Competitive Performance Standards Sample Clauses

Competitive Performance Standards. Throughout the term of this Agreement, --------------------------------- CP shall take all steps reasonably necessary to ensure that, except to the extent otherwise agreed by ICQ, the ICQ Mail Service shall provide ICQ Mail Users with a set of features and functions that is, in ICQ's reasonable judgment, at least as good (in terms of the number and types of features and functions and the quality thereof) as the features and functions then available through the best other web-based email service providers listed in the attached Exhibit G ("Other Webmail Service Providers"). ICQ shall have the right from time to time by written notice to CP to modify the list of Other Webmail Service Providers from time to time to reflect the then-leading web-based email service providers as determined in ICQ's reasonable judgment. Further, CP shall take all steps reasonably necessary to ensure that the performance of the ICQ Mail Service is at least as good as the performance of the web-based email services of the Other Webmail Service Providers and otherwise complies with the performance requirements set forth on Exhibit C. In furtherance of the [**] of this Section 2.4, the parties agree to discuss [**] into the ICQ Mail Service.
Sample 1
AutoNDA by SimpleDocs
Competitive Performance Standards. N2P will use commercially --------------------------------- reasonable efforts during the Initial Term to cause each of the Core Premium Services included in the ICQ IP Telephony Services to be "Best of Breed." For purposes of this Agreement, "Best-of-Breed" means, as to each Core Premium Service, that, as determined by a cross-section of mutually agreed-upon third-party reviewers who are recognized authorities in the IP Telephony industry, (i) such Core Premium Service is competitive, when taken as a whole, with the same or substantially similar services offered by any N2P Competitor through any similar online distribution channel; (ii) the rates associated with such Core Premium Service (including per-minute rates), when taken as a whole, are equal to or lower than the rates, when taken as a whole, for the same or substantially similar EXECUTION VERSION products or services offered by any N2P Competitor; and (iii) N2P is included within the top two (2) providers of such IP Telephony Service (when taken as a whole) in the IP Telephony industry, taking into consideration, as a whole, such factors as pricing, scope and selection of products and services, technology platform and other aspects of the distribution channel, quality and ease of use of products and services, functionality, call quality, quality of customer support, success rates of call completion and overall level of customer satisfaction. The determination of "Best-of-Breed" shall not take into account limited promotions (e.g., discounts for particular countries or particular periods of time, or services offered only to a particular country or to limited countries) In the event that at any time during the Initial Term, a Core Premium Service fails to be Best-of-Breed, ICQ may notify N2P of such failure (including the reasons therefor and the basis for the determination thereof under this Agreement) and of its intention to terminate exclusivity with respect to the non-Best-of-Breed Core Premium Service. For a period of sixty (60) days following receipt of such notice, N2P shall have the opportunity to remedy the failure. Notwithstanding the foregoing (and in addition to any other remedies available to ICQ in this Agreement, including, without limitation, in Section 16.6 hereof), in the event that N2P has not cured any such failure (regardless of the level of effort by N2P to cure such failure) by the end of such sixty (60) day period (unless the Parties mutually agree in writing to extend such c...
Sample 1

Related to Competitive Performance Standards

  • Performance Standards The Custodian shall use its best efforts to perform its duties hereunder in accordance with the standards set forth in Schedule C hereto. Schedule C may be amended from time to time as agreed to by the Custodian and the Trustees of the Fund.

  • Performance Standard Consultant represents and warrants that Services will be performed in a thorough and professional manner, consistent with high professional and industry standards by individuals with the requisite training, background, experience, technical knowledge and skills to perform Services.

  • KEY PERFORMANCE INDICATORS (a) The Custodian and the Funds may from time to time agree to document the manner in which they expect to deliver and receive the services contemplated by this Agreement. The parties agree that any such key performance indicators (hereinafter referred to as “KPIs” or, individually as a “KPI”) shall be agreed upon in writing by the parties and shall be reflected in one or more schedules to this Agreement. The Custodian and the Funds acknowledge that any failure to perform in accordance with KPIs shall not in and of itself be considered a breach of contract that gives rise to contractual or other remedies provided that such failure may be a breach giving rise to contractual or other remedies if it is persistent and not remedied after consultation. Nothing in this Section 11 shall modify any party’s applicable standard of care under this Agreement; nor shall any meeting or discussion among the parties regarding KPIs be construed to prevent a party from pursuing any remedy otherwise available to it pursuant to this Agreement.

  • Performance Metrics The “Performance Metrics” for the Performance Period are: (i) the System Average Interruption Frequency Index (Major Events Excluded) (“XXXXX”); (ii) Arizona Public Service Company’s customer to employee improvement ratio; (iii) the OSHA rate (All Incident Injury Rate); (iv) nuclear capacity factor; and (v) coal capacity factor.

  • Performance Measure The number of Performance Shares earned at the end of the three-year Performance Period will vary depending on the degree to which cumulative adjusted earnings per share performance goals for the Performance Period, as established by the Committee, are met.

  • Goals A. WHAT ARE YOUR MBE/WBE/DVBE PARTICIPATION GOALS? MINORITY BUSINESS ENTERPRISES (MBEs) WOMAN BUSINESS ENTERPRISES (WBEs) DISABLED VETERAN BUSINESS ENTERPRISES (DVBEs)

  • Annual Performance Bonus In the discretion of the Company's Compensation Committee, the Executive shall be eligible to receive an annual performance bonus payable in cash for each full or partial fiscal year of the Company during the Employment Period in accordance with the Company's performance-based bonus program for Executive Officers.

  • Service Levels (1) DTI shall perform the Services in accordance with the service levels (the "Service Levels") as may be agreed to from time to time in writing by DTI and the Funds (the "Service Level Agreement"). Failure to perform in a manner which equals or exceeds the Service Levels shall result in fee credits ("Fee Credits") or the Funds' right to terminate this Agreement, as set forth in the Service Level Agreement.

  • Performance Measures The extent, if any, to which you shall have the right to payment of the Award shall depend upon your satisfying one of the continuous employment conditions set forth in Section 3 and the extent to which the applicable performance measure has been satisfied as of the Final Measurement Date, as specified below: The Award shall have the following performance measures during the Measurement Period:

  • Performance Goals A. The Trust and State Street have developed mutually acceptable performance goals dated March 1, 2011 , and as may be amended from time to time, regarding the manner in which they expect to deliver and receive the services under this Agreement (hereinafter referred to as “Service Level Agreement”). The parties agree that such Service Level Agreement reflects performance goals and any failure to perform in accordance with the provisions thereof shall not be considered a breach of contract that gives rise to contractual or other remedies. It is the intention of the parties that the sole remedy for failure to perform in accordance with the provisions of the Service Level Agreement, or any dispute relating to performance goals set forth in the Service Level Agreement, will be a meeting of the parties to resolve the failure pursuant to the consultation procedure described in Sections V. B. and V.C. below. Notwithstanding the foregoing, the parties hereby acknowledge that any party’s failure (or lack thereof) to meet the provisions of the Service Level Agreement, while not in and of itself a breach of contract giving rise to contractual or other remedies, may factor into the Trust’s reasonably determined belief regarding the standard of care exercised by State Street hereunder.

Time is Money Join Law Insider Premium to draft better contracts faster.