FAILURE TO PERFORM SATISFACTORILY. It is agreed and understood that if the Contractor fails to perform the work as specified herein, the City will pay only for the amount of service actually received, as determined by the City Technical Representative, with an appropriate downward adjustment in contract price. Such adjustments may be in accordance with the Pricing Page or the Schedule of Task Costs provided herein by the Contractor. The City shall provide inspection of the work area to ensure that maintenance is adequate and that all work complies with these specifications. Discrepancies and deficiencies will be noted on Field Inspection Notices (FIN) and shall be corrected within the time frame specified. If the Contractor fails to take corrective action within the noted time frame on the Field Inspection Notice, the City may withhold payment and/or proceed with termination of the contract. Billing adjustments for unsatisfactory service shall be a permanent retention of the estimated monthly cost for work that is incomplete or deficient as stated herein. When negligence on the part of the Contractor results in excessive use or waste of irrigation water, the estimated cost of this water shall be deducted from the contract payment. Any monetary fines or other damages assessed to the City for failure to follow water conservation regulations imposed by the State of California, the County Water Authority, or other legal entity will be the responsibility of the Contractor unless cause to the contrary is substantiated to the satisfaction of the City Technical Representative.
FAILURE TO PERFORM SATISFACTORILY. 1. The City may deduct from the Contractor's monthly payment for instances where the Contractor has failed to meet the work schedule and/or provide the required services.
FAILURE TO PERFORM SATISFACTORILY. 11.1 Should the Supplier fail to perform the Services or any part thereof with due diligence or expedition or fail to comply with any reasonable orders given to the Supplier in writing by the Customer in connection with the Services or any part thereof or materially contravene the provisions of this Agreement the Customer shall give 20 Working Days notice in writing to the Supplier to make good or demonstrate the intent to make good the failure or contravention complained of before the Customer is able to exercise any other right or remedy it may have under this Agreement.
FAILURE TO PERFORM SATISFACTORILY. The Executive's employment may be terminated by the Corporation in the event that the Board determines, in its sole discretion, that the Executive has unreasonably and repeatedly failed to satisfactorily perform his/her duties (as specified in Exhibit A to this Agreement) to the detriment of the Corporation. Such failure shall be defined in detail in a preliminary notice to the executive by the Corporation, and the preliminary notice will give the Executive 30 days in which to demonstrate improved performance in the area(s) identified as deficient. A review of the Executive's performance will occur at the end of 30 days and the Executive shall receive a written evaluation of noted improvements or continued deficiencies. After the 30-day review, the Executive will have an additional 30 days in which to improve his/her performance in the identified deficient areas. If at the completion of such additional 30 days the Corporation determines that the Executive's performance has not improved to the level required hereby, the Executive may, at the option of the company, be terminated.
