Performance Breaches Sample Clauses

Performance Breaches. (1) Each Performance Breach shall be evaluated using the most up-to-date meter data (V1 or V2) aggregated from all DR3 Schedules in that Settlement Account. The number of Material Non-Performance Events for a Settlement Account is reset to zero upon the first day of each calendar year, and Performance Breaches are cumulative to each DR3 Schedule in that Settlement Account until the expiry of the last Schedule Term in that Settlement Account. (2) In the event of the first Performance Breach for that Settlement Account, and without limiting any other rights or remedies available to the OPA and notwithstanding Exhibit E, the Availability Payment in section 1.0 of Exhibit E for all of the DR3 Schedules in that Settlement Account for the Contract Month following the month in which the Performance Breach occurred shall be deemed to be zero (unless the Performance Breach occurs in the last month of the last Schedule Term, in which case the total Availability Payment in section 1.0 of Exhibit E for all of the DR3 Schedules in that Settlement Account for the Contract Month in which the Performance Breach occurred shall be deemed to be zero). Notwithstanding the foregoing, the Participant shall not be excused from continuing to comply with any of its obligations under all of the DR3 Schedules under that Settlement Account, as if such Performance Breach had not occurred. The Participant and OPA shall use reasonable efforts prior to the end of the M&V Review Period to agree on the necessary remedial action as a result of the Performance Breach; however, failing such agreement by the end of the M&V Review Period, all of the DR3 Schedules in that Settlement Account shall be terminated and the OPA shall be entitled, without limiting any other rights or remedies it may have, to its rights and remedies under Section 11 – Events of Default and Remedies including payment of the Early Termination Payment from the Participant in relation to all such DR3 Schedules so terminated.
View Source

Related to Performance Breaches

  • Performance; No Default The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), no Default or Event of Default shall have occurred and be continuing.

  • Performance Excused The Affected Party, to the extent rendered unable to perform its obligations or part thereof under this Agreement as a consequence of the Force Majeure Event shall be excused from performance of the obligations. Provided that, the excuse from performance shall be of no greater scope and of no longer duration than is reasonably warranted by the Force Majeure Event. Provided further, nothing contained herein shall absolve the Affected Party from any payment obligations accrued prior to the occurrence of the underlying Force Majeure Event.

  • 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.

  • Performance Condition Notwithstanding the vesting schedule stated in the Award Notification, your Restricted Shares shall not vest unless the Company achieves positive Adjusted Net Earnings in any fiscal year during the term of the Award. “Adjusted Net Earnings” means net earnings determined in accordance with GAAP as publicly reported by the Company for a fiscal year, adjusted to eliminate the following: (1) the cumulative effect of changes in GAAP; (2) gains and losses from discontinued operations; (3) extraordinary gains or losses; and (4) any other unusual or nonrecurring gains or losses which are separately identified and quantified, including merger related charges. 

  • 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.