Common use of Performance Metrics Clause in Contracts

Performance Metrics. In the event Grantee fails to award a cumulative total of at least 432 Certificates by the Completion Deadline, then Grantee shall upon written demand by Triumph repay to Triumph an amount equal to (A) $2,988, multiplied by (B) the sum of (a) 432, minus (b) the actual number of Certificates issued as of the Completion Deadline. The foregoing is collectively referred to herein as the “Performance Metrics.” In addition to the foregoing, Grantee shall, for at least four (4) years following the satisfaction of the Performance Metrics, use reasonable good faith efforts to continue the Certificate program. At any time and from time to time, upon written request by Triumph, Grantee shall within thirty (30) days of such request, deliver to Triumph such data, reports, payroll ledgers, state and federal payroll returns, financial statements and reporting, and other documents, instruments, and information, as well as its State of Florida employment reporting forms (collectively, “Back- up Data”) as Triumph requires in order to determine whether Grantee achieved of any or all of the above Performance Metrics. Xxxxxxx’s refusal or failure to timely provide any requested Back- up Data shall be deemed Xxxxxxx’s failure to timely achieve the above Performance Metrics. Notwithstanding the foregoing, so long as Grantee is making diligent efforts to obtain the Back- up Data from third parties, the thirty (30) day deadline described above shall be reasonably extended with respect to any Back-up Data needed to be obtained from third parties.

Performance Metrics. In the event Grantee fails to award a cumulative total of at least 432 6,448 Certificates by the Completion Deadline, then Grantee shall upon written demand by Triumph repay to Triumph an amount equal to (A) $2,9881,861, multiplied by (B) the sum of (a) 4326,448, minus (b) the actual number of Certificates issued as of the Completion Deadline. The foregoing is collectively referred to herein as the “Performance Metrics.” In addition to the foregoing, Grantee shall, for at least four (4) years following the satisfaction of the Performance Metrics, use reasonable good faith efforts to continue the Certificate program. At any time and from time to time, upon written request by Triumph, Grantee shall within thirty (30) days of such request, deliver to Triumph such data, reports, payroll ledgers, state and federal payroll returns, financial statements and reporting, and other documents, instruments, and information, as well as its State of Florida employment reporting forms (collectively, “Back- up Data”) as Triumph requires in order to determine whether Grantee achieved of any or all of the above Performance Metrics. XxxxxxxGrantee’s refusal or failure to timely provide any requested Back- up Data shall be deemed XxxxxxxGrantee’s failure to timely achieve the above Performance Metrics. Notwithstanding the foregoing, so long as Grantee is making diligent efforts to obtain the Back- up Data from third parties, the thirty (30) day deadline described above shall be reasonably extended with respect to any Back-up Data needed to be obtained from third parties.

Performance Metrics. In the event Grantee fails to award a cumulative total of at least 432 7,450 Certificates by the Completion Deadline, then Grantee shall upon written demand by Triumph repay to Triumph an amount equal to (A) $2,9882,686, multiplied by (B) the sum of (a) 4327,450, minus (b) the actual number of Certificates issued as of the Completion Deadline. The foregoing is collectively referred to herein as the “Performance Metrics.” In addition to the foregoing, Grantee shall, for at least four (4) years following the satisfaction of the Performance Metrics, use reasonable good faith efforts to continue the Certificate program. At any time and from time to time, upon written request by Triumph, Grantee shall within thirty (30) days of such request, deliver to Triumph such data, reports, payroll ledgers, state and federal payroll returns, financial statements and reporting, and other documents, instruments, and information, as well as its State of Florida employment reporting forms (collectively, “Back- up Data”) as Triumph requires in order to determine whether Grantee achieved of any or all of the above Performance Metrics. XxxxxxxGrantee’s refusal or failure to timely provide any requested Back- up Data shall be deemed XxxxxxxGrantee’s failure to timely achieve the above Performance Metrics. Notwithstanding the foregoing, so long as Grantee is making diligent efforts to obtain the Back- up Data from third parties, the thirty (30) day deadline described above shall be reasonably extended with respect to any Back-up Data needed to be obtained from third parties.

Performance Metrics. In the event Grantee fails to award a cumulative total of at least 432 Certificates 2,048 Milestones by the Completion Deadline, then Grantee shall upon written demand by Triumph repay to Triumph an amount equal to (A) $2,9883,736, multiplied by (B) the sum of (a) 4322,048, minus (b) the actual number of Certificates Milestones issued as of the Completion Deadline. The foregoing is collectively referred to herein as the “Performance Metrics.” In addition to the foregoing, Grantee shall, for at least four (4) years following the satisfaction of the Performance Metrics, use reasonable good faith efforts to continue the Certificate Milestone program. At any time and from time to time, upon written request by Triumph, Grantee shall within thirty (30) days of such request, deliver to Triumph such data, reports, payroll ledgers, state and federal payroll returns, financial statements and reporting, and other documents, instruments, and information, as well as its State of Florida employment reporting forms (collectively, “Back- up Data”) as Triumph requires in order to determine whether Grantee achieved of any or all of the above Performance Metrics. XxxxxxxGrantee’s refusal or failure to timely provide any requested Back- up Data shall be deemed XxxxxxxGrantee’s failure to timely achieve the above Performance Metrics. Notwithstanding the foregoing, so long as Grantee is making diligent efforts to obtain the Back- up Data from third parties, the thirty (30) day deadline described above shall be reasonably extended with respect to any Back-up Data needed to be obtained from third parties.

Performance Metrics. In the event Grantee fails to award a cumulative total timely deliver any of at least 432 Certificates by the Completion Deadlineitems described in Section 4.2(1) – (7) above (the “Performance Metrics”), then in accordance with Section 4.2 and Section 8.4 below Grantee shall upon written demand by Triumph repay to Triumph an amount equal to (A) $2,988, multiplied by (B) the sum of (a) 432, minus (b) the actual number of Certificates issued as that portion of the Completion Deadline. The foregoing is collectively referred Grant required to herein as be repaid under the “Performance Metrics.” In addition to the foregoing, Grantee shall, for at least four (4applicable provision(s) years following the satisfaction of the Performance Metrics, use reasonable good faith efforts to continue the Certificate programSection 4.2(1)-(7). At any time and from time to time, upon written request by Triumph, Grantee shall within thirty (30) days of such request, deliver to Triumph such data, reports, payroll ledgers, state and federal payroll returns, financial statements and reporting, and other documents, instruments, and information, as well as its State of Florida employment reporting forms (collectively, “Back- Back-up Data”) as Triumph requires in order to determine whether Grantee achieved of any or all of the above Performance Metrics. Xxxxxxx’s refusal or failure to timely provide any requested Back- Back-up Data shall be deemed Xxxxxxx’s failure to timely achieve all of the above Performance Metrics. Notwithstanding the foregoing, so long as Grantee is making diligent efforts to obtain the Back- Back-up Data from third parties, the thirty (30) day deadline described above shall be reasonably extended with respect to any Back-up Data needed to be obtained from third parties.

Performance Metrics. In the event Grantee fails to award a cumulative total of at least 432 3,280 Certificates by the Completion Deadline, then Grantee shall upon written demand by Triumph repay to Triumph an amount equal to (A) $2,9883,506.31, multiplied by (B) the sum of (a) 4323,280, minus (b) the actual number of Certificates issued as of the Completion Deadline. The foregoing is collectively referred to herein as the “Performance Metrics.” In addition to the foregoing, Grantee shall, for at least four (4) years following the satisfaction of the Performance Metrics, use reasonable good faith efforts to continue the Certificate program. At any time and from time to time, upon written request by Triumph, Grantee shall within thirty (30) days of such request, deliver to Triumph such data, reports, payroll ledgers, state and federal payroll returns, financial statements and reporting, and other documents, instruments, and information, as well as its State of Florida employment reporting forms (collectively, “Back- up Data”) as Triumph requires in order to determine whether Grantee achieved of any or all of the above Performance Metrics. XxxxxxxGrantee’s refusal or failure to timely provide any requested Back- up Data shall be deemed XxxxxxxGrantee’s failure to timely achieve the above Performance Metrics. Notwithstanding the foregoing, so long as Grantee is making diligent efforts to obtain the Back- up Data from third parties, the thirty (30) day deadline described above shall be reasonably extended with respect to any Back-up Data needed to be obtained from third parties.

Performance Metrics. In the event Grantee fails to award a cumulative total timely deliver any of at least 432 Certificates by the Completion Deadlineitems described in Section 4.2(1) – (7) above (the “Performance Metrics”), then in accordance with Section 4.2 and Section 8.4 below Grantee shall upon written demand by Triumph repay to Triumph an amount equal to (A) $2,988, multiplied by (B) the sum of (a) 432, minus (b) the actual number of Certificates issued as that portion of the Completion Deadline. The foregoing is collectively referred Grant required to herein as be repaid under the “Performance Metrics.” In addition to the foregoing, Grantee shall, for at least four (4applicable provision(s) years following the satisfaction of the Performance Metrics, use reasonable good faith efforts to continue the Certificate programSection 4.2(1)-(7). At any time and from time to time, upon written request by Triumph, Grantee shall within thirty (30) days of such request, deliver to Triumph such data, reports, payroll ledgers, state and federal payroll returns, financial statements and reporting, and other documents, instruments, and information, as well as its State of Florida employment reporting forms (collectively, “Back- Back-up Data”) as Triumph requires in order to determine whether Grantee achieved of any or all of the above Performance Metrics. XxxxxxxGrantee’s refusal or failure to timely provide any requested Back- Back-up Data shall be deemed XxxxxxxGrantee’s failure to timely achieve all of the above Performance Metrics. Notwithstanding the foregoing, so long as Grantee is making diligent efforts to obtain the Back- Back-up Data from third parties, the thirty (30) day deadline described above shall be reasonably extended with respect to any Back-up Data needed to be obtained from third parties.

Performance Metrics. In the event Grantee fails to award a cumulative total of at least 432 Certificates 2,048 Milestones by the Completion Deadline, then Grantee shall upon written demand by Triumph repay to Triumph an amount equal to (A) $2,9883,736, multiplied by (B) the sum of (a) 4322,048, minus (b) the actual number of Certificates Milestones issued as of the Completion Deadline. The foregoing is collectively referred to herein as the “Performance Metrics.” In addition to the foregoing, Grantee shall, for at least four (4) years following the satisfaction of the Performance Metrics, use reasonable good faith efforts to continue the Certificate Milestone program. At any time and from time to time, upon written request by Triumph, Grantee shall within thirty (30) days of such request, deliver to Triumph such data, reports, payroll ledgers, state and federal payroll returns, financial statements and reporting, and other documents, instruments, and information, as well as its State of Florida employment reporting forms (collectively, “Back- up Data”) as Triumph requires in order to determine whether Grantee achieved of any or all of the above Performance Metrics. Xxxxxxx’s refusal or failure to timely provide any requested Back- up Data shall be deemed Xxxxxxx’s failure to timely achieve the above Performance Metrics. Notwithstanding the foregoing, so long as Grantee is making diligent efforts to obtain the Back- up Data from third parties, the thirty (30) day deadline described above shall be reasonably extended with respect to any Back-up Data needed to be obtained from third parties.