Performance Calculations Clause Samples

Performance Calculations. The Bank will compute the performance ------------------------ results of each Fund (the "Performance Calculations") in accordance with applicable provisions of the 1933 Act and 1940 Act and the rules under such Acts related to the computations to be undertaken by the Bank pursuant to this Agreement, as promulgated by the Securities and Exchange Commission, as such provisions and or rules may be amended from time to time, and any published interpretations of or general conventions accepted by the staff of the Securities and Exchange Commission with respect to such rules or the subject matter thereof ("Subsequent Staff Positions"), subject to the Registration Statement, as amended from time to time, and the terms set forth below: (a) The Bank shall compute the Performance Calculations for each Fund for the stated periods of time as shall be mutually agreed upon, and communicate in a timely manner the result of such computation to the Company. (b) In performing the Performance Calculations, the Bank will derive from the records it generates and maintains for each Fund pursuant Section 11 hereof, the data necessary for the computation. The Bank shall have no responsibility to review, confirm, or otherwise assume any duty or liability with respect to the accuracy or correctness of any such data supplied to it by the Company, any of the its designated agents or any of its designated third- party providers. (c) At the request of the Bank, the Company shall provide, and the Bank shall be entitled to rely on, written standards and guidelines to be followed by the Bank in interpreting and applying the computation methods pursuant to the rules or any Subsequent Staff Positions as they specifically apply to a Fund, provided that the Bank shall be responsible for general knowledge of such rules and any Subsequent Staff Positions. In the event that the computation methods in a rule or the Subsequent Staff Positions or the application to a Fund of a standard or guideline is not free from doubt or in the event there is any question of interpretation as to the characterization of a particular security or any aspect of a security or a payment with respect thereto (e.g., original issue discount, participating debt security, income or return of capital, etc.) or otherwise or as to any other element of the computation that is pertinent to the Fund, the Company or its designated agent, BGFA, shall have the full responsibility for making the determination of how the security, o...

Performance Calculations. Definitions: • Abbreviations: C/P — Charter Party S/B — Sea Buoy • C/P Distance — For a given voyage is the total observed distance, S/B to S/B less any segment of the voyage excluded per agreement in the C/P (such as certain weather conditions, off-hire periods, or Canal transits.) Such segments are referred to as “exclusions” below. Any total observed distance that exceeds that determined from the BP Distance Tables by more than 3 percent will require special review and verification. The S/B to terminal distances must be adjusted out of the BP Distance Table values to determine S/B to S/B distances for the comparison above. • C/P time, in hours, for a given laden or ballast voyage is determined by dividing the C/P distance by the appropriate laden or ballast warranted speed from Clause 24. • Actual hours at sea for the S/B to S/B voyage is to be adjusted to reflect “exclusions”. • Average actual speed is determined by C/P distance divided by actual hours. • Maximum/minimum C/P hours are determined by average actual speed divided by C/P speed +/- margin per Clause 24, times actual hours. • If average actual speed is within maximum and minimum C/P hours, there is no performance claim for speed. • Hours lost/gained are determined by actual hours less maximum/minimum C/P hours. • Formula for calculating hire per hour — Hire Rate x 12 months 365 days x 24 hours Note: Hire rate, referred to above, in $/month, shall include effects of escalation and other costs, if any, allowed for in the C/P for the period in question. • C/P fuel for propulsion for a given voyage is determined by multiplying the C/P time (expressed in days) by the warranted fuel consumption from Clause 24. • Actual and C/P fuel consumption at sea for the S/B to S/B voyage will also be adjusted to reflect “exclusions”. • C/P consumption is determined by C/P days (C/P hours/24) x C/P fuel per Clause 24. • C/P consumption margin is determined by C/P days x C/P fuel margin per Clause 24. • If actual consumption is within the sum and difference of C/P consumption margin, there is no performance claim for propulsion fuel.

Performance Calculations. The Class 2 audit and validation process necessary to compute the prior month’s Account performance calculations will be completed by the end of the 5th Business Day following each month-end. Class 5 audit and validation process necessary to compute the prior month’s Account performance calculations will be completed by the end of the 5th Business Day following the release by the Customer of Class 5 statement production.

Performance Calculations. 2 2.11 Key Performance Indicators or KPIs................................ 3 2.12

Performance Calculations. All performance calculations under this Agreement shall be based upon data contained in Lufthansa’s records, which shall take precedence over the data in any other records. Both parties in good faith shall resolve any discrepancies in data.

Performance Calculations. All calculations and any disputes with respect to such calculations under this Agreement shall be based upon data contained in Participating Carriers’ records and the records of Performance Measurement Carriers (AC and UA), and the data in Participating Carriers’ and Performance Measurement Carriers’ records shall take precedence over the data in any other records.