Performance or Condition Clause Samples

Performance or Condition. Either Party's refusal, failure, or neglect in the performance of, or breach of, any non-monetary term, condition, covenant, warranty or representation contained in this Agreement shall have occurred and be continuing for thirty (30) days after written notice thereof from the other Party; provided however that such thirty (30) day period may be extended if, within such period, a duly authorized representative of the defaulting Party delivers to the other Party a certificate stating that the breach is not susceptible of cure within such thirty (30) day period but can be cured within a period of ninety (90) days from receipt of the initial notice and
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Performance or Condition. Failure to perform, or breach of, any non- monetary obligation under this Agreement which continues for 45 days after written notice;
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Performance or Condition. Either Party's refusal, failure, or neglect in the performance of, or breach of, any non-monetary term, condition, covenant, warranty or representation contained in this Agreement shall have occurred and be continuing for thirty (30) days after written notice thereof from the other Party; provided however that such thirty (30) day period may be extended if, within such period, a duly authorized representative of the defaulting Party delivers to the other Party a certificate stating that the breach is not susceptible of cure within such thirty (30) day period but can be cured within a period of ninety (90) days from receipt of the initial notice and further stating the actions being taken and to be taken to effect a cure, then the defaulting Party shall be entitled to a total period of up to ninety (90) days from the initial notice to cure such breach, but only for as long as the defaulting Party diligently and vigorously pursues such cure, then, without further notice, the non-defaulting Party may pursue any and all rights and remedies available to it;
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Related to Performance or Condition

  • Performance Condition Notwithstanding the vesting schedule stated in the Award Notification, your Restricted Shares shall not vest unless the Company achieves positive Adjusted Net Earnings in any fiscal year during the term of the Award. “Adjusted Net Earnings” means net earnings determined in accordance with GAAP as publicly reported by the Company for a fiscal year, adjusted to eliminate the following: (1) the cumulative effect of changes in GAAP; (2) gains and losses from discontinued operations; (3) extraordinary gains or losses; and (4) any other unusual or nonrecurring gains or losses which are separately identified and quantified, including merger related charges. 

  • Performance Conditions The Shares shall be issuable only if (and to the extent) that the Performance Criteria, set forth herein, are satisfied during the Performance Period. The Controller of the Company and the Compensation Committee of the Board of Directors of the Company shall certify whether, and to what extent, the Performance Criteria have been achieved. If the minimum performance is not met, no Shares shall be issued and the Award shall be forfeited.

  • Performance or Compliance Audits The Department may conduct or have conducted performance and/or compliance audits of the Contractor and subcontractors as determined by the Department. The Department may conduct an audit and review all the Contractor’s and subcontractors’ data and records that directly relate to the Contract. To the extent necessary to verify the Contractor’s fees and claims for payment under the Contract, the Contractor’s agreements or contracts with subcontractors, partners, or agents of the Contractor, pertaining to the Contract, may be inspected by the Department upon fifteen (15) calendar days’ notice, during normal working hours and in accordance with the Contractor’s facility access procedures where facility access is required. Release statements from its subcontractors, partners, or agents are not required for the Department or its designee to conduct compliance and performance audits on any of the Contractor’s contracts relating to this Contract. The Inspector General, in accordance with section 5.6, the State of Florida’s Chief Financial Officer, and the Office of the Auditor General shall also have authority to perform audits and inspections.

  • Performance Requirements A. There is no guaranteed minimum amount of work which will be ordered under this Contract. B. The total Contract amount will not exceed $4,900,000. C. This is a Contract for work specified in individual Job Orders. Work ordered prior to but not completed by the expiration of the Contract period, and any additional work required as a result of unforeseen conditions encountered during construction up to six (6) months after the contract expiration date, will be completed with all provisions of this Contract still in force. Performance time for each Job Order issued under this Contract will be determined in accordance with the Contract. This performance time will be determined and agreed upon by both Parties for each individual Job Order. Contractor must self-perform 20% of the Work under this Contract for ‘A’ and ‘B’ licenses. Contractor must self-perform 75% of the Work under this Contract, unless otherwise approved by the County, for ‘C’ licenses. D. This is an indefinite-quantity Contract for the supplies or services specified and effective for the period stated. Work or performance shall be made only as authorized by Job Orders issued in accordance with the ordering procedures clause. The Contractor agrees to furnish to the County when and if ordered, the supplies or services specified in the Contract up to and including the quantity designated in the Job Orders issued as the maximum designated in the Contract.

  • Performance of Covenants and Satisfaction of Conditions To use its reasonable best efforts to do and perform all things required to be done or performed under this Agreement by the Company prior to each Closing Date and to satisfy all conditions precedent to the delivery of the Firm Stock and the Optional Stock.