Performance or Benchmark Testing Clause Samples

The Performance or Benchmark Testing clause defines the rules and limitations regarding the evaluation of a product or service's capabilities through formal testing or comparison against industry standards. Typically, this clause restricts the customer from conducting or publicly disclosing the results of performance or benchmark tests without the provider's prior written consent. Its core practical function is to protect the provider's reputation and proprietary information by controlling how performance data is generated and shared, thereby preventing potentially misleading or unfavorable comparisons.
POPULAR SAMPLE Copied 1 times
Performance or Benchmark Testing. You may not disclose the results of any benchmark test of the Port Software to any third party without LumenVox' prior written approval.
View SourceView Similar (2)
Performance or Benchmark Testing. You may not disclose the results of any benchmark test using the App to any third party without AT&T’s prior written approval.
View SourceView Similar (11)
Performance or Benchmark Testing. You may not disclose the results of any benchmark test using the SOFTWARE PRODUCT to any third party without ▇▇▇▇▇▇▇▇▇▇▇.▇▇▇’s prior written approval.
View SourceView Similar (2)
Performance or Benchmark Testing. You may not disclose the results of any benchmark test of either of the Windows 95 Software Components to any third party without Microsoft’s prior written approval.
View Source
Performance or Benchmark Testing. You may not disclose the results of any benchmark test using the PTT Solution to any third party without AT&T’s prior written approval.
View Source
Performance or Benchmark Testing. You may not disclose the results of any benchmark test using the PRODUCT to any third party without COMPANY's prior written approval.
View Source
Performance or Benchmark Testing. You may not disclose the results of any benchmark test of the Software to any third party without LumenVox's prior written approval.
View Source
Performance or Benchmark Testing. You may not disclose the results of any benchmark test of either the Server Software or Client Software for Microsoft SQL Server, Microsoft Exchange Server, Microsoft Transaction Server, Microsoft Message Queue Server, Microsoft Site Server, Microsoft Proxy Server, or Microsoft Internet Information Server to any third party without Microsoft’s prior written approval.
View Source
Performance or Benchmark Testing. You may not disclose the results of any benchmark test of either the [Server Software] or [Client Software] for Microsoft Message Queue Server, Microsoft Transaction Server, or Microsoft Internet Information Server to any third party without Microsoft’s prior written approval. Installation on a Single [Server]. The [Server Software] components that make up the applicable [SOFTWARE PRODUCT] may only be installed together for use on one [Server] and may not be separated, unless otherwise provided herein. Note on
View Source

Related to Performance or Benchmark Testing

  • Performance Testing (a) All performance tests of the Project, including any Initial Performance Test required in Section 2 of Appendix VIII, will be performed in accordance with the test procedures set forth in Appendix VIII (“Performance Test”), including additional procedures and protocols related to Performance Testing as mutually agreed between Buyer and Seller (“Test Procedures”). Seller shall bear all costs and receive all revenues, if applicable, associated with all Performance Tests. (b) After the Initial Delivery Date and during the Delivery Term, Buyer will have the right to conduct a Performance Test (“Buyer Performance Test”) no more than once a calendar year to demonstrate whether the Project is capable of delivering the Distribution Services at the Contract Capacity. Within 30 calendar days following a Buyer Performance Test, Seller will have the right to retest the Project with a Performance Test (“Seller Retest”). For the avoidance of doubt, the results of any Seller Retest will supersede the results of the preceding Buyer Performance Test. (i) If a Buyer Performance Test or, if a corresponding Seller Retest has occurred, a Seller Retest demonstrates the Project is capable of delivering Distribution Services at or above ninety-nine percent (99%) of the Initial Contract Capacity, the Contract Capacity will remain the Initial Contract Capacity; (ii) If a Buyer Performance Test or, if a corresponding Seller Retest has occurred, a Seller Retest demonstrates the Project is capable of delivering Distribution Services at more than or equal to eighty-five (85%) of the Initial Contract Capacity, but less than ninety-nine percent (99%) of the Initial Contract Capacity (“Testing Band”), the Contract Capacity will be automatically adjusted (upwards or downwards) to the capacity commensurate with the amount of Distribution Services the Project delivered during the Performance Test within the Testing Band. (iii) If a Buyer Performance Test or, if a corresponding Seller Retest has occurred, a Seller Retest demonstrates the Project is not capable of delivering Distribution Services of at least eighty-five percent (85%) of the Initial Contract Capacity, an Event of Default shall occur in accordance with Section 7.1(a)(viii).

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

  • Performance Measurement The Uniform Guidance requires completion of OMB-approved standard information collection forms (the PPR). The form focuses on outcomes, as related to the Federal Award Performance Goals that awarding Federal agencies are required to detail in the Awards.

  • Performance Tests Contractor shall perform Performance Tests in accordance with Section 11.2 of the Agreement and Attachment S.

  • 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 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). 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. (b) Depending upon the extent, if any, to which the Performance Goal has been achieved, and subject to compliance with the requirements of Section 4, each PSU shall entitle the Grantee to receive, at such time as is determined in accordance with the provisions of Section 5, between 0 and 2.0 Shares for each PSU. The Committee shall, as soon as practicable following the last day of the Performance Period, certify (i) the extent, if any, to which, in accordance with Appendix A, the Performance Goal has been achieved with respect to the Performance Period and (ii) the number of whole and/or partial Shares, if any, which, subject to compliance with the vesting requirements of Section 4, the Grantee shall be entitled to receive with respect to each PSU (with such number of whole and/or partial Shares being hereafter referred to as the “Share Delivery Factor”). Such certification shall be final, conclusive and binding on the Grantee, and on all other persons, to the maximum extent permitted by law.