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Defective Performance definition

Defective Performance has the meaning set out in Clause 2.13 (Defective Performance);
Defective Performance means a failure after the Commencement Date to act in accordance with Good Industry Practice which:
Defective Performance or “Inadequate Performance” means where the performance levels of the Services do not meet the Benchmarks, Targets and Metrics.

Examples of Defective Performance in a sentence

  • User Protection in IT Contracts: A Comparative Study o f the Protection o f the User Against Defective Performance in Information Technology.

  • Defective Performance [old D8–1]The RTO is authorized, in accordance with HTOS Paragraphs 6–1.2.1 and 11– 1.1.3, to direct the Participant to correct or reperform defective services.8–1.1.12.

  • The warranty period for repaired/replaced items shall restart from the time of elimination of the defect or integration of the replacement part, as applicable.In other regards, the provisions of the effective Hungarian Civil Code (hereinafter referred to as: “Civil Code”) – in particular, those set out in Chapter XXIV on Defective Performance – and the relevant effective legislation shall apply to warranty and guarantee.

  • The Authority will not make a claim against the PBO under Clause 7.2.1(B), 7.2.1(C) or 7.2.1(E) (General Indemnity) or 7.2.2 (Defective Performance), if, acting reasonably, it is satisfied that the liabilities, losses, costs and expenses otherwise the subject of the claim or the Defective Performance have arisen from the PBO's introduction of innovation which it was reasonable to believe would improve the SLC's performance and not as a result of poor performance.

  • A written notice calling upon a Party to remedy a breach is hereinafter referred to as a "Notice of Defective Performance".

  • This obligation shall continue after the termination or expiry of this Agreement for a period of [Redacted] years or [Redacted] years (where the liability relates to Defective Performance) or for an unlimited period (where the liability arises as a result of fraud or wilful default on the part of the SLC or the Parent Body Organisation).

  • If a Major Service Failure has occurred pursuant to Schedule 5 (Service Standards) the Landlord may issue a Notice (a "Notice of Defective Performance") specifying a reasonable time limit within which ESCo must commence and complete rectification action to rectify the position (the "ESCo Cure Period").

  • The Authority shall be entitled to claim against the Parent Body Organisation in respect of such defective performance in accordance with clause 7.2.2 (Defective Performance) of the Parent Body Agreement.

  • Fryderyk ZollFakulta práva a administratívy, Jagelovská univerzita, Krakov, Poľsko / Faculty of Law and Administration, Jagiellonian University, Kraków, PolandDamages Claim due to Defective Performance under the Polish Law / Právo na náhradu škody vzniknutej vadným plnením podľa poľského práva.

  • Unintentional Defective Performance will be rejected by issuing a Contract Discrepancy Report (CDR), attached to this Performance Work Statement (PWS) as Exhibit A.


More Definitions of Defective Performance

Defective Performance means a breach of an Agreement or the GPTC by a Supplier, in particular an improper step taken or omission in the course of the performance of an Agreement, failure to provide Performance in a due and/or timely fashion, the use of inappropriate equipment, a result of work that does not correspond to the Agreement, etc.
Defective Performance means Performance exhibiting obvious or hidden defects or not meeting the parameters according to technical or quality standards or not meeting the specific requirements for Performance specified in the Contract or Order.

Related to Defective Performance

  • 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

  • Unsatisfactory Performance means any of the following:

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

  • 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

  • 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;

  • 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.

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

  • 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:

  • Obscene matter or an obscene performance means matter described in 1984 PA 343, MCL 752.361 to 752.374.

  • 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.

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

  • Standard of performance means a standard for emission of air pollutants which reflects the degree of emission limitation achievable through the application of the best system of emission reduction which (taking into account the cost of achieving such reduction) the Director determines has been adequately demonstrated.

  • 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;

  • 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.

  • 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.

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

  • 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.

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

  • 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;

  • Non-Performing Party The Party who is in breach of, or is otherwise failing to perform, its obligations under this Agreement.

  • Corrective Measure means a measure as defined in Article 3, point 16, of Regulation (EU) 2019/1020;

  • 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)]

  • Performance Standard means the acceptable range of performance for a Performance Indicator or a Service Volume that results when a Performance Corridor is applied to a Performance Target;

  • Time of Performance means the specific time or times indicated in the Contract at which or within which delivery or other performance is to be completed.

  • Schedule of Performance means that schedule of performance, attached hereto as Exhibit G and incorporated herein, setting forth the timelines for Milestones in the design, development, construction, and completion of the Project (including a construction timeline in customary form) together with the dates for submission of documentation required under this Agreement, which schedule shall be attached to the Development Plan and to the Declaration.