Performance Level. Any maintenance services beyond the warranted performance shall be specified and priced in a designated agreement. If the parties have concluded a maintenance and service agreement, the performance level of such agreement shall also form the basis for the warranted performance. If no maintenance agreement has been concluded, the performance level during the warranty period shall be specified in Appendices 1 and/or 2. Moreover, all work involved in curing errors and defects shall be commenced and completed without undue delay after the Contractor has received notice of such errors or defects. The second to last paragraph of clause 5.1 shall apply correspondingly. If the Contractor chooses to rectify errors during the warranty period by delivering a new version of the software, the Contractor shall not be entitled to any consideration in respect of the new version, even if it contains improvements. The Contractor may only rectify errors and defects by way of the delivery of a new version if the Customer is able to utilise such new version on the Customer's existing technical platform.
Performance Level. At any time, each nameserver (including a cluster of nameservers addressed at a shared IP address) MUST be able to handle a load of queries for DNS data that is three times the measured daily peak (averaged over the Monthly Timeframe) of such request on the most loaded nameserver.
Performance Level. The Registry Operator will, on average, be capable of processing 40 Transactions per second.
Performance Level. Shares of restricted Stock will vest only if the Threshold Performance Level is achieved during the Performance Period: (i) TSR and ROA greater than or equal to the 25th percentile of the Peer Group and (ii) earnings per share are above $0. Both TSR and ROA contribute individually and equally to the payout such that performance below the 25th percentile on one measure individually does not prevent the second measure from generating payment for performance achieved at or above the 25th percentile. Notwithstanding any provision contained in this Agreement, earnings per share must be greater than $0 in order for any shares of restricted Stock to vest.
Performance Level. Any change in the applicable Performance Level; provided, however, that the failure to provide such notice shall not delay or otherwise affect any change in the Applicable Margin or other amount payable hereunder which is to occur upon a change in Performance Level pursuant to the terms of this Agreement.
Performance Level. The Parties will mutually agree on the performance levels Company will be expected to meet or exceed in its operations on the Uber platform. Performance metrics and targets will be established by mutual agreement in each Project Plan, and may be updated from time to time by mutual written agreement.
Performance Level. The Whois Service will, on average, be able to handle 50 queries per second.
Performance Level. FIS shall use commercially reasonable efforts to make the Service available to Client at least ninety-nine percent (99%) of the time (“Uptime Commitment”), measured monthly, using the following formula. The Uptime Commitment shall measured by the Total Hours of Operation minus Service Outages divided by Total Hours of Operation. A “Service Outage” means any time when the Service is inoperable or unavailable due to or caused by reasons reasonably within FIS’ control, excluding specifically the following reasons: (i) Client’s own telecommunications or Internet service providers; (ii) a Force Majeure Event; (iii) any systemic Internet failures; or (iv) any failure in Client’s own hardware, software or network connection. “Total Hours of Operation” means twenty-four (24) hours per day, three hundred sixty-five (365) days per year, excluding any time for Maintenance Outages. “Maintenance Outage” means a planned or unplanned maintenance period, including, without limitation, any maintenance downtime or maintenance outage, not to exceed an aggregate of ten (10) hours in any calendar month. For each calendar month in which FIS has Uptime of: (a) less than 99% but equal to or above 95%, FIS shall, upon Client’s request made within thirty (30) days of the end of that calendar month, provide Client with a written plan for improving Uptime to attain 99% Uptime, and FIS shall promptly implement such plan; or (b) less than 95%, FIS shall, upon Client’s request made within thirty (30) days of the end of that calendar month, provide Client with a service credit in an amount equal to (i) *****% of the month’s Base Vault Stored Volume fee or (ii) $*****, whichever is less. The remedies set forth in this Section shall constitute Client’s sole and exclusive remedy for a failure to meet the Uptime Commitment.
Performance Level. Each bargaining unit member's evaluation shall include, at the conclusion of the report, the statement: "Considering all factors, the work performance of the bargaining unit member is: Satisfactory Needs Improvement Unsatisfactory (check one)"
Performance Level. The term “Performance Level” means the Threshold, Target or Maximum Performance Level specified in § 3(a).
