Performance Default definition

Performance Default shall have the meaning set forth in Section 9.2.1.

Performance Default. Any Servicing Default described in clauses (vii), (viii) and (ix) of Section 10.01(a).

Performance Default means a failure or delay (whether by act or omission) with the method or manner of execution of the obligations or responsibilities of the Service Provider under this Agreement (but shall not include any Service Level Defaults which shall be dealt with separately) whether or not the same is, or is suspected to be, minor or significant and whether or not the same could constitute a Material Breach or Persistent Breach of this Agreement or a breach of any Applicable Law;

Examples of Performance Default in a sentence

• If the Trustee and the Certificate Insurer cannot agree, and the basis for such disagreement is not arbitrary or unreasonable, as to the cause of the Event of Nonpayment or Performance Default, the decision of the Certificate Insurer shall control; provided, however, that if the Certificate Insurer decides to terminate the Servicer, the Trustee shall be relieved of its obligation to assume the servicing or to appoint a successor, which shall be the exclusive obligation of the Certificate Insurer.

• If the Trustee and the Certificate Insurer conclude that such Event of Nonpayment or Performance Default is the result of the latter, Section 10.01(b) above shall not apply, and the Servicer shall not be terminated, unless and until an Event of Default unrelated to such Event of Nonpayment or Performance Default has occurred and is continuing, whether or not the Servicer has cured such Event of Nonpayment or Performance Default.

• Notwithstanding the foregoing, if a Representation or Performance Default is not curable by its nature, the Non-Defaulting Party may immediately terminate this Agreement with a Notice of Default to the Defaulting Party.

• Haringey Council reserves the right to make in-contract changes to an Agreement or to terminate it in accordance with the terms of the Supplier Agreement, particularly relating to Variations, Performance Default and Termination.

• In the event of a Performance Default, the non-defaulting Party shall give the defaulting Party written notice describing such default and demanding cure of such default.

More Definitions of Performance Default

Performance Default means a breach or default of a material obligation of this Agreement.

Performance Default means a Default (but not an Event of Default) with respect to a potential Event of Default described in clause (3) of the definition of “Event of Default” in Section 501 of the Indenture.

Performance Default with respect to the Managing General Partner and its Affiliates shall be deemed to have occurred (subject to Section 5.9) with respect to a Property or Investment if (a) the Managing General Partner shall have failed to cause compliance with any Approved Development Plan with respect to such Property or Investment in any Material respect for any reason other than Force Majeure, or (b) if a Highridge Partner or an Affiliate of any Highridge Partner has breached the provisions of any agreement entered into between such Person and the Partnership or any Investment Entity and has failed to cure such breach within the time required by such agreement (but this clause (b) shall apply with respect to a Property or Investment only if such breach was not willful and therefore does not constitute a Removal Default for which separate remedies are provided elsewhere in this Agreement).

Performance Default means a default in performance under this

Performance Default means any failure by the Contractor properly to perform any of the terms and conditions of the Contract (including without limitation) any failure to perform the Service to the Specification and in accordance with the Method Statements; "Pricing Document" means the document attached as Schedule 3 to the Agreement; "Property Specification" means the requirements for properties set out in Appendix 1 of the Specification; "Records" means all records of the Council and documentation, data or any other information produced by or received from or for or on behalf of the Council (subject to any prior rights) in relation to the Service and stored on whatever medium; “Replacement Contractor” means any third party Contractor appointed by the Council from time to time, to provide any services which are substantially similar to any of the Services, and which the Council receives in substitution for any of the Services following the expiry, termination or partial termination of the Agreement, whether those services are provided by the Council internally and/or by any third party. "Rented Units" means the dwellings taken or to be taken on Headleases (being separate dwellings as the term is referred to in Section 1 Housing Act 1988) by the Contractor from private owners in accordance with this Agreement and "Rented Unit" shall be construed accordingly; "Service" means the provision of the procurement and management of temporary accommodation services under the Council’s HALS scheme as further described in the Specification and its Appendices; "Specification" means the detailed specification of the Service attached as Schedule 1 to the Agreement as varied by the Council from time to time; "Tenancy Agreement" means an assured shorthold tenancy agreement as defined by the Housing Act 1988 (as amended) in a form prepared by the Contractor approved by the Council and containing terms which accord with the guidance on housing management issued by the Homes and Community Agency (HCA) pursuant to Section 36 Housing Act 1996 as amended by the Housing and Homelessness Act 2002; "Term" means the term of this Agreement as detailed in Condition 2, subject to earlier termination or extension in accordance with these Conditions; “Transferring Employees” means those employees whose contract of employment becomes, by virtue of the application of TUPE in relation to

Performance Default means any breach by HS2 Ltd of Clause 8 in respect of which the SoS has elected to declare a Performance Default, in his/her absolute discretion;

Performance Default shall be as defined in Section 10.3.