NON-PERFORMANCE EVENTS Sample Clauses
The Non-Performance Events clause defines the circumstances under which a party's failure to fulfill contractual obligations is recognized as a significant event. Typically, this clause outlines specific actions or omissions that constitute non-performance, such as missing deadlines, failing to deliver goods or services, or not meeting agreed standards. By clearly identifying what counts as non-performance, the clause helps both parties understand their responsibilities and the potential consequences, thereby reducing ambiguity and providing a basis for addressing breaches of contract.
NON-PERFORMANCE EVENTS. Failure by Project Co to comply with certain obligations set forth in this Schedule 2 [Submittal Review Procedure] may constitute Non-Performance Events and may result in adjustments to the Payments, as more particularly provided in Schedule 16 [Payment Mechanism].
NON-PERFORMANCE EVENTS. Notwithstanding anything to the contrary contained herein, if at any time any Event of Default described in (i) Sections 6.01(b) or 6.01(d) occurs and, in each case, such event is specifically premised upon a Material Adverse Effect standard or a "materiality" or "material" standard, or in (ii) Section 6.01(i), (j), (k), (l) or (q) occurs and, in each case, such event does not relate solely to the Guarantor or Lessee, then any occurrence with respect thereto shall not constitute a Default or an Event of Default but shall be deemed a "Non-Performance Event" and the provisions of Sections 6.03(b) and 6.03(c) shall control mutatis mutandis as though an Unwind Event shall have occurred.
NON-PERFORMANCE EVENTS. Notwithstanding anything to the contrary contained herein, if at any time (i) an Event of Default described in Section 6.01(e) occurs, (ii) an Event of Default described in Section 6.01(f) occurs in connection with (A) the Guarantor's failure to comply with Section 5.05 of the Senior Credit Facility or (B) an Event of Default (as defined in the Senior Credit Facility) under Section 6.01(l) of the Senior Credit Facility and, in the case of (i) and (ii) such event is premised upon a Material Adverse Effect standard, or (iii) any other Event of Default in any Operative Document that is specifically premised upon a Material Adverse Effect or materiality standard occurs, then any occurrence with respect thereto shall not constitute a Default or an Event of Default but shall be deemed a "Non-Performance Event" and the provisions of Section 6.03(b) shall control; provided, however, if by applying a commercially reasonable standard, the Agent, the Trustee or any Holder determines that any Event of Default listed above in this Section 6.03(a) shall have occurred, then the occurrence thereof shall not constitute a Non-Performance Event but shall constitute an Event of Default with the provisions of Section 6.02
NON-PERFORMANCE EVENTS. Failure by Design-Builder to comply with the obligations set forth in this Schedule 9 [Quality Management] may constitute Non-Performance Events and may result in adjustments to the Payments, as more particularly provided in Schedule 16 [Payment Mechanism]. APPENDIX 9A QUALITY MANUAL
1.1 The Quality Manual shall describe the Quality Management System for all aspects of the Project Work.
1.2 The Quality Manual shall establish the Quality Policy and Quality Objectives for all aspects of the Project Work and, in accordance with the requirements of the then most current version of the ISO 9001 Standard, shall describe the processes that shall be established, implemented, controlled, and continually improved to achieve the established Quality Objectives.
1.3 The Quality Objectives described in the Quality Manual shall be measurable and consistent with the Quality Policy while meeting the requirements of the then most current version of the ISO 9001 Standard and this Agreement.
1.4 The Quality Manual shall detail the quality procedures, including:
(a) documented document control procedures;
(b) documented records control procedures;
(c) documented audit procedures;
(d) documented Nonconformity procedures, and
NON-PERFORMANCE EVENTS. Failure by Design-Builder to comply with the obligations set forth in this Schedule may constitute Non- Performance Events and may result in adjustments to the Payments, as more particularly provided in Schedule 16 [Payment Mechanism].
NON-PERFORMANCE EVENTS. Failure by Design-Builder to comply with the obligations set forth in this Schedule 9 [Quality Management] may constitute Non-Performance Events and may result in adjustments to the Payments, as more particularly provided in Schedule 16 [Payment Mechanism]. APPENDIX 9A QUALITY MANUAL
1.1 The Quality Manual shall describe the Quality Management System for all aspects of the Project Work.
1.2 The Quality Manual shall establish the Quality Policy and Quality Objectives for all aspects of the Project Work and, in accordance with the requirements of the then most current version of the ISO 9001 Standard, shall describe the processes that shall be established, implemented, controlled, and continually improved to achieve the established Quality Objectives.
1.3 The Quality Objectives described in the Quality Manual shall be measurable and consistent with the Quality Policy while meeting the requirements of the then most current version of the ISO 9001 Standard and this Agreement.
1.4 The Quality Manual shall detail the quality procedures, including:
(a) documented document control procedures;
(b) documented records control procedures;
(c) documented audit procedures;
(d) documented Nonconformity procedures, and