Maximum Performance Clause Samples
The Maximum Performance clause sets a cap on the level of performance or output that a party is required to deliver under a contract. In practice, this means that even if demand or circumstances would otherwise require more, the obligated party is not required to exceed the specified maximum threshold, such as a set number of units produced or a defined service level. This clause helps prevent overextension of resources and provides certainty to both parties by clearly defining the upper limit of contractual obligations.
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Maximum Performance. The COMPANY, in performing its obligations for this Agreement, hereby warrants and represents that it will exert its best efforts to provide maximum performance and services consistent with the spirit and intent of the Economic Incentive Ordinance.
Maximum Performance. Maximum Performance means the level of Three-Year Cumulative EBITDA from Continuing Operations for the Performance Period set by the Committee that results in a 200% factor in the Payment Formula set forth in Section 1.4.
Maximum Performance. Broadband Services may have maximum performance standards for download and upload speeds (e.g. up to 100 x 100 Mbps for residential). We do not guarantee that you will obtain the maximum speeds for the Broadband Service to which you subscribe at any given time or on a continuous basis. The performance you experience at any time will be affected by a number of factors, including the nature of the Internet and its protocols, our facilities, the bandwidth we devote to carriage of protocol and network information, the condition and configuration of our Leased Equipment or Your equipment at your location, whether you use an in-home wi-fi network , data volume and congestion on our network and the Internet, the time of day you are using the Broadband Service, the performance of the website servers you try to access, and the priority we give to specialized services (such as VOIP Services) we deliver using our Leased Equipment as described in our Open Internet Transparency Disclosures.
Maximum Performance. The “Maximum Goal” is met when both (i) during the Performance Period, the Closing Price equals or exceeds $75.00 on either (1) five consecutive trading days or (2) ten non-consecutive trading days (such full condition in (i), the “Maximum Price”) and (ii) Participant continues in service of the Company or an Affiliate as any of an Employee, a Consultant or a Director for the Service Period. Upon achievement of the Maximum Goal, the Maximum PRSUs shall vest on the last day of the Service Period.
Maximum Performance. Maximum Performance means the Earnings Growth Rate Performance Target for the Performance Period, the attainment of which is necessary for the payment of a 200% Payment Opportunity.
Maximum Performance. Maximum Performance means the level of Pre-Tax Earnings for the Performance Period set by the Committee by the 162(m) Deadline that results in a 200% factor in the Payment Formula set forth in Section 2.5.