Deficient Performance definition

Deficient Performance means, as determined by Accenture in its sole discretion, an employee has (i) demonstrated significant performance deficiencies which have been documented, (ii) been given a written action plan for improving their performance, (iii) been given written documentation that describes the consequences of the individual’s failure to address deficiencies in their performance, or (iv) failed or been unwilling to meet job requirements related to travel. The term “Deficient Performance” excludes any reason determined by Accenture to constitute “Cause.”
Sample 1Sample 2Sample 3
Deficient Performance means performance falling below an objective standard of reasonable representation. Strickland at 687-688. “Prejudice” in this context, means a reasonable probability that, but for counsel’s errors, the result of the proceeding would have been different. Id. at 694. Reversal as a result of prejudice from defective representation is justified only where the results are unreliable or the proceeding was clearly fundamentally unfair due to counsel’s performance. State v. Carter, 72 Ohio St.3d 545, 558, 651 N.E.2d 965 (1995).
Sample 1
Deficient Performance. Upon identification of deficient performance, where the Construction Contractor fails to provide timely or acceptable performance, the D/CC shall proceed as follows: (1) Notify within three (3) business days the Department, the Construction Contractor, and any affected surety, in writing and by registered mail delivery, of the potential for the Construction Contractor’s default action and the D/CC’s recommendation; (2) Identify applicable Construction Contract references, with design interpretation of such references, and clearly explain where the Construction Contractor's performance fails to meet the design intent of the D/CC’s final design drawings and specifications requirements; and (3) Specify a time and date for the Construction Contractor to begin active and continuous work towards Contract compliance with a specific time and date for completion. Bulletin Authorization: Request authorization to issue each individual Bulletin. The D/CC 's Bulletin Authorization request will:
Sample 1

Examples of Deficient Performance in a sentence

  • If at the end of any time Contractor's actual Performance Outcome in any category is more than ten percent (10%) below that specified in the Work Activity Schedule ("Deficient Performance"), within fifteen (15) days after WDB determines and notifies Contractor that such a deficiency exists, Contractor shall submit to WDB a written plan for corrective action.

  • Evaluation Key Deficient Performance that does not meet an acceptable standard.

  • Deficient Performance: City reserves the right to deduct from the payments due or to become due to the Contractor for deficient performance.

  • In the event of a Determination of Concern, Finding of Deficient Performance or Finding of Noncompliance, the grantee will present documentation to address the concern, resolve the deficiency or present a corrective action plan.

  • Deficient Performance and Prejudice (claim nineteen) Fratta complains that counsel provided ineffective representation with respect to the preparation and presentation of evidence in the punishment phase of trial.

  • Grounds for a Finding of Deficient Performance Under the EMSA At hearing, Board personnel had several questions about the grounds on which the Board may find that a sponsor has performed deficiently under Section 106.954(a).

  • Involuntary Transfer Based on Deficient Performance Not Punitive Absent Reduction in Pay, Rankhis presence there “coincided with a less-than-harmonious working envi- ronment.” Bayless told Benach that the decision was not based on a determina- tion of fault or a finding that BenachThe Public Safety Officers Procedural Bill of Rights Act does not constrain a law enforcement agency from ordering the transfer of an employee to compen- sate for his deficient performance.

  • Strickland As A Result Of His Trial Counsel’s Deficient Performance.

  • Deficient Performance ¶15 Trial counsel’s failure to object to irrelevant and unfairly prejudicial questioning may constitute deficient performance, provided that counsel’s performance fell below an objective standard of reasonableness.

  • Daniel’s Trial Counsels’ Failure to Object was Deficient Performance.


More Definitions of Deficient Performance

Deficient Performance means (i) with respect to the General Partner, the failure of the Private Fund to achieve a gross return not less than the Mehta and Isaly Index for the Performance Period or, if that index is not available, any other similar industry index selected upon a Partner Consent, and (ii) with respect to Blackstone, the failure of the Partnership to obtain Funds Under Management of an amount greater than or equal to $50 million at the end of such period, which for this purpose shall include investments made through the Private Fund, other similar vehicles in which the Partnership serves as general partner or investment adviser (excluding the Offshore Fund), the Public Fund and the Separate Accounts (whether or not such assets were invested prior to the formation of the Partnership).
Sample 1

Related to Deficient Performance

  • Unsatisfactory Performance means any of the following:

  • 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

  • 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;

  • Basket Performance means Wi * Final Share Level(i) / Initial

  • 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;

  • 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

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

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

  • 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:

  • Deficient Valuation With respect to any Mortgage Loan, a valuation of the related Mortgaged Property by a court of competent jurisdiction in an amount less than the then outstanding principal balance of the Mortgage Loan, which valuation results from a proceeding initiated under the Bankruptcy Code.

  • 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.

  • Non-Performing Assets means an asset classified as non-performing based on the instructions and guidelines issued by the Reserve Bank of India from time to time

  • Deficient Loss means the determination by a court in a bankruptcy proceeding that the value of the collateral is less than the amount of the loan in which case the loss will be the difference between the then unpaid principal balance (or the NPV of a modified loan that defaults) and the value of the collateral so established.

  • Non-Performing Loans means, with respect to any Bank Subsidiary at any time, the aggregate principal amount (including any capitalized interest) of all nonaccruing loans of such Bank Subsidiary plus the aggregate principal amount of all loans of such Bank Subsidiary that are ninety (90) days or more past due and still accruing minus the Guaranteed Loan Amount of such Bank Subsidiary, in each case at such time.

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

  • 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.

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

  • Deficient housing unit means a housing unit with health and safety code violations that require the repair or replacement of a major system. A major system includes weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement and/or load bearing structural systems.

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

  • Service Level Failure means a failure to perform the Software Support Services fully in compliance with the Support Service Level Requirements.

  • 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)]

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

  • Non-Performing Mezzanine Investments means Mezzanine Investments other than Performing Mezzanine Investments.

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

  • Performance Failure means any failure of the Fund Manager, administrator and/or the custodian (and/or other relevant service provider, as determined by the Calculation Agent) of a Fund to perform any of its material obligations under the Fund Rules or the liquidation, termination of appointment or resignation of the Fund Manager, administrator, custodian and/or a relevant service provider of such Fund;

  • 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.