Minimum Performance Levels Sample Clauses

Minimum Performance Levels. Osiris shall use its commercially reasonable best efforts to Deliver Product to NuVasive at least in the quantities set forth below during the applicable periods (“Minimum Performance Levels”) and shall Deliver any such Product according to Product unit size and brand name specifications established by NuVasive and set forth in each Order. NuVasive shall provide Orders to purchase from Osiris Product in quantities of at least the Minimum Performance Level for the applicable period. Minimum Performance Applicable Period Level Delivered (cc) Effective Date to April 15, 2009 125,000 April 16, 2009 to eighteen (18) months following the Technology Closing Date (as defined in the Asset Purchase Agreement) 125,000
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Minimum Performance Levels. Lessor agrees to use commercially reasonable efforts to achieve the Minimum Performance Levels as set forth in Schedule 4.2 by the Scheduled Commercial Operation Date.
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Minimum Performance Levels. The Minimum Performance Levels are as follows:
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Minimum Performance Levels. $2,000 per annum for the period beginning on the date an amount first becomes payable under clause 12 of the Original Research Agreement until the end of the Further Term of this Agreement. APPENDIX -TO SECOND RESEARCH AGREEMENT
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Minimum Performance Levels. Notwithstanding anything herein to the contrary, it is a requirement that the Plant achieve the Guaranteed Performance Levels as determined pursuant to Section 11.09(b) no later than one hundred eighty (180) days after the Commercial Operation Date of each Phase. Provided that each phase maintains Minimum Performance Levels, the Contractor shall have the option during the one hundred eighty (180) day period provided above to pay liquidated damages in lieu of Guaranteed Performance Levels as specified in Section 11.05. There are not liquidated damages payable by the Contractor hereunder in lieu of achieving the emissions guarantee and the noise guarantee for the Plant. The Parties agree that the Plant can only be operated in compliance with all Applicable Permits. Notwithstanding anything contained herein to the contrary, in the event that a phase has achieved Commercial Operation and prior to Final Acceptance, such phase is not capable of being operated in accordance with all the Plant's operating procedures and all applicable permits and the other requirements of this Agreement, and all operating conditions specified in the Scope of Work, Contractor shall be in default of this Agreement.
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Minimum Performance Levels. SST shall use reasonable efforts to -------------------------- maximize Product sales in the Territory. During each year, SST shall meet the minimum performance requirements set for in Exhibit E hereto (collectively, "Minimum Performance Requirements"). If SST does not meet the Minimum Performance Requirements during the second and third years of the Initial Term (as defined in Section 14.1 below), or does not meet at least [*] of the Minimum Performance Requirement during the first year of the Initial Term, FMT shall have the right, at its option, to terminate this Agreement for cause pursuant to Section 14.3 hereof. If during the first year of the Initial Term SST does not meet the Minimum Performance Requirement, but does meet at least [*] of the Minimum Performance Requirement, then SST shall [*]; provided however, that if SST does not make up the difference [*], FMT shall have the right, at its option, to terminate this Agreement for cause pursuant to Section 14.3 hereof. FMT shall exercise this right by providing [*] written notice to SST. In such event, SST's rights under this Agreement with respect to the Products shall convert to non-exclusive during the [*] notice period. It is understood and agreed that notwithstanding any other provision of this Agreement, FMT shall be under no obligation to continue the production of any Products.
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Minimum Performance Levels. Provider shall meet the following minimum performance levels:
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Minimum Performance Levels. Distributor agrees to purchase the number of units of Products per calendar year during the term of this Agreement that is set forth on Exhibit C; provided, however, that such minimum performance levels shall be appropriately adjusted by Supplier and Distributor if: (i) one or more events of force majeure affect Distributor’s ability to meet such levels; (ii) Supplier is unable or refuses to sell Products to Distributor when Distributor orders them; (iii) Products are deleted from this Agreement, (iv) Product registrations are delayed or denied by local governing agencies through no fault of Distributor, (v) Supplier is unable or refuses to supply reasonable data or information to comply with local governing agencies, (vi) approval for Product reimbursement is delayed or denied by local governing agencies, or (vii) Product reimbursement levels established by government regulatory authorities in the Territory do not allow Distributor to realize a minimum gross profit (defined as revenues from sales of Products less Product costs, as well as taxes and shipping expenses incurred in connection therewith) of forty (40) percent based on existing Supplier pricing. After the years listed in Exhibit C, Distributor and Supplier shall agree on the minimum performance level for each country for each calendar year. If Distributor and Supplier do not agree on acceptable minimum performance levels for any given year or country in the Territory prior to the commencement of such year, Supplier shall have the right to terminate Distributor’s distribution rights hereunder for any country where the parties do not agree to minimum performance levels; provided, however, the percentage increase in minimum performance levels for any year or country in the Territory will not be greater than seven (7) percent over the previous year’s minimum performance level unless mutually agreed upon. All other rights, terms and conditions in the Agreement for the remaining parts of the Territory would survive the termination of any country.
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Minimum Performance Levels. Distributor agrees to purchase the number of units of Products per calendar year during the term of this Agreement (beginning with the first date of promoted sales of Products by Distributor in the Territory) as agreed between the parties; provided, however, that such minimum performance levels shall be appropriately adjusted by Supplier and Distributor if: (i) one or more events of force majeure affect Distributor’s ability to meet such, levels; (ii) Supplier is unable or refuses to sell Products to Distributor when Distributor orders them; (iii) Products are deleted from this Agreement, (iv) Product registrations are delayed or denied by local governing agencies through no fault of Distributor, (v) Supplier is unable or refuses to supply reasonable data or information to comply with local governing agencies, (vi) approval for Product reimbursement is delayed or denied by local governing agencies, or (vii) Product reimbursement levels established by government regulatory authorities in the Territory do not allow Distributor to realize a minimum gross profit (defined as revenues from sales of Products less Product costs, as well as taxes and shipping expenses incurred in connection therewith) of
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Related to Minimum Performance Levels

  • Performance Levels (a) The Performance Levels which apply to the performance by the respective Parties of their obligations under this Agreement are set out in Part 1 of Schedule 5. A failure by either Party to achieve the relevant Performance Level will not constitute a breach of this Agreement and the only consequences of such failure as between the Parties shall be the consequences set out in this Clause 5.6.

  • 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).

  • 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 Measurement Satisfactory performance of this Contract will be measured by:

  • Covenants of Performance Measurement No interference. Registry Operator shall not interfere with measurement Probes, including any form of preferential treatment of the requests for the monitored services. Registry Operator shall respond to the measurement tests described in this Specification as it would to any other request from an Internet user (for DNS and RDDS) or registrar (for EPP). ICANN testing registrar. Registry Operator agrees that ICANN will have a testing registrar used for purposes of measuring the SLRs described above. Registry Operator agrees to not provide any differentiated treatment for the testing registrar other than no billing of the transactions. ICANN shall not use the registrar for registering domain names (or other registry objects) for itself or others, except for the purposes of verifying contractual compliance with the conditions described in this Agreement. PUBLIC INTEREST COMMITMENTS Registry Operator will use only ICANN accredited registrars that are party to the Registrar Accreditation Agreement approved by the ICANN Board of Directors on 27 June 2013 in registering domain names. A list of such registrars shall be maintained by ICANN on ICANN’s website. (Intentionally omitted. Registry Operator has not included commitments, statements of intent or business plans provided for in its application to ICANN for the TLD.) Registry Operator agrees to perform the following specific public interest commitments, which commitments shall be enforceable by ICANN and through the Public Interest Commitment Dispute Resolution Process established by ICANN (posted at xxxx://xxx.xxxxx.xxx/en/resources/registries/picdrp), which may be revised in immaterial respects by ICANN from time to time (the “PICDRP”). Registry Operator shall comply with the PICDRP. Registry Operator agrees to implement and adhere to any remedies ICANN imposes (which may include any reasonable remedy, including for the avoidance of doubt, the termination of the Registry Agreement pursuant to Section 4.3(e) of the Agreement) following a determination by any PICDRP panel and to be bound by any such determination. Registry Operator will include a provision in its Registry-Registrar Agreement that requires Registrars to include in their Registration Agreements a provision prohibiting Registered Name Holders from distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law, and providing (consistent with applicable law and any related procedures) consequences for such activities including suspension of the domain name. Registry Operator will periodically conduct a technical analysis to assess whether domains in the TLD are being used to perpetrate security threats, such as pharming, phishing, malware, and botnets. Registry Operator will maintain statistical reports on the number of security threats identified and the actions taken as a result of the periodic security checks. Registry Operator will maintain these reports for the term of the Agreement unless a shorter period is required by law or approved by ICANN, and will provide them to ICANN upon request. Registry Operator will operate the TLD in a transparent manner consistent with general principles of openness and non-discrimination by establishing, publishing and adhering to clear registration policies.

  • Registry Performance Specifications Registry Performance Specifications for operation of the TLD will be as set forth in Specification 10 attached hereto (“Specification 10”). Registry Operator shall comply with such Performance Specifications and, for a period of at least one (1) year, shall keep technical and operational records sufficient to evidence compliance with such specifications for each calendar year during the Term.

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

  • PERFORMANCE MEASUREMENTS Upon a particular Commission’s issuance of an Order pertaining to Performance Measurements in a proceeding expressly applicable to all CLECs generally, BellSouth shall implement in that state such Performance Measurements as of the date specified by the Commission. Performance Measurements that have been Ordered in a particular state can currently be accessed via the internet at xxxx://xxxx.xxxxxxxxx.xxx. The following Service Quality Measurements (SQM) plan as it presently exists and as it may be modified in the future, is being included as the performance measurements currently in place for the state of Tennessee. At such time that the TRA issues a subsequent Order pertaining to Performance Measurements, such Performance Measurements shall supersede the SQM contained in the Agreement. BellSouth Service Quality Measurement Plan‌ (SQM) Tennessee Performance Metrics Measurement Descriptions Version 2.00 Issue Date: July 1, 2003 Introduction

  • Performance Standard Contractor shall perform all work hereunder in a manner consistent with the level of competency and standard of care normally observed by a person practicing in Contractor's profession. County has relied upon the professional ability and training of Contractor as a material inducement to enter into this Agreement. Contractor hereby agrees to provide all services under this Agreement in accordance with generally accepted professional practices and standards of care, as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of Contractor’s work by County shall not operate as a waiver or release. If County determines that any of Contractor's work is not in accordance with such level of competency and standard of care, County, in its sole discretion, shall have the right to do any or all of the following: (a) require Contractor to meet with County to review the quality of the work and resolve matters of concern; (b) require Contractor to repeat the work at no additional charge until it is satisfactory; (c) terminate this Agreement pursuant to the provisions of Article 4; or (d) pursue any and all other remedies at law or in equity.

  • KEY PERFORMANCE INDICATORS 10.1 The Supplier shall at all times during the Framework Period comply with the Key Performance Indicators and achieve the KPI Targets set out in Part B of Framework Schedule 2 (Goods and/or Services and Key Performance Indicators).

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