LATE PERFORMANCE PENALTY Sample Clauses

LATE PERFORMANCE PENALTY. With respect to the work within its direct control, in the event Consultant is unable to perform satisfactory work consistent with the professional skill and care ordinarily provided by professionals practicing in the State of California under the same or similar circumstances within thirty (30) calendar days of the date such work is due pursuant to Exhibit C, Work Schedule, MPWMD may, in its discretion, withhold an additional five percent (5%) of the fees which would otherwise be payable pursuant to the fee schedule set forth in Exhibit B. This amount may be increased to a maximum of 10% after sixty (60) calendar days of the date such work is due. Consultant shall not be responsible for delays to the Schedule due to actions outside of its immediate control. Delays due to lack of performance by other parties shall be documented and the Schedule adjusted to reflect the length of the delay incurred SECTION III INSPECTION OF WORK The books, papers, records and accounts of Consultant or any subconsultants retained by Consultant insofar as they relate to charges for services, or are in any way connected with the work herein contemplated, shall be open at all reasonable times to inspection and audit by the agents and authorized representatives of MPWMD. Said records shall be retained for a minimum of five (5) years after completion of services.
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LATE PERFORMANCE PENALTY. With respect to the work within its direct control, in the event Consultant is unable to perform satisfactory work consistent with the professional skill and care ordinarily provided by professionals practicing in the State of California under the same or similar circumstances within thirty (30) calendar days of the date such work is due pursuant to Exhibit A, Scope of Work, MPWMD may, in its discretion, withhold an additional five percent (5%) of the fees which would otherwise be payable pursuant to the fee schedule set forth in Exhibit B. This amount may be increased to a maximum of 10% after sixty (60) calendar days of the date such work is due. Consultant shall not be responsible for delays to the Schedule due to actions outside of its immediate control. Delays due to lack of performance by other parties shall be documented and the Schedule adjusted to reflect the length of the delay incurred.
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LATE PERFORMANCE PENALTY. Should Consolidated fail to substantially complete the Town- Funded Network within 2 years and 30 days of the date when the Town provided written notice to Consolidated that the Town has received Project funding and that the Project Work may proceed, Consolidated shall pay a $1,000.00 per day penalty for such day that the Town-Funded Network Work remains uncompleted. WE THE UNDERSIGNED PARTIES AGREE TO BE BOUND BY THIS AGREEMENT. Consolidated Communications Enterprise Services, Inc. By: Name: Title: Date: By: Its Board of Selectmen By: Name: Date: By: Name: Date: By: Name: Date: EXHIBIT A-1 Map and List of the Project Area EXHIBIT A-2 Work Locations and Address List EXHIBIT A-3 Description of the Town Funded Network Facilities Detailed drawings indicating town funded facilities will be detailed in “as built” maps provided at the completion of the project. Original RFP Response
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LATE PERFORMANCE PENALTY. Should Consolidated fail to complete the Town-Funded Network within 2 years and 30 days of the date when the Town provided written notice to Consolidated that the Town has received Project funding and that the Project Work may proceed, Consolidated shall pay a $1,000.00 per day penalty for such day that the Town-Funded Network Work remains uncompleted. ////////// Exhibits Follow ////////// Exhibit 1 to Attachment A Fiber to the Premise Locations Town Of Chesterfield Exhibit 2 to Attachment A Work Locations / Address List Full Street Service City Service State Service Zipcode Attachment B Bond Financing Details The Town of Chesterfield will work with the New Hampshire Bond Bank (NHBB) to acquire financing for this project. The Town will apply for a Bond Anticipation Note (BAN) for the entire $1.8M amount. This note will be kept until sufficient taxable bonds can be sold by the NHBB to offset the Principal of the BAN. These taxable bonds will be acquired at future sales of the NHBB (the first being January 2020) until the principal of the BAN has been paid off. At this point, all financing will be in the form of 20 year taxable bonds at fixed interest rates. The Town will work with the NHBB to insure that this process proceeds as fast as possible and at the lowest interest rates that can be obtained in this process. Once the BAN has been fully converted to Bonds, the bond payment schedule may be attached to this agreement by amendment with signatures of both parties. It is hoped that no more than a single Bond thru the NHBB will be required. Consolidated will be responsible for all Interest and Principal payments for both the BAN and the taxable bonds as stated in the agreement. Forty-five (45) days prior to payments becoming due to the Town (for the BAN), the Town will notify Consolidated of the projected payments due. Consolidated will forward that sum to the Town within 30 days. Once the BAN has been fully converted to Bonds and the payment schedule attached to this agreement, the forty-five (45) day notice from the Town will no longer be required and Consolidated will forward funds thirty (30) days prior to Bond payments being due as in the schedule. Below is a sample table showing important dates and when Interest and Principal payments will be due. Bond Anticipation Note (BAN) Bond 1 Bond 2 (if needed) Comments Date Interest Interest Principal Interest Principal 2/2020 Yes no no Initiate Bond 1 Pay BAN 7/2020 yes yes no no no Initiate Bond 2 for balanc...
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Related to LATE PERFORMANCE PENALTY

  • Ongoing Performance Measures The Department intends to use performance-reporting tools in order to measure the performance of Contractor(s). These tools will include the Contractor Performance Survey (Exhibit H), to be completed by Customers on a quarterly basis. Such measures will allow the Department to better track Vendor performance through the term of the Contract(s) and ensure that Contractor(s) consistently provide quality services to the State and its Customers. The Department reserves the right to modify the Contractor Performance Survey document and introduce additional performance-reporting tools as they are developed, including online tools (e.g. tools within MFMP or on the Department's website).

  • Employee Performance Review When a formal review of an employee’s performance is made, the employee concerned shall be given an opportunity to discuss, sign and make written comments on the review form in question and the employee is to receive a signed copy to indicate that its contents have been read. An employee shall be entitled to a minimum of two (2) work days to review the performance review prior to providing any response to the Employer, verbally or in writing, with respect to the evaluation.

  • Annual Performance Bonus In each calendar year of the Term of Employment, Executive shall be eligible to receive an annual incentive bonus (the “Annual Bonus”) payable in cash, pursuant to the performance criteria and targets established and administered by the Board (or a committee of directors to whom such responsibility has been delegated by the Board), with a target Annual Bonus of at least 100% of his Base Salary. The Annual Bonus payable to Executive each year shall be determined and payable as soon as practicable after year-end for such year (but no later than March 15th). The Executive’s cash bonus for the stub period of 2017 will be determined in the reasonable business judgment of the Board or another committee of directors to whom such responsibility has been delegated by the Board. To be entitled to receive any Annual Bonus, except as otherwise provided in Sections 5(c) and 5(d), Executive must remain employed through the last day of the calendar year to which the Annual Bonus relates.

  • 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

  • CONTRACTOR PERFORMANCE AUDIT The Contractor shall allow the Authorized User to assess Contractor’s performance by providing any materials requested in the Authorized User Agreement (e.g., page load times, response times, uptime, and fail over time). The Authorized User may perform this Contractor performance audit with a third party at its discretion, at the Authorized User’s expense. The Contractor shall perform an independent audit of its Data Centers, at least annually, at Contractor expense. The Contractor will provide a data owner facing audit report upon request by the Authorized User. The Contractor shall identify any confidential, trade secret, or proprietary information in accordance with Appendix B, Section 9(a), Confidential/Trade Secret Materials.

  • Annual Performance Evaluation On either a fiscal year or calendar year basis, (consistently applied from year to year), the Bank shall conduct an annual evaluation of Executive’s performance. The annual performance evaluation proceedings shall be included in the minutes of the Board meeting that next follows such annual performance review.

  • Performance Assessment 6.1 The Performance Plan (Annexure A) to this Agreement sets out key performance indicators and competencies that needs to be evaluated in terms of –

  • Performance Adjustment One-twelfth of the annual Performance Adjustment Rate will be applied to the average of the net assets of the Portfolio (computed in the manner set forth in the Fund's Declaration of Trust or other organizational document) determined as of the close of business on each business day throughout the month and the performance period.

  • Performance Pay In accordance with Section 8 of the General Appropriations Act for Fiscal Year 2020-2021, contingent upon the availability of funds and at the Agency Head’s discretion, each agency is authorized to grant merit pay increases based on the employee’s exemplary performance, as evidenced by a performance evaluation conducted pursuant to Rule 60L-35, Florida Administrative Code.

  • Performance Delay The performance of a Party impacted by a Force Majeure Event, other than the satisfaction of payment obligations that have accrued under this Agreement, is delayed, without liability, for the duration of a Force Majeure Event.

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