to the Valuation Date UnderlyingFINAL UnderlyingINITIAL= Reference Price of the Underlying with respect to the Valuation Date = Initial Price of the Underlying

  • human performance means human capabilities and limitations which have an impact on the safety and efficiency of aeronautical operations;

  • Substantial Performance means the stage of completion when:(a) all Work, as certified by the Contract Administrator, is capable of completion or correction at a cost of not more than:

  • Unsatisfactory Performance means any of the following:

  • Sexually explicit performance means a live or public act or show intended to arouse or satisfy the sexual desires or appeal to the prurient interest of patrons.

  • Additional Performance Security means the Bank Guarantee to be submitted by Successful Bidder in accordance with Clause 8.7 of this RFP Document

  • Control Performance Standard or “CPS” shall mean the reliability standard that sets the limits of a Balancing Authority’s Area Control Error over a specified time period.

  • Energy Performance Score means the numeric rating generated by Portfolio Manager that compares the Energy usage of the building to that of similar buildings.

  • Environmental Performance means all or any of the following: the consumption of energy and associated generation of greenhouse gas emissions; the consumption of water; waste generation and management; and any other environmental impact arising from the use or operation of the Premises or the Estate;

  • Financial Performance Covenants means the covenants of the Borrower set forth in Sections 6.10 and 6.11.

  • Capacity Performance Resource means a Capacity Resource as described in Tariff, Attachment DD, section 5.5A(a).

  • energy performance contracting means a contractual arrangement between the beneficiary and the provider of an energy efficiency improvement measure, verified and monitored during the whole term of the contract, where investments (work, supply or service) in that measure are paid for in relation to a contractually agreed level of energy efficiency improvement or other agreed energy performance criterion, such as financial savings;

  • Extreme performance coating means coatings designed for harsh exposure or extreme environmental conditions.

  • Financial Performance Covenant means the covenant set forth in Section 6.10.

  • Key Performance Indicators or “KPIs” means the performance measurements and targets set out in Part 3 of Schedule 1 (Services) of this Framework Agreement;

  • Qualified Performance-Based Award means an Award intended to qualify for the Section 162(m) Exemption, as provided in Section 11.

  • Key Performance Indicator means a measure that captures the performance of a critical variable to expand and improve community-based corrections programs to promote offender success, ensure accountability, enhance public safety, and reduce recidivism.

  • Publicly Perform means to perform public recitations of the Work and to communicate to the public those public recitations, by any means or process, including by wire or wireless means or public digital performances; to make available to the public Works in such a way that members of the public may access these Works from a place and at a place individually chosen by them; to perform the Work to the public by any means or process and the communication to the public of the performances of the Work, including by public digital performance; to broadcast and rebroadcast the Work by any means including signs, sounds or images.

  • Performance has the meaning ascribed to it in the Copyright Act 98 of 1978, as amended from time to time, and the words “Perform” and “Performed” and “Performing” will have the same meaning

  • Qualified Performance-Based Compensation means any compensation that is intended to qualify as “qualified performance-based compensation” as described in Section 162(m)(4)(C) of the Code.

  • Energy savings performance contract means a public contract between a contracting agency and a qualified energy service company for the identification, evaluation, recommendation, design and construction of energy conservation measures, including a design-build contract, that guarantee energy savings or performance.

  • Qualifying Performance Criteria means any one or more of the following performance criteria, either individually, alternatively or in any combination, applied to either the Company as a whole or to a business unit, Parent, Subsidiary or business segment, either individually, alternatively or in any combination, and measured either annually or cumulatively over a period of years, on an absolute basis or relative to a pre-established target, to previous years’ results or to a designated comparison group, and on a pre-tax or after-tax basis, in each case as specified by the Committee in the Award: (i) cash flow (including operating cash flow or free cash flow); (ii) earnings (including gross margin, earnings before interest and taxes, earnings before taxes, and net earnings); (iii) earnings per share; (iv) growth in earnings or earnings per share; (v) stock price; (vi) return on equity or average stockholders’ equity; (vii) total stockholder return; (viii) return on capital; (ix) return on assets or net assets; (x) return on investment; (xi) revenue; (xii) income or net income; (xiii) operating income or net operating income; (xiv) operating profit or net operating profit; (xv) operating margin; (xvi) return on operating revenue; (xvii) market share; (xviii) contract awards or backlog; (xix) overhead or other expense reduction; (xx) growth in stockholder value relative to the moving average of the S&P 500 Index or a peer group index; (xxi) credit rating; (xxii) strategic plan development and implementation (including individual performance objectives that relate to achievement of the Company’s or any business unit’s strategic plan); (xxiii) improvement in workforce diversity; (xxiv) expenses; (xxv) economic value added; (xxvi) product quality; (xxvii) number of customers; (xxviii) objective customer indicators; (xxix) customer satisfaction; (xxx) new product invention or innovation; (xxxi) profit after taxes; (xxxii) pre-tax profit; (xxxiii) working capital; (xxxiv) sales; (xxxv) advancement of the Company’s product pipeline; (xxxvi) consummation of strategic transactions; (xxxvii) reduction in cash utilization; and (xxxviii) addition of technologies and products. The Committee may appropriately adjust any evaluation of performance under a Qualifying Performance Criteria to exclude any of the following events that occurs during a performance period: (A) asset write-downs; (B) litigation or claim judgments or settlements; (C) the effect of changes in tax law, accounting principles or other such laws or provisions affecting reported results; (D) accruals for reorganization and restructuring programs; and (E) any gains or losses classified as extraordinary or as discontinued operations in the Company’s financial statements.

  • Non-Performance Charge means the charge applicable to Capacity Performance Resources as defined in Tariff, Attachment DD, section 10A(e). Nonincumbent Developer: