Common use of Performance Failure Clause in Contracts

Performance Failure. Performance failure may occur if, for any reason, a compensatory mitigation project fails to comply with terms of an approved mitigation project plan, including failure to meet performance standards after a project is completed. If monitoring reveals a performance failure, ▇▇▇▇, the Corps and the IRT will first attempt to address the failure through adaptive management. If adaptive management efforts are successful, no further responses to project performance failure will be necessary.