Performance Holdbacks definition

Performance Holdbacks has the meaning set out in Section 43.1;
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Performance Holdbacks has the meaning set out in Section 43.1; “Phasing Plan” has the meaning set out in Section 24.1;
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Performance Holdbacks means the V3 Holdback, the Preliminary PP Holdback and the Full PP Holdback.
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Examples of Performance Holdbacks in a sentence

  • If any amount is applied against the Performance Holdbacks, the Design-Builder will at the Owner’s option, acting reasonably, either pay such amount to the Owner to replenish the Performance Holdbacks then required to be withheld, or the Owner may withhold such amount from the next payment or payments due to the Design-Builder.

  • If the Owner accepts the proposal, the Owner will upon receipt of the performance security release the Performance Holdbacks to the Design-Builder.

  • The Owner may, in its discretion, either deduct the daily sums in respect of liquidated damages from the Performance Holdbacks or any amounts payable to the Design-Builder under this Agreement or may require payment thereof by the Design-Builder on demand.

  • If any amount is applied against the Performance Holdbacks, the Design-Builder will at the Authority’s option, acting reasonably, either pay such amount to the Authority to replenish the Performance Holdbacks then required to be withheld, or the Authority may withhold such amount from the next payment or payments due to the Design-Builder.

  • If the Authority accepts the proposal, the Authority will upon receipt of the performance security release the Performance Holdbacks to the Design-Builder.

  • The Authority may either deduct the daily sums in respect of liquidated damages from the Performance Holdbacks or any amounts payable to the Design- Builder after the Target Substantial Completion Date or may require payment thereof by the Design-Builder on demand.

  • The Owner may in its discretion either deduct the daily sums in respect of liquidated damages from the Performance Holdbacks or any amounts payable to the Design-Builder under this Agreement or may require payment thereof by the Design-Builder on demand.

  • If any amount is applied against the Performance Holdbacks, the Design-Builder will at the Authority's option, acting reasonably, either pay such amount to the Authority to replenish the Performance Holdbacks then required to be withheld, or the Authority may withhold such amount from the next payment or payments due to the Design-Builder.

  • If any amount is applied against the Performance Holdbacks, the Design-Builder will at the Owner’s option, acting reasonably, either pay such amount to the Owner to replenish the Performance Holdbacks then required to be withheld, or the Owner may withhold such amount from the next payment or payments due to the Design- Builder.

  • If the Authority accepts the proposal, the Authority will upon receipt of the letter of credit release the Performance Holdbacks to the Design-Builder.


More Definitions of Performance Holdbacks

Performance Holdbacks has the meaning set out in Section 41.1; (fff) “Preload Contract” has the meaning set out in Section 11.1;
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Performance Holdbacks has the meaning set out in Section 43.1; "PNG" means Pacific Northern Gas Ltd.;
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Related to Performance Holdbacks

  • Performance Cash means any cash incentives granted pursuant to Article 9 payable to the Participant upon the achievement of such performance goals as the Committee shall establish.

  • Performance Cash Award means an award of cash granted pursuant to the terms and conditions of Section 6(c)(ii).

  • Performance Date means December 31, 2022. If the Locality, in consultation with the Authority and VEDP, deems that good faith and reasonable efforts have been made and are being made by the Company to achieve the Targets, the Locality may, prior to the then-current Performance Date, request an extension of the Performance Date by up to 15 months. Any extension of the Performance Date shall require the prior approval of the Board of Directors of VEDP (the “Board”). If the Performance Date is extended, the Locality shall send written notice of the extension to the Authority, the Company and VEDP and the date to which the Performance Date has been extended shall be the “Performance Date” for the purposes of this Agreement.

  • Performance Stock Unit means a right granted to a Participant pursuant to Section 8.2, to receive Stock, the payment of which is contingent upon achieving certain Performance Goals or other performance-based targets established by the Committee.

  • Performance Unit Agreement means a written agreement between the Company and a Holder with respect to a Performance Unit Award.

  • Performance Share Unit or “PSU” means a unit equivalent in value to a Share, credited by means of a bookkeeping entry in the books of the Corporation in accordance with Article 6;

  • Performance Share Units means Performance Share Units granted to an Eligible Individual under Section 9.1(b).

  • Performance Data means a rating, ranking, quotation, discussion or analysis regarding an aspect of the investment performance of an investment fund, an asset allocation service, a security, an index or a benchmark;

  • Performance Stock means a Target Number of Shares granted pursuant to Section 10(a) of the Plan.

  • Performance Shares means Shares or an Award denominated in Shares which may be earned in whole or in part upon attainment of performance criteria established by the Administrator.

  • Performance Share Award means an Award entitling the recipient to acquire shares of Stock upon the attainment of specified Performance Goals.

  • Performance Units means an Award which may be earned in whole or in part upon attainment of performance criteria established by the Administrator and which may be settled for cash, Shares or other securities or a combination of cash, Shares or other securities as established by the Administrator.

  • Long-Term Performance Award means an award under Section 10 below. A Long-Term Performance Award shall permit the recipient to receive a cash or stock bonus (as determined by the Committee) upon satisfaction of such performance factors as are set out in the recipient's individual grant. Long-Term Performance Awards will be based upon the achievement of Company, Subsidiary and/or individual performance factors or upon such other criteria as the Committee may deem appropriate.

  • Performance Unit Award means an Award granted under Article XI of the Plan under which, upon the satisfaction of predetermined Performance Goals, a cash payment shall be made to the Holder, based on the number of Units awarded to the Holder.

  • Performance Compensation Award means any Award designated by the Committee as a Performance Compensation Award pursuant to Section 11 of the Plan.

  • Performance Grant means an Award subject, in part, to the terms, conditions and restrictions described in Section 9, pursuant to which the recipient may become entitled to receive cash, Class A Shares, Other Real Goods Securities or property, or other forms of payment, or any combination thereof, as determined by the Committee.

  • Award Period means the period beginning on an Award Date and ending on the expiration date of such Award.

  • Share Unit means either an RSU or a PSU, as the context requires.

  • 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.

  • Performance Target means the level of performance expected of the HSP in respect of a Performance Indicator or a Service Volume; “person or entity” includes any individual and any corporation, partnership, firm, joint venture or other single or collective form of organization under which business may be conducted;

  • Stock Unit Account means the bookkeeping account established by the Company pursuant to Section 6.4.

  • Performance Stock Award means a Stock Award granted under the terms and conditions of Section 6(c)(i).

  • Award Year means a fiscal year beginning January 1 and ending December 31 with respect to which an Award may be granted.

  • Performance Year means the calendar year prior to the year in which an Annual Award is made by the Committee.

  • Share Units means the hypothetical Shares that are credited to the Share Unit Accounts in accordance with Section 5.3.

  • Phantom Unit means a notional Unit granted under the Plan which upon vesting entitles the Participant to receive, at the time of settlement, a Unit or an amount of cash equal to the Fair Market Value of a Unit, as determined by the Committee in its sole discretion.