Performance Defaults Sample Clauses
Performance Defaults. 1If any Performance Default occurs or if the Service Provider has reasonable grounds to believe or suspect that a Performance Default will or may occur, the Service Provider will immediately notify the Contract Manager in writing.
Performance Defaults. Failure of the Contractor to meet the performance standards shall grant Covered California the authority to assess penalties where applicable, or require that the Contractor provide and implement a corrective action plan.
Performance Defaults. The Sellers 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 on the Closing Date and, after giving effect to the issue and sale of the Note and the Warrants, no default or Event of Default shall have occurred and be continuing.
Performance Defaults. Failure of the Contractor to meet the performance standards shall grant the Exchange the authority to assess penalties where applicable, or require that the Contractor provide and implement a corrective action plan.
Performance Defaults. The Noteholders 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 on the Closing Date and, after giving effect to the purchase and sale of the Notes, no default or Event of Default shall have occurred and be continuing.
Performance Defaults. Failure by either Party to perform any of its duties or obligations under this Agreement when and as due, including a Shortfall Termination (other than (i) the failure to make any payment, which is addressed in Section 13.1(a), (ii) an Extended Delay Termination in accordance with Section 4.2(d), or (iii) a “Security Default” as set forth in Section 13.1(e)) that is not cured within thirty (30) days after receipt of written notice thereof from the other Party; provided that if such failure cannot be cured within such thirty (30) day period, despite reasonable commercial efforts, such Party shall have up to ninety (90) additional days to cure.
Performance Defaults. If Contractor has failed to comply with any material covenant or material obligation under this Contract or has repeatedly failed to comply with reasonable requests to perform pursuant to the terms and conditions of this Contract.
Performance Defaults. Failure by either Party in any material respect to perform any of its duties or obligations under this Agreement when and as due (other than (i) the failure to make any payment, which is addressed in Section 13.1(a), (ii) failure of Seller to achieve Commercial Operation, which is addressed as an Extended Delay Termination in accordance with Section 4.2(d), (iii) a “Security Default” as set forth in Section 13.1(e) or (iv) a breach or default for which a liquidated damage remedy is expressly provided herein) that is not cured within thirty
Performance Defaults. In the event of a Performance Default the Council shall issue a Default Notice to the Provider which shall state on its face whether, in the reasonable opinion of the Contract Manager, the Performance Default is either a Critical Performance Default or Non-Critical Performance Default. For the avoidance of doubt, a single Default Notice covering more than one Performance Default may be issued validly under this Cause 36.5 and further a PAMMS Assessment finding of “poor” for the Provider is a Critical Performance Default and a finding of “requires improvement” is a Non-Critical Performance Default and this Clause 36 shall be applied accordingly. If the Provider disputes whether a Performance Default is a Critical Performance Default, the matter shall be referred to the Dispute Resolution Procedure and if the dispute remains unresolved, to the Courts.