Common use of Past Performance Clause in Contracts

Past Performance. At NYSERDA’s discretion, an employee of a Participating Contractor who has demonstrated unprofessionalism, unethical behavior or has exhibited poor workmanship on one or more past Program projects may be prohibited from working on Program projects. This includes any staff member associated with a former Participating Contractor who was under suspension or terminated from the Program, or any other NYSERDA program. NYSERDA will notify the Participating Contractor of any individuals prohibited from working on Program projects and these individuals will continue to be prohibited from working on Program projects unless written consent is provided by NYSERDA.

Past Performance. At The Participating Contractor shall not sub-contract with any Participating Contractor that is under suspension or former Participating Contractor that has been terminated from the Program, or any other NYSERDA program, without NYSERDA’s discretion, an prior written permission. An employee of a Participating Contractor sub-contractor who has demonstrated unprofessionalism, unethical behavior or has exhibited poor workmanship on one or more past Program projects may be prohibited from working on Program projects. This includes any staff member associated with a former Participating Contractor who was under suspension or terminated from the Program, or any other NYSERDA program. NYSERDA will notify the Participating Contractor of any These individuals prohibited from working on Program projects and these individuals will continue to be prohibited from working shall not work on Program projects unless NYSERDA provides written consent is provided by NYSERDApermission.