Certification of Performance Clause Samples

Certification of Performance. No reimbursement shall be made, and no ex- penditure shall be credited, pursuant to this sec- tion, unless and until the Chief of Engineers or his designee, has certified that the work for which reimbursement or credit is requested has been performed in accordance with the agree- ment.

Certification of Performance. Prior to Naue▇▇'▇ ▇▇▇eipt of any Tax Payment or incentive pay under Section 2(c) of this Agreement, the Board of Directors of the Company or the Compensation Committee thereof shall certify whether or not the Performance Goal was satisfied.

Certification of Performance. Prior to payment, exercise or vesting of any Performance Award, the Committee will certify in writing whether the applicable Performance Objectives and other material terms imposed on such Performance Award have been satisfied, and, if they have, ascertain the amount of the payout or vesting of the Performance Award.

Certification of Performance. Except for Awards that pay compensation attributable solely to an increase in the value of Shares, no Award designed to qualify as Performance-Based Compensation shall be vested, credited or paid, as applicable, with respect to any Participant until the Committee certifies in writing that the performance goals and any other material terms applicable to such Performance Period have been satisfied.

Certification of Performance. The Administrator will determine and certify in writing whether the Company has achieved the Stock Price Goal on a date that occurs within the ten (10) day period prior to the expected date of completion of a Change in Control, with such expected date determined by the Administrator, in its sole discretion. The vesting of any PSUs shall thereafter remain subject to the occurrence of such Change in Control and the Employment Requirement.

Certification of Performance. The Administrator periodically will determine and certify in writing (a “Certification”) whether the Company has achieved any of the Stock Price Goals, the applicable Stock Price Achievement Date, and any Eligible Shares. The date of each such certification is a “Certification Date.” In addition, the Participant, from time to time (but not more than twice per fiscal quarter of the Company) during the Performance Period, also may make requests that the Administrator complete a Certification. Upon such written request by the Participant, the Administrator will complete a Certification within fifteen (15) days of the date of receipt of the Participant’s written request. Without limiting the foregoing and to the extent any Tranche is then outstanding and unvested, the Administrator will complete a Certification on or within thirty (30) days following the date of cessation of the Participant’s Continued Eligible Service (but in no event later than the Expiration Date), and additionally, in the case of a cessation of Participant’s Continued Eligible Service due to Participant’s death or Disability, the Administrator will complete a final Certification on or within thirty (30) days following the completion of the Adjusted Performance Period (as defined below). Without limiting the foregoing and to the extent any Tranche is then outstanding and unvested, the Administrator will complete at least one Certification within the thirty (30)-day period beginning sixty (60) days prior to the Expiration Date and further, to the extent reasonably possible that the Company may achieve any Stock Price Goals not yet achieved by such time, in each of the last ten (10) consecutive Trading Days ending with the Expiration Date.

Certification of Performance. After we perform our preopening obligations under this Agreement, we may request that you execute a certification (the “Certification of Performance”), in a form we reasonably request, confirming such performance. If we make this request, you must execute and deliver the Certification of Performance to us within three-business days of our request. If, however, you do not reasonably believe that we have performed all our preopening obligations under this Agreement, you must, within said three-day period, provide us with written notice specifically describing the obligations that we have not performed. Not later than three-business days after we complete all the obligations specifically described in your notice, you must execute and deliver the Certification of Performance to us. You must do so even if we performed such obligations after the time performance was due under this Agreement. The term “preopening obligations” means such of our obligations to you under this Agreement that must be performed before the Opening Date for the Franchised Business.

Certification of Performance. □ During the period between January 1, 2021 and February 15, 2021, the Compensation Committee shall determine and certify the Company’s actual performance in relation to each Performance Goal and shall determine the percentage, if any, of the Loyalty Program Goal PSUs and E-Commerce Goal PSUs that shall vest (subject to the Participant’s continued employment, except as provided below under the heading “Special provisions regarding vesting of awards”).

Certification of Performance. The Administrator periodically will determine and certify in writing (a “Certification”) whether the Company has achieved any of the Stock Price Goals. The date of each such Certification is a “Certification Date.” In addition, the Company, from time to time during the Performance Period, also may make requests that the Administrator complete a Certification. Upon such written request by the Company, the Administrator will complete a Certification within fifteen (15) calendar days of the date of receipt of the request. Once a Stock Price Goal with respect to a Tranche has been certified, the Earned Units subject to such Tranche will vest on the Vesting Date, subject to Participant continuing to be a Service Provider through the Vesting Date (but subject to Section D. below). To the extent a Stock Price Goal for any Tranche has not been achieved on or prior to the last day of the Performance Period, then no later than fifteen (15) calendar days following the last day of the Performance Period (the “Deadline Date”), the Administrator will complete a final Certification to determine whether the Stock Price Goal for any such Tranche was achieved during the Performance Period (the “Final Certification”).