Defective Performance definition

Defective Performance has the meaning given to it in Clause 11.1 (Defective Performance);
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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.
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Defective Performance has the meaning set out in Clause 2.13 (Defective Performance);
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Examples of Defective Performance in a sentence

  • 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.

  • The answer to this question is found in a rule of construction and not in a rule of law Breach for Defective Performance Usually it's a question of construction as to wether strict performance is required or reasonable care.


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.
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Defective Performance means a failure after the Commencement Date to act in accordance with Good Industry Practice which:
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Defective Performance or “Inadequate Performance” means where the performance levels of the Services do not meet the Benchmarks, Targets and Metrics.
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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 Underlyingi,FINAL Underlyingi,INITIAL= Arithmetic mean of the Reference Prices of the relevant Underlying with respect to all Averaging Dates = 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

  • 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

  • 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 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.

  • 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;

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

  • 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;

  • 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.

  • Service Levels means the service levels to be met by the Services as referenced in the Contract Letter and set out in the Specification Schedule.