Failure to Meet Objectives Sample Clauses

Failure to Meet Objectives. If the District reasonably determines that a) there is a substantial likelihood that the School will fail to meet or make reasonable progress toward achievement of the Performance Objectives, b) it will fail to meet generally accepted standards of fiscal management, c) it is failing to comply with District policies not expressly waived, or d) to address concerns regarding the health and safety of students and staff at the School, the District may invoke the right to review and require remedial action. In that event, upon written notice by the District, the School shall, within thirty (30) days of notice, propose a Corrective Action Plan. The District shall have the right to approve or reject the plan, and to monitor implementation of the plan. As part of the Corrective Action Plan, the District may require that the School identify specific interim performance objectives to be set and that this Contract be amended to include these interim performance objectives. These objectives must be agreed upon by the School and District and this right shall not supersede other rights provided around District action. If the School disputes these requirements, the School and District shall undergo the Dispute Resolution Process described in Section 25 of this Contract.
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Failure to Meet Objectives. If the District reasonably determines that a) there is a substantial likelihood that a School will fail to meet or make reasonable progress toward achievement of the Performance Objectives, b) it or the Network will fail to meet generally accepted standards of fiscal management, c) it is failing to comply with District policies not expressly waived, d) it or the Network is failing to meet the requirements of the Performance Compact, or e) to address concerns regarding the health and safety of students and staff at the School, the District may invoke the right to review and require remedial action. In that event, upon written notice by the District, the Network shall, within thirty (30) days of notice, propose a Corrective Action Plan. The District shall have the right to approve or reject the plan, and to monitor implementation of the plan. As part of the Corrective Action Plan, the District may require that the Network identify specific interim performance objectives to be set and that this Contract be amended to include these interim performance objectives. These objectives must be agreed upon by the Network and District and this right shall not supersede other rights provided around District action. If the Network disputes these requirements, the Network and District shall undergo the Dispute Resolution Process described in Section 24 of this Contract.
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Failure to Meet Objectives. If the District reasonably determines that there is a substantial likelihood that the School will fail to meet or make reasonable progress toward achievement of the Performance Objectives (cited in Sections 10A and 10B of this contract), that it will fail to meet generally accepted standards of fiscal management, that it is failing to comply with District policies not expressly waived, or to address concerns regarding the health and safety of students and staff at the School, the District may invoke the right to review and require remedial action. In that event, upon written notice by the District, the School shall, within thirty (30) days of notice, propose a corrective action plan. The District shall have the right to approve or reject the plan, and to monitor implementation of the plan. As part of the Corrective Action Plan, the District may require that the School identify specific interim performance objectives be set and that this contract be amended to include these interim performance objectives. These objectives must be agreed upon by the School and District and this right shall not supersede other rights provided around District action. The School acknowledges that achieving the Performance Objectives and complying with the material terms of this contract is critical to meeting the needs of students in the District. The School shall actively monitor its own progress towards achieving the Performance Objectives and any benchmarks outlined in a corrective action plan, as applicable. If the School continues to fail to meet the Performance Objectives, the School agrees to consider the option of relinquishing this Charter Contract. Further, the School acknowledges that a failure to meet the Performance Objectives is a material breach, as outlined in Section 21 of this Contract.
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Failure to Meet Objectives. If the District reasonably determines that a) there is a substantial likelihood that a School will fail to meet or make reasonable progress toward achievement of the Performance Objectives (cited in Section 4.A of this Contract), b) it or the Network will fail to meet generally accepted standards of fiscal management, c) it is failing to comply with District policies not expressly waived, d) it or the Network is failing to meet the requirements of the Performance Compact, or
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Failure to Meet Objectives. The Supply Agreement shall include provisions that adjust the "transfer price" for sales of LICENSED PRODUCTS or components in the event that LICENSOR's GROSS PROFIT MARGIN or LICENSEE's GROSS PROFIT MARGIN (based on such sales and sales of the final LICENSED PRODUCTS) of LICENSOR or LICENSEE is less than the objective of [***] for any particular year, as provided in Section 9.01 ("General"). Such adjustment shall be made by the parties retroactively adjusting the transfer price for that year for the applicable product or component such that the LICENSOR's GROSS PROFIT MARGIN and the LICENSEE's GROSS PROFIT MARGIN are the same. If within thirty (30) days after determining the LICENSOR's GROSS PROFIT MARGIN and LICENSEE's GROSS PROFIT MARGIN for a particular year, the parties are unable to agree on a transfer price that will accomplish the objectives of Section 9.01 ("General") or this Section 9.02, they shall resolve the issue by submitting it to the Center for Public Resources or similar entity for resolution by an expert with at least 15 years experience in the medical device industry. Under no circumstances, however, will LICENSOR be required to supply LICENSED PRODUCTS or components at a loss, exclusive of royalties received by LICENSOR.
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Related to Failure to Meet Objectives

  • Performance Objectives 4.1 The Performance Plan (Annexure A) sets out-

  • Investment Objectives The objectives for the School District's investment activities are:

  • Performance Targets Threshold, target and maximum performance levels for each performance measure of the performance period are contained in Appendix B.

  • Performance Measure The specific representation of a process or outcome that is relevant to the assessment of performance; it is quantifiable and can be documented

  • Performance Measures The System Agency will monitor the Grantee’s performance of the requirements in Attachment A and compliance with the Contract’s terms and conditions.

  • Performance Goal (a) Subject to the following sentence, the Performance Goal is set out in Appendix A hereto, which Appendix A is incorporated by reference herein and made a part hereof. Notwithstanding the foregoing, the provisions of Section 13 or any other provision of A-1 this Agreement to the contrary, the Committee reserves the right to unilaterally change or otherwise modify the Performance Goal in any manner whatsoever (including substituting a new Performance Goal), but only to the extent that the Committee has first determined that the exercise of such discretion would not cause the Performance Share Units to fail to qualify as “performance-based compensation” under Section 162(m) of the Code. If the Committee exercises such discretionary authority to any extent, the Committee shall provide the Grantee with a new Appendix A in substitution for the Appendix A attached hereto, and such new Appendix A and the Performance Goal set out therein (rather than the Appendix A attached hereto and the Performance Goal set out therein) shall in all events apply for all purposes of this Agreement.

  • Investment Objective The Trust was created to invest and hold substantially all of its assets in Gold Coins. The Trust seeks to provide a secure, convenient and exchange-traded investment alternative for investors interested in holding physical gold without the inconvenience that is typical of a direct investment in physical gold. The Trust does not anticipate making regular cash distributions to Unitholders.

  • 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.

  • Performance Standards The Contractor agrees to perform all tasks and provide deliverables as set forth in the Contract. The Department and the Customer will be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof.

  • Performance Criteria The Performance Criteria are set forth in Exhibit A to this Agreement.

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