Performance Measures and Associated Remedies Sample Clauses

Performance Measures and Associated Remedies. The MCO must provide all services and deliverables under the Contract at an acceptable quality level and in a manner consistent with acceptable industry standard, custom, and practice. Failure to do so may result in HHSC’s assessment of contractual remedies, including liquidated damages, as set forth in Attachment B-4, “Deliverables/Liquidated Damages Matrix.”
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Performance Measures and Associated Remedies. In the event Contractor fails to deliver the final report to HHSC or before the ninetieth (90th) calendar day following the Effective Date, HHSC may require that Contractor pay, as liquidated damages and not as a penalty, the amount of five hundred dollars ($500) per calendar day of delay.
Performance Measures and Associated Remedies. This SOW defines distinct scopes of work for ongoing XXXX efforts. HHSC requires Insight to perform its responsibilities and tasks as specified in the Contract. Insight’s performance during operations will be assessed for compliance with the SLA defined below. The purpose of SLAs is to quantify Insight’s expected performance for recurring services and the liabilities for poor performance or underperformance. SLAs are not intended to be punitive on Insight and the objective is to prompt and incentivize positive Contract performance by Insight. Insight shall track and report to HHSC on all SLAs and shall ensure that the HHSC has real-time access to all source data on which the SLA reporting is based. Penalties shall be calculated and applied monthly, beginning on the first day of the month and concluding on the last day of the month. HHSC shall be entitled to other remedies should Insight fail to meet transition objectives for deliverable quality and/or schedule consistency, or should Insight fail to comply with operational SLAs. All SLA response time requirements related to critical incidents are based upon clock hours and not business hours. HHSC requires that SLA compliance validation be based on objectively measurable data drawn from systems under HHSC management and administrative control. The systems used for compliance validation will include but may not be limited to HHSC instances of CA and SolarWinds Orion management tools, and the HHSC instance of Remedy (ITSM). Without affecting any rights or remedies available to HHSC under the Contract, HHSC may require a corrective action plan in the event Insight fails to meet an SLA two (2) or more times within a rolling six (6) month period. In the event HHSC requires a corrective action plan, Insight shall provide a written response within seven (7) business days of the date of the notice and shall immediately implement the plan upon written acceptance by the Director of Converged Services or Contract Manager. If the HHSC rejects the plan, Insight shall revise and resubmit the plan to HHSC within five (5) business days, or in the HEALTH AND HUMAN SERVICES
Performance Measures and Associated Remedies. The terms of this Statement of Work, including the following measures, will be used to assess Grantee’s appropriate utilization of grant funds described in this Statement of Work, without waiving the enforceability of any of the terms of the Contract into which this Statement of Work is incorporated.
Performance Measures and Associated Remedies. The System Agency will monitor the Contractor’s ability to secure, print, and provide the paper utilized to print State of Texas birth, death and marriage certificates. Contractor’s failure to meet the above objectives may result in any of the following actions taken by HHS:
Performance Measures and Associated Remedies. System Agency will monitor the Contractor’s ability to pick up, properly package, track and deliver a maximum of 1,000,000 specimens within the first year with potential for growth throughout the initial Contract period and any subsequent renewals, at the appropriate temperature (frozen on dry ice, cold on cold packs and ambient) to the Laboratory within the agreed-upon time (same day, next day, weekend, or disaster response as defined by service area) according to the specifics in Section 1, Description of Services; Section 2, Required Service Hours; and Section 3, Service Obligations. Contractor’s failure to meet the above objectives may result in any of the following actions taken by System Agency:
Performance Measures and Associated Remedies. System Agency will actively monitor the performance under this Contract including, but not limited to, the requirements as set forth in Attachment A. All Services and Deliverables under the Contract shall be provided at an acceptable quality level and in a manner consistent with acceptable industry standard, custom, and practice. Deliverable deadlines are negotiated as part of the work order process and documented on the final agreed to work order. System Agency Deliverables are invoiced by the Contractor and specifically paid for by System Agency. The performance measure and liquidated damages are indicated in the table below. System Agency reserves the right to assess additional damages, other liquidated damages (if set forth in the Project Request for Quote) and other remedies depending on the nature of the specific Project Request for Quote and Project Proposal. Contractor will not be responsible for missing the Performance Measure nor for the associated liquidated damages if the missed Performance Measure is caused by events, acts or omissions outside its control.
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Related to Performance Measures and Associated Remedies

  • Ongoing Performance Measures The Department intends to use performance-reporting tools in order to measure the performance of Contractor(s). These tools will include the Contractor Performance Survey (Exhibit H), to be completed by Customers on a quarterly basis. Such measures will allow the Department to better track Vendor performance through the term of the Contract(s) and ensure that Contractor(s) consistently provide quality services to the State and its Customers. The Department reserves the right to modify the Contractor Performance Survey document and introduce additional performance-reporting tools as they are developed, including online tools (e.g. tools within MFMP or on the Department's website).

  • Performance Measures The System Agency will monitor the Grantee’s performance of the requirements in Attachment A and compliance with the Contract’s terms and conditions.

  • Performance Targets Threshold, target and maximum performance levels for each performance measure of the performance period are contained in Appendix B.

  • Performance Measurement Satisfactory performance of this Contract will be measured by:

  • Performance Measure The specific representation of a process or outcome that is relevant to the assessment of performance; it is quantifiable and can be documented

  • Performance Goal (a) Subject to the following sentence, the Performance Goal is set out in Appendix A hereto, which Appendix A is incorporated by reference herein and made a part hereof. Notwithstanding the foregoing, the provisions of Section 13 or any other provision of A-1 this Agreement to the contrary, the Committee reserves the right to unilaterally change or otherwise modify the Performance Goal in any manner whatsoever (including substituting a new Performance Goal), but only to the extent that the Committee has first determined that the exercise of such discretion would not cause the Performance Share Units to fail to qualify as “performance-based compensation” under Section 162(m) of the Code. If the Committee exercises such discretionary authority to any extent, the Committee shall provide the Grantee with a new Appendix A in substitution for the Appendix A attached hereto, and such new Appendix A and the Performance Goal set out therein (rather than the Appendix A attached hereto and the Performance Goal set out therein) shall in all events apply for all purposes of this Agreement.

  • PERFORMANCE MEASUREMENTS Upon a particular Commission’s issuance of an Order pertaining to Performance Measurements in a proceeding expressly applicable to all CLECs generally, BellSouth shall implement in that state such Performance Measurements as of the date specified by the Commission. Performance Measurements that have been Ordered in a particular state can currently be accessed via the internet at xxxx://xxxx.xxxxxxxxx.xxx. The following Service Quality Measurements (SQM) plan as it presently exists and as it may be modified in the future, is being included as the performance measurements currently in place for the state of Tennessee. At such time that the TRA issues a subsequent Order pertaining to Performance Measurements, such Performance Measurements shall supersede the SQM contained in the Agreement. BellSouth Service Quality Measurement Plan‌ (SQM) Tennessee Performance Metrics Measurement Descriptions Version 2.00 Issue Date: July 1, 2003 Introduction

  • Covenants of Performance Measurement No interference. Registry Operator shall not interfere with measurement Probes, including any form of preferential treatment of the requests for the monitored services. Registry Operator shall respond to the measurement tests described in this Specification as it would to any other request from an Internet user (for DNS and RDDS) or registrar (for EPP). ICANN testing registrar. Registry Operator agrees that ICANN will have a testing registrar used for purposes of measuring the SLRs described above. Registry Operator agrees to not provide any differentiated treatment for the testing registrar other than no billing of the transactions. ICANN shall not use the registrar for registering domain names (or other registry objects) for itself or others, except for the purposes of verifying contractual compliance with the conditions described in this Agreement. PUBLIC INTEREST COMMITMENTS Registry Operator will use only ICANN accredited registrars that are party to the Registrar Accreditation Agreement approved by the ICANN Board of Directors on 27 June 2013 in registering domain names. A list of such registrars shall be maintained by ICANN on ICANN’s website. (Intentionally omitted. Registry Operator has not included commitments, statements of intent or business plans provided for in its application to ICANN for the TLD.) Registry Operator agrees to perform the following specific public interest commitments, which commitments shall be enforceable by ICANN and through the Public Interest Commitment Dispute Resolution Process established by ICANN (posted at xxxx://xxx.xxxxx.xxx/en/resources/registries/picdrp), which may be revised in immaterial respects by ICANN from time to time (the “PICDRP”). Registry Operator shall comply with the PICDRP. Registry Operator agrees to implement and adhere to any remedies ICANN imposes (which may include any reasonable remedy, including for the avoidance of doubt, the termination of the Registry Agreement pursuant to Section 4.3(e) of the Agreement) following a determination by any PICDRP panel and to be bound by any such determination. Registry Operator will include a provision in its Registry-Registrar Agreement that requires Registrars to include in their Registration Agreements a provision prohibiting Registered Name Holders from distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law, and providing (consistent with applicable law and any related procedures) consequences for such activities including suspension of the domain name. Registry Operator will periodically conduct a technical analysis to assess whether domains in the TLD are being used to perpetrate security threats, such as pharming, phishing, malware, and botnets. Registry Operator will maintain statistical reports on the number of security threats identified and the actions taken as a result of the periodic security checks. Registry Operator will maintain these reports for the term of the Agreement unless a shorter period is required by law or approved by ICANN, and will provide them to ICANN upon request. Registry Operator will operate the TLD in a transparent manner consistent with general principles of openness and non-discrimination by establishing, publishing and adhering to clear registration policies.

  • Performance Default and Remedies Subsection B. DEFAULT AND REMEDIES, second paragraph of the Contract is modified as follows (underlined language is added and stricken language is deleted): “Written notice of default and a reasonable 30-day opportunity to cure must be issued by the party claiming default.”

  • PERFORMANCE OBJECTIVES 4.1 The Performance Plan (Annexure A) sets out-

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