Nonperformance definition

Nonperformance means lack of compliance with the contract specifications and/or terms and conditions.

Nonperformance means the occurrence of any of the following:

Nonperformance means the substantial and continuing failure by a General Partner to perform its material obligations under the Agreement and/or such continued negligence or misconduct by the General Partner resulting in a material adverse effect upon the assets or business of the Partnership that is not otherwise cured by the General Partner and/or knowing breach of specific provisions of this Agreement and/or fraud or willful misconduct on the part of the General Partner.

Examples of Nonperformance in a sentence

• If, after notice of termination of Vendor’s right to proceed under the provisions of this clause, it is determined for any reason that the contract was not in default, or that the delay was excusable under the provisions of the prior paragraph (Excuse for Nonperformance or Delayed Performance), the rights and obligations of the parties shall be the same as if the notice of termination had been one of termination for convenience.

• History of non-performing contracts: Non-performance of a contract did not occur as a result of contractor default within the last 3 years.

• Nonperformance of either party, except the failure to pay amounts due, shall be excused to the extent that performance is rendered impossible by strike, fire, flood, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the control and not caused by the negligence of the nonperforming party.

• Non-performance, termination, and other remedies for non-performance will be handled consistent with the authorities set forth in section II of this Agreement, to include 2 CFR § 200.339 and RS 2370.33.

• Non-performance occurs when a subgrantee fails to comply with any material requirement under the U.S. Constitutions, applicable Federal statutes (to include 47 USC § 1702) and regulations, the DOC ST&Cs, the General Terms and Conditions for the BEAD Program, the Specific Award Conditions applicable to Louisiana’s BEAD award (22-20-B061), the GUMBO 2.0 Act, the GUMBO 2.0 Rules, and Louisiana’s BEAD Initial Proposal.

More Definitions of Nonperformance

Nonperformance means lack of compliance with the Contract Specifications and/or terms and conditions.

Nonperformance means Executive's refusal to perform duties after receipt of a written warning regarding his performance of such duties. Upon termination for Non-Performance, the Company shall only be required to pay Executive any unpaid compensation earned by him pursuant to Paragraph 4 hereof for services rendered through the date of such termination and reimbursements unpaid to date under Paragraphs 7 or 8 hereof, and Executive shall not be entitled to receive any of the Severance Benefits set forth in Paragraph 10.E hereof.

Nonperformance means lack of compliance with the contract spec ificat ions and/or terms and conditions.

Nonperformance the failure of a Party to pay any monetary obligation hereunder or to substantially perform any non-monetary material condition, obligation, requirement or service hereunder.

Nonperformance. Employee engages in (i) acts or omissions of negligence or gross misconduct in the performance of duties to the Company; (ii) repeated unexplained or unjustified absences from the Company; or (iii) a willful violation of any federal or state statute. In the event any act or omission of negligence or gross misconduct referred to above is curable, the Company shall give written notice of such negligence or gross misconduct and ten (10) days to cure it unless such failure is the second failure (whether or not the first failure was cured) of the same nature within six, months, in which case termination may be immediate without application of a cure period.

Nonperformance means lack of compliance with the Contract Specifications, termsor conditions.

Nonperformance means the failure of the Division to achieve 60% of the EBITDA target contained in the Earn Out Plan set forth in Exhibit F-1 to the Merger Agreement in any Measurement Year (as defined in the Merger Agreement).