Determination of Performance. As soon as administratively feasible after the end of the Performance Period (as defined in Exhibit A), unless the Performance Stock Units vested previously under Section 2(c) or (d), the Committee shall determine whether or not, and to what extent, the Performance Criteria have been achieved and the Target Adjustment Percentage for the Performance Period. The date on which the Committee makes such determination is referred to herein as the “Determination Date” for the Performance Period.
Determination of Performance. The performance condition (“Performance Condition”) for the Award is set forth on Schedule I hereto and the results of the performance must be certified by the Company’s Compensation Committee before determined to have been met. Such certification must be completed on or before with respect to 20 (the date of such certification being the “Performance Certification Date”). If and to the extent the Performance Condition is not satisfied, the Restricted Shares for which it is not satisfied will be immediately forfeited upon with respect to 20 . Restricted Shares for which the Performance Condition is satisfied are “Performance-Adjusted Restricted Shares” (i.e., the number of Restricted Shares remaining after any downward adjustment for the application of the Performance Condition).
Determination of Performance. Following completion of the Performance Period and prior to___________, the Committee will review and certify in writing whether (i) the Performance Criteria have been satisfied, and (ii) the number of PSUs granted under Section 1 shall be increased as provided in Exhibit A. At that time, the Committee may exercise negative discretion to reduce the number of shares of Common stock to be delivered pursuant to this Agreement. Following the issuance of this certification, the number of PSUs that the Grantee shall earn, if any, shall be final, conclusive and binding on the Grantee, and on all other persons, to the maximum extent permitted by law.
Determination of Performance. The performance levels set forth above shall be tested solely by Mednet (using protocols developed solely by Mednet) using MIT-BIH, AHA, NST (MIT-BIH) data sets, and the results of all such tests shall be promptly provided to Transoma for its review.
Determination of Performance. The number of Target Performance Share Units that shall become Vested Units pursuant to the Award shall be based on satisfaction of the Performance Target as determined in accordance with the following:
Determination of Performance. (a) Contractor's compliance with the Minimum Performance Levels for purposes of achieving Commercial Operation shall be determined on the basis of the Minimum Performance Tests conducted in accordance with Article X and the results of such tests shall be conclusive for such purpose. During the Minimum Performance Test, the Net Power Output and net heat rate of the Phase shall be measured concurrently at the same point while the Phase is operating in compliance with the Emissions Guarantee (including for this purpose all waivers and variances permitted under Applicable Permits). (b) Subject to the tolerances set forth below, Contractor's compliance with the Guaranteed Performance Levels, or the extent of its failure to comply therewith, for purposes of achieving Final Acceptance shall be determined on the basis of the Guaranteed Performance Tests conducted in accordance with Article X and the results of such tests shall be conclusive for such purpose. The Guaranteed Performance Tests shall be conducted for each Phase separately and the results thereof shall be combined in order to determine overall Plant performance as more fully described in the Scope of Work. The Net Power Output and Net Heat Rate of a Phase shall be determined pursuant to the Net Capacity and Heat Rate Test and shall be measured concurrently at the same point while the Phase is operating in compliance with the Emissions Guarantee (excluding for this purpose all waivers and variances permitted under Applicable Permits). Tolerances with respect to the results of the Guaranteed Performance Tests shall be plus or minus one percent (1%) for the Plant Net Power Output Guarantee and plus or minus two percent (2%) for the Plant Net Heat Rate Guarantee. In the event the applicable Guaranteed Performance Test demonstrates results at or within such tolerance bands, no liquidated damages or bonuses shall be applicable. In the event the applicable Guaranteed Performance Test demonstrates results outside of the relevant tolerance band, liquidated damages and bonuses, as applicable, shall be calculated on a "net" basis by deducting the amount of such tolerance band from the results. Compliance with the Emissions Guarantee and the Noise Guarantee shall be determined pursuant to the Emissions Test and the Noise Test, respectively. The Emissions Test for each Phase shall be performed by the earlier of (a) sixty (60) days after the Commercial Operation Date for such Phase or (b) one hundred eighty (180) da...
Determination of Performance. Subject to the tolerances set forth below, Contractor’s compliance with the Guaranteed Performance Levels, or the extent of its failure to comply therewith, for purposes of achieving Final Acceptance and calculating applicable liquidated damages and bonuses shall be determined on the basis of the Guaranteed Performance Tests conducted in accordance with Article X and the results of such tests shall be conclusive for such purpose. The performance levels of the Facility shall be determined pursuant to the Scope of Work and shall be measured concurrently at the same point while the Facility is operating in compliance with the Emissions Guarantee.
Determination of Performance. As of each Measurement Date (as defined on Exhibit A), the Committee will review and certify in writing (i) whether the Performance Criteria has been satisfied, and (ii) the actual number of Target PSUs earned by the Grantee (the “Earned PSUs”). Following the issuance of such certification, the number of PSUs that the Grantee shall earn, if any, shall be final, conclusive and binding on the Grantee, and on all other persons, to the maximum extent permitted by law.
Determination of Performance. Should the services be determined in whole or in part in accordance with the provisions of the respective service, then Lanbase shall be paid for all sums on this Agreement due and shall be paid for any work performed by this Agreement if payment for such work is not then due. Any sum paid or payable under Clause 3 and 4 of this Agreement shall not be retained by Lanbase except as payment for work performed and/or equipment supplied.
Determination of Performance. Following completion of the Performance Period and prior to [APPLICABLE DATE], the Committee will review and certify in writing whether the Performance Goal set forth in Section 2 of this Agreement has been achieved and whether the additional Performance Goals described in Section 3 of this Agreement have been achieved. At that time, the Committee will decide whether and to the extent it is required to exercise its negative discretion to reduce the number of PSUs subject to this Agreement as provided by this Agreement. Following the issuance of this certification, the number of PSUs that the Grantee shall earn, if any, shall be final, conclusive and binding on the Grantee, and on all other persons, to the maximum extent permitted by law.
