Failure to Meet Performance Standards. A. Where an employee who has attained regular status in the class does not meet performance standards, the University shall develop a performance plan intended to correct performance deficiencies.
Failure to Meet Performance Standards. A. Where an employee who has attained regular status in the class does not meet performance standards, the University shall develop a Performance Improvement Plan (PIP) intended to assist the employee to correct performance deficiencies. The employee is ultimately responsible for correcting any performance deficiencies.
Failure to Meet Performance Standards. A. Where an employee who has completed the position orientation year does not meet performance standards (by receiving a “needs improvement” or “below” rating on an evaluation), the University shall develop a performance plan intended to correct performance deficiencies.
Failure to Meet Performance Standards. Each Party reserves the right to bill the other Party for reasonable expenses or time such Party incurs to mitigate or otherwise cure any deficiency in the services required to be provided by the other party hereunder, or for damage caused by the negligent acts of the other.
Failure to Meet Performance Standards. If the Construction Manager fails to comply with its obligations under the standards of this Agreement, the Construction Manager must perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure.
Failure to Meet Performance Standards. If Xxxxxxx fails to meet a Performance Standard, Marqeta shall (i) investigate and report to Client on the root cause(s) of such failure; (ii) advise Client of the status of remedial efforts being undertaken with respect to such failure; (iii) notify Client of the steps which Xxxxxxx believes should be taken to correct the cause of such failure; and (iv) correct the cause of such failure. The failure of Marqeta to meet a Performance Standard shall not constitute a breach of the Agreement unless such failure constitutes a Severity [***] failure and such failure (a) is result of a breach of the Standard of Care; or (b) occurs in [***]; or (c) such failure constitutes a Severity 0 or [***] and aggregates to more than [***].
Failure to Meet Performance Standards. In the event that Bank fails to meet any Performance Standard, Bank shall report in reasonable detail to the Client Relationship Team promptly (and in any event within ten (10) days) following the date of any such failure the extent to which Bank failed to achieve such Performance Standard and the reasons for Bank’s failure to meet such Performance Standard, and shall propose a plan for taking such action as Bank deems appropriate and as may be approved by Zale (such approval not to be unreasonably withheld or delayed) to meet such Performance Standard. Zale and Bank acknowledge that Zale will be damaged by Bank’s failure to meet any Performance Standard and that such damages would be difficult to quantify. Therefore, the parties agree that, subject to the terms of this Section 3.14 and in addition to any other rights which Zale may have pursuant to this Agreement, Applicable Law or otherwise, Bank shall pay Zale liquidated damages for such failure to achieve a Performance Standard as provided in the Performance Standards. Notwithstanding the foregoing, in the event of any significant upgrade to Bank’s operational systems related to the Card Program, which upgrade has been approved in advance by the Client Relationship Team and which could reasonably be expected to adversely affect Bank’s performance during the implementation of such upgrade, the liquidated damages provided for under this Section 3.14 shall not apply with respect to Bank’s failure to meet particular Performance Standards impacted by such upgrade (but only with respect to such particular Performance Standards) during a period approved by the Client Relationship Team when such upgrade is being implemented. Any such upgrade shall be effected by Bank with as little disruption to the Card Program as reasonably possible, in a first class manner and as effectively and efficiently as reasonably possible pursuant to a schedule approved in advance by the Client Relationship Team.
Failure to Meet Performance Standards. If at any time Consultant fails to provide Services meeting the standard of care set forth in section 4.2, County may terminate this PSA and all Project Agreements in accordance with the procedures in Article 6.
Failure to Meet Performance Standards. Performance of services in conformance with the PRS standards is essential for the service provider to receive full payment as identified in the agreement. The Contracting Officer may take deductions against the monthly invoices for unsatisfactory performance documented through surveillance of the service provider’s activities gained through site inspections, reviews of documentation (including monthly QCP reports), interviews and other feedback. As a result of its surveillance, the service provider will be assigned the following rating relative to each performance standard: Page 060 Rating Description Acceptable Based on the measures, the performance standard is demonstrated. Deficient Based on the measures, compliance with most of the attributes of the performance standard is demonstrated/observed with some area(s) needing improvement. There are no critical areas of unacceptable performance At-Risk Based on the performance measures, the majority of a performance standard’s attributes are not met. Using the above standards as a guide, the Contracting Officer will implement adjustments to the service provider’s monthly invoice as prescribed in Attachment 1 Rather than withholding funds until a deficiency is corrected, there may be times when an event or a deficiency is so egregious that the Government deducts (vs. “withholds”) amounts from the service provider’s monthly invoice. This may happen when an event occurs, such as sexual abuse, when a particular deficiency is noted 3 or more times without correction, or when the service provider has failed to take timely action on a deficiency about which he/she was properly and timely notified. The amount deducted will be consistent with the relative weight of the functional performance area where the deficiency was noted. The deduction may be a one-time event, or may continue until the service provider has either corrected the deficiency, or made substantial progress in the correction. Further, a deficiency found in one functional area may tie into another. If a resident escaped, for example, a deficiency would be noted in “Security and Control,” but may also relate to a deficiency in the area of “Administration and Management.”
Failure to Meet Performance Standards. In the event Fidelity does not meet the above stated Performance Standards for any [***] period, Customer will inform Fidelity in writing and Fidelity will use every reasonable effort to remedy the cause of such Performance Standards not being met. Fidelity shall not be held liable for a delay or failure in performance of all or a portion of the Performance Standards from any cause beyond its control and without its fault or negligence.
