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

  • As described in the Motion to Authorize Continued Performance of Obligations under Intercompany and Shared Services Arrangements [Docket No. 12] (the “Shared Services Motion”), Edison Mission Energy holds direct or indirect interests in approximately 282 subsidiaries, the vast majority of which are not debtors in these chapter 11 cases.

  • Pursuant to the Debtors’ Motion for Entry of Interim and Final Orders (I) Authorizing Continued Use of Existing Cash Management System and Bank Accounts; (II) Waiving Certain United States Trustee Requirements; (III) Authorizing Continued Performance of Intercompany Transactions; and (IV) Granting Related Relief [Docket No. 9], the Debtors obtained the entry of interim and final orders [Docket Nos.

  • Sincerely,Attachment 2 - Example Letter Template A/Independently Funded‌ Date Awardee Name Attn:Street AddressCity, State and Zip Code Subject: Financial Assistance Award number: Continued Performance during a Lapse in Appropriations The Continuing Resolution (CR) providing (Agency/Component) appropriations expired on.

  • SHARE CAPITAL (Continued) Performance Share Units Under the PRSU Plan, PSUs are issued to eligible persons and generally vest after a three year period (100% cliff vesting on the third anniversary date).

  • In the event of the termination of this Contract, Contractor also agrees to abide by the Requirement of Continued Performance provision of this Bid Event.

  • 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.

  • 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.

  • Manager fees of US$80,037 (31 December 2020: US$69,910) were payable at theperiod-end.NOTES TO THE FINANCIAL STATEMENTS (Continued)For the period ended 30 June 2021 4 Fees (Continued) Performance feeIn addition to the annual investment management fee, the Investment Manager is entitled to a performance f ee (the "Performance Fee") in respect of the Cla ss E USD Sha res only.

  • Share based payments (Continued) Performance RightsThe Company has adopted a Performance Rights Plan which allows for performance rights to be granted to employees, Directors and consultants of the Group,(“Eligible Participants”) of the Company by providing performance related incentives and rewards.

  • In the event the Contractor fails to participate in any part of this process, it shall thereby waive the asserted dispute or claim.D. Good Faith and Continued Performance.

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 = 4 Wi = Weighting of the relevant Underlying Underlying i,FINAL Underlying i,INITIAL= Reference Price of the relevant Underlying with respect to the Valuation Date = 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;

  • 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 shall have the meaning set forth in Clause 7.1;

  • 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 Section 10.11.

  • Certificate of Total Performance means a certificate issued indicating that the Work has been achieved;

  • 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.

  • Worst Performance (final means the Performance of the Basket Componentj (final) specified as follows:Performance of the Basket Componentj (final) = mini= 1, ..., N [Ki (final) / Ki (initial)]

  • Financial Performance Covenant means the covenant set forth in Section 6.11.

  • 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

  • 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 contract under which the rate of payments is based upon energy and operational cost savings and a stipulated maximum energy consumption level over the life of the contract.

  • 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.