Performance Excuses Sample Clauses

POPULAR SAMPLE Copied 1 times
Performance Excuses. (a) The obligation of Seller to deliver Buyer’s Delivered Energy to the Delivery Point shall be excused only (i) during periods of a Force Majeure Event, (ii) by Buyer’s unexcused failure to perform its obligation to receive Buyer’s Delivered Energy at the Delivery Point, (iii) during Curtailment Periods and (iv) during Planned Outages and Maintenance Outages (“Seller Excuses”). (b) The obligation of Buyer to receive and pay for Buyer’s Share of the Energy shall be excused only (i) during periods of a Force Majeure Event, (ii) by Seller’s failure to perform its obligations to generate and deliver Energy to the Delivery Point, or
View Source
Performance Excuses. During the Delivery Term:
View Source
Performance Excuses. (a) The obligation of Seller to deliver the Energy to the Delivery Point shall be excused only (i) during periods of Force Majeure, (ii) by Buyer’s unexcused failure to perform its obligation to receive Delivered Energy at the Delivery Point, (iii) during Curtailment Periods and (iv) during Planned Outages and Maintenance Outages (“Seller Excuses”). (b) The obligation of Buyer to receive and pay for the Product delivered at the Delivery Point shall be excused only (i) during periods of Force Majeure, (ii) by Seller’s failure to perform its obligations to generate and deliver Energy to the Delivery Point, or
View Source
Performance Excuses. (a) The obligations of Seller to deliver or make available the Product to Buyer at the Delivery Point shall be excused only (i) during periods of Force Majeure, (ii) by Buyer’s failure to perform its obligation to receive the Product at the Delivery Point or other Buyer Event of Default, (iii) during Curtailment Periods, (iv) during Buyer Curtailment Periods, and (v) during Planned Outages (“Seller Excuses”). (b) The obligations of Buyer to receive and pay for the Product shall be excused only (i) during periods of Force Majeure, (ii) by Seller’s failure to perform its obligations to generate and deliver Product to the Delivery Point or other Seller Event of Default, or (iii) during a Transmission Interruption event (“Buyer Excuses”). (c) If Buyer fails to receive all or part of the Product and such failure is not excused due to Buyer Excuses, then Buyer shall pay Seller, on the date payment would otherwise be due in respect of the Month in which the failure occurred, an amount for such deficiency equal to the positive difference, if any, obtained by subtracting the Sales Price from the Contract Price (“Seller’s Replacement Costs”). (d) Seller shall include in a monthly invoice delivered to Buyer pursuant to Section 8.1 the amounts owed by Buyer pursuant to Section (a) and a description, in reasonable detail, of the calculation of Seller’s Replacement Costs.
View Source
Performance Excuses 
View SourceView Similar (62)

Related to Performance Excuses

  • 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 Expectations The Charter School’s performance in relation to the indicators, measures, metrics and targets set forth in the CPF shall provide the basis upon which the SCSC will decide whether to renew the Charter School’s Charter Contract at the end of the charter term. This section shall not preclude the SCSC from considering other relevant factors in making renewal decisions.

  • Performance Measure Grantee will adhere to the performance measures requirements documented in

  • Performance Metrics The Influencer shall aim for a minimum engagement rate of [SPECIFY PERCENTAGE, e.g., 3%] on all posts associated with the Campaign. Engagement rate is calculated as the sum of likes, comments, shares, and other interactions divided by the total number of followers at the time of posting. The Influencer agrees to achieve a minimum reach of [SPECIFY NUMBER] unique viewers per post, or a cumulative reach of [SPECIFY NUMBER] across the Campaign. Impressions data will be provided through the Influencer’s analytics tools and verified by the Company when requested. For posts incorporating a call-to-action, such as links to the Company’s website or landing page, the Influencer will target a CTR of at least [SPECIFY PERCENTAGE, e.g., 2%]. CTR is measured as the ratio of clicks to impressions, based on data from tracking links provided by the Company. The Influencer may be expected to drive specific actions (e.g., sales, sign-ups, downloads) using unique tracking codes or referral links. Specific conversion targets will be detailed between the Parties. The Influencer shall submit performance reports on a [WEEKLY/BI-WEEKLY/MONTHLY] basis. These reports must include detailed metrics for each published post, such as: number of likes, comments, shares, and other engagement interactions; reach and impressions per post; click-through data and referral link activity; and conversion data (if applicable). Within [NUMBER] days following the end of the Campaign, the Influencer shall provide a comprehensive post-campaign report summarizing overall performance against all agreed KPIs, including supporting documentation (e.g., screenshots, analytics dashboard exports). The Influencer agrees to provide access to analytics platforms or third-party verification tools to authenticate the reported data, if requested by the Company. The Parties agree to conduct a review of the performance metrics within the first [NUMBER] days of the Campaign to ensure the targets remain realistic and reflective of current market conditions. Adjustments may be made in writing if necessary. If the Influencer consistently fails to meet the established KPIs without valid justification, the Parties shall meet in good faith to discuss potential remedies, which may include adjustments to the compensation structure or additional promotional support, as mutually agreed upon. The Company may specify certain analytics tools or platforms for measuring and reporting performance metrics. The Influencer shall utilize these specified tools where applicable to ensure consistency and transparency in data reporting. In instances where independent verification of performance data is required, the Influencer agrees to cooperate with third-party verification services designated by the Company to validate the metrics reported.

  • Performance Criteria The Performance Criteria are set forth in Exhibit A to this Agreement.