Goals Goals define availability, performance and other objectives of Service provisioning and delivery. Goals do not include remedies and failure to meet any Service Goal does not entitle Customer to a Service credit.
Performance Monitoring The Grantee will monitor the performance of the Recipient against goals and performance standards required herein. Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Recipient within a reasonable period of time after being notified by the Grantee, contract suspension or termination procedures will be initiated.
Long-Term Incentive Awards On January 25, 2021 (the “Date of Grant”), the Compensation Committee granted to Employee under the Company’s 2021 Long Term Incentive Plan (such plan, or any successor plan, the “LTIP”) (i) an award of restricted stock units (the “Initial RSUs”) and (ii) an award of performance stock units (the “Initial PSUs”). Provided that Employee is employed by the Company on the applicable date of grant, Employee shall be eligible to receive annual long-term incentive awards under the LTIP commencing in calendar year 2023 with a grant date target value not less than 220% of Employee’s Base Salary as in effect on the applicable date of grant of such award on such terms and conditions as the Board and the Compensation Committee shall determine from time to time. While it is currently anticipated that such annual long-term incentive awards will be in the form of a combination of restricted stock units (30% of the annual award, and vesting in one-third increments on each of the first three anniversaries of the date of grant) and performance stock units (70% of the award, and cliff vesting at the end of a three (3)-year performance period), nothing herein shall be construed to give Employee any rights to any particular type of grant or award except as provided in such award to Employee in writing and authorized by the Board or the Compensation Committee. All awards granted to Employee under the LTIP shall be subject to and governed by the terms and provisions of the LTIP as in effect from time to time and the award agreements evidencing such awards.
Long-Term Incentives During the Term, the Executive shall be eligible to participate in the Company’s 2002 Stock Incentive Plan, as amended and restated (or any successor incentive plan thereto), to the extent that the Compensation Committee, in its sole discretion, determines is appropriate. The Compensation Committee will make its determination consistent with the methodology used by the Company for compensating the Executive’s peer executives. Additionally, the Executive shall be entitled to participate in all other incentive plans, whether equity-based or cash-based, applicable generally to his peer executives within the Company.
Status as Business Development Company The Borrower has elected to be regulated as a “business development company” within the meaning of the Investment Company Act and qualifies as a RIC.
Continuous Operations Any employee or group of employees engaged in an operation for which there is regularly scheduled employment on a twenty-four (24) hour a day, seven (7) day a week basis shall be known as continuous operations employees.
Metrics The DISTRICT and PARTNER will partake in monthly coordination meetings at mutually agreed upon times and dates to discuss the progress of the program Scope of Work. DISTRICT and PARTNER will also mutually establish criteria and process for ongoing program assessment/evaluation such as, but not limited to the DISTRICT’s assessment metrics and other state metrics [(Measures of Academic Progress – English, SBAC – 11th grade, Redesignation Rates, mutually developed rubric score/s, student attendance, and Social Emotional Learning (SEL) data)]. The DISTRICT and PARTNER will also engage in annual review of program content to ensure standards alignment that comply with DISTRICT approved coursework. The PARTNER will provide their impact data based upon these metrics.
Performance Targets There is an expectation that 30% of customers entering Training will move into Employment within 26 weeks of leaving Training. For the purposes of assessing Provider performance Participants who leave the Programme within 6 weeks of starting Training will be excluded from the total of Participants entering Training. There is an expectation that 50% of Participants who enter Employment within 26 weeks of leaving Training will remain in Employment for at least 13 weeks in the 26 weeks beginning on the first day of Employment. Provider performance will be monitored against these expectations in line with Schedule 12 to the Contract and Providers will be required to produce performance improvement plans to improve performance where these targets are not being met.
Entities If the undersigned is not an individual but an entity, the individual signing on behalf of such entity and the entity jointly and severally agree and certify that:
Performance Metrics ADAPTEC. Subject to Section 3.4 and any other terms and conditions of this Agreement, Adaptec shall maintain sufficient resources to perform its obligations hereunder and under the Transition Service Schedules. Specific performance metrics for Adaptec for a specific Service may be set forth in the corresponding Transition Service Schedule. Where none is set forth, Adaptec shall use reasonable efforts to provide Services in accordance with the policies, procedures and practices in effect before the Separation Date relating to or in connection with the Roxio Business and shall exercise the same care and skill as it exercises in performing similar services for itself.