ERROR RATES Sample Clauses

ERROR RATES. Recognizing the subjective nature of a custom-made floral order, to the extent that an error does occur or is alleged to occur by an AOL Member, FLOWERS will rectify the situation as set forth in Exhibit E. FLOWERS will use its best efforts to achieve an error rate on orders taken through the AOL Network that does not exceed [****] (the "Performance Standard"). For purposes of this paragraph, an "error" is defined as an order that, due primarily to the failure of FLOWERS or its florists, (i) is not delivered pursuant to FLOWERS customary delivery schedules, (ii) is delivered to an incorrect location, (iii) or does not arrive in reasonably good condition. In the event that FLOWERS fails to meet the Performance Standard, as determined on a monthly basis, for a period of two consecutive months, then AOL shall send FLOWERS a written notice specifying the details of any such failures and affording FLOWERS thirty (30) days to comply with the Performance Standard. If FLOWERS does not cure said default within thirty (30) days then AOL shall have the right to terminate this Agreement. Flowers agrees to use best efforts in correcting any problems reported by AOL and will act accordingly to correct any problems. FLOWERS will provide a monthly report to AOL no later than thirty (30) days after the end of each calendar month that shows all known errors and measures the rate of properly-completed orders versus orders processed with an "error" (as defined above). Without limiting the foregoing, in the event (a) the error rate achieved by FLOWERS is above [****] but below [****] and (b) AOL receives a significant number of complaints from AOL Members **** Represents material which has been redacted and filed separately with the Commission pursuant to a request for confidential treatment under Rule 406 of the Securities Act of 1933, as amended. regarding errors, the parties shall discuss in good faith the means by which the error rate may be improved.
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Related to ERROR RATES

  • Base Rates Attached to and made a part of this Agreement is Appendix A which sets forth the straight-time hourly rates for all employees covered by this Agreement.

  • Indirect Cost Rates The System Agency may acknowledge an indirect cost rate for Grantees that is utilized for all applicable contracts. Grantee will provide the necessary financial documents to determine the indirect cost rate in accordance with the Uniform Grant Guidance (UGG) and Uniform Grant Management Standards (UGMS).

  • Overhead Rates The Engineer shall use the provisional overhead rate indicated in Attachment E. If a periodic escalation of the provisional overhead rate is specified in Attachment E, the effective date of the revised provisional overhead rate must be included. For lump sum contracts, the overhead rate remains unchanged for the entire contract period.

  • Pay Rates Unit members must have been on an active status for a minimum of six

  • Interest Rates Except as provided in Section 2.6(c), all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest as follows:

  • Overtime Rates All overtime hours shall be compensated at the rate of time and one- half (1-1/2).

  • Interest Rates; LIBOR Notification The interest rate on Eurodollar Loans is determined by reference to the LIBO Rate, which is derived from the London interbank offered rate. The London interbank offered rate is intended to represent the rate at which contributing banks may obtain short-term borrowings from each other in the London interbank market. In July 2017, the U.K. Financial Conduct Authority announced that, after the end of 2021, it would no longer persuade or compel contributing banks to make rate submissions to the ICE Benchmark Administration (together with any successor to the ICE Benchmark Administrator, the “IBA”) for purposes of the IBA setting the London interbank offered rate. As a result, it is possible that commencing in 2022, the London interbank offered rate may no longer be available or may no longer be deemed an appropriate reference rate upon which to determine the interest rate on Eurodollar Loans. In light of this eventuality, public and private sector industry initiatives are currently underway to identify new or alternative reference rates to be used in place of the London interbank offered rate. In the event that the London interbank offered rate is no longer available or in certain other circumstances as set forth in Section 2.14(c) of this Agreement, such Section 2.14(c) provides a mechanism for determining an alternative rate of interest. The Administrative Agent will notify the Borrower, pursuant to Section 2.14, in advance of any change to the reference rate upon which the interest rate on Eurodollar Loans is based. However, the Administrative Agent does not warrant or accept any responsibility for, and shall not have any liability with respect to, the administration, submission or any other matter related to the London interbank offered rate or other rates in the definition of “LIBO Rate” or with respect to any alternative or successor rate thereto, or replacement rate thereof, including without limitation, whether the composition or characteristics of any such alternative, successor or replacement reference rate, as it may or may not be adjusted pursuant to Section 2.14(c), will be similar to, or produce the same value or economic equivalence of, the LIBO Rate or have the same volume or liquidity as did the London interbank offered rate prior to its discontinuance or unavailability.

  • FIXED RATES If a fixed rate is in this Agreement, it is based on an estimate of the costs for the period covered by the rate. When the actual costs for this period are determined, an adjustment will be made to a rate of a future year(s) to compensate for the difference between the costs used to establish the fixed rate and actual costs.

  • Special Rates 5.9.4 Transfer, Traveling and Working Away From Usual Place of Work

  • TECHNICAL EVALUATION (a) Detailed technical evaluation shall be carried out by Purchase Committee pursuant to conditions in the tender document to determine the substantial responsiveness of each tender. For this clause, the substantially responsive bid is one that conforms to all the eligibility and terms and condition of the tender without any material deviation. The Institute’s determination of bid’s responsiveness is to be based on the contents of the bid itself without recourse to extrinsic evidence. The Institute shall evaluate the technical bids also to determine whether they are complete, whether required sureties have been furnished, whether the documents have been properly signed and whether the bids are in order.

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