Performance Parameters. The Performance Parameters are based on the comparison of the TSR (as defined below) of the Company relative to the median TSR of the Peer Group (as defined below) during the Performance Period and are equal to 100% plus or minus two times the difference between the Company’s TSR and the median Peer Group TSR. The number of Performance RSUs that shall vest shall be equal to a number of Performance RSUs that is between 0% and 200% of the Initial Grant Number, up to a maximum of 100% of the Initial Grant Number if the Company’s TSR is negative. Attainment among Performance Parameters is subject to interpolation on a linear basis.
Performance Parameters. 3.2.1. Declared rated speed(s) (rpm): 3.2.1.1. Fuel delivery/stroke (mm3) for diesel engine, fuel flow (g/h) for other engines, at rated net power:
Performance Parameters. 3.2.1. Declared rated speed(s) (rpm):
Performance Parameters. CME shall provide the CME Services in accordance with and subject to the performance standards (the “Performance Standards”) set forth in Part II of Exhibit A.
Performance Parameters. To the extent that performance parameters or specifications are established in this Agreement, Medco shall perform its obligations in accordance with those parameters and specifications. To the extent that specific performance parameters are not specifically enumerated in this Agreement, Medco shall use reasonable commercial efforts to provide the eHealth Data Services in the same manner, and with at least the same level of diligence, as Medco has used in the provision of similar services to Merck in the 12 months prior to the Effective Date.
Performance Parameters. To the extent that performance parameters or specifications are established in this Agreement, Medco shall perform its obligations in accordance with those parameters and specifications. To the extent that specific performance parameters are not specifically enumerated in this Agreement, Medco shall use reasonable commercial efforts to provide the POC Deliverables.
Performance Parameters. The Performance Parameters are based on the attainment of the Operating Profit Goals established for each of the Performance Measurement Periods and the Minimum Profit Margin for each of the Performance Measurement Periods. The attainment level, ranging from 0% to 200%, of the Operating Profit Goal applicable to each Performance Measurement Period shall be measured separately on each corresponding Determination Date and weighted equally. For the avoidance of doubt, a 0% attainment level shall be applied to a Performance Measurement Period if the Minimum Profit Margin with respect to the corresponding Performance Measurement Period has not been attained. The number of Performance RSUs that shall vest shall be equal to a number of Performance RSUs that is between 0% and 200% of the Initial Grant Number. Attainment among the Operation Profit Goal attainment levels is subject to interpolation on a linear basis.
Performance Parameters. The Performance Parameters are based on the attainment of the Revenue Goal established for each of the Performance Measurement Periods. The attainment level, ranging from 0% to 200%, of the Revenue Goal applicable to each Performance Measurement Period shall be measured separately on each corresponding Determination Date and weighted equally. The number of Performance RSUs that shall vest shall be equal to a number of Performance RSUs that is between 0% and 200% of the Initial Grant Number. Attainment among the Revenue Goal attainment levels is subject to interpolation on a linear basis.
Performance Parameters. For the purpose of assessing the performance of CME Systems, the minimum “Performance Standards” to be achieved by CME Systems, with respect to the “Performance Measures,” each calendar week following the Launch Date are: Performance Measure Minimum Performance Standard [***Redacted***] [***Redacted***] [***Redacted***] [***Redacted***] [***Redacted***] [***Redacted***] [***Redacted***] [***Redacted***] [***Redacted***] [***Redacted***] [***Redacted***] [***Redacted***] [***Redacted***] [***Redacted***] [***Redacted***] [***Redacted***] [***Redacted***] [***Redacted***] Portions of this exhibit have been omitted pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. The omissions have been indicated by “[***Redacted***]”, and the omitted text has been filed separately with the Securities and Exchange Commission. Performance Measure Definition [***Redacted***] [***Redacted***] [***Redacted***] [***Redacted***] [***Redacted***] [***Redacted***] [***Redacted***] [***Redacted***] [***Redacted***] [***Redacted***] [***Redacted***] [***Redacted***] [***Redacted***] [***Redacted***] [***Redacted***] [***Redacted***] [***Redacted***] [***Redacted***] The Performance Measures calculated on a daily basis. Availability measures will be calculated on a monthly basis. On a [***Redacted***] basis or as otherwise agreed to between the parties, CME will provide to NYMEX a confidential written report of the Performance Measures calculated by CME. Such report will be in a format agreed upon by the parties. Portions of this exhibit have been omitted pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. The omissions have been indicated by “[***Redacted***]”, and the omitted text has been filed separately with the Securities and Exchange Commission. EXHIBIT B FEES
Performance Parameters. Merck. Subject to Sections 2.2, 2.3, 2.4, 2.5, 4.4 and Article X and the other terms and conditions of this Agreement, Merck shall perform its obligations hereunder in accordance with the Merck performance parameters for each Service set forth on the applicable Transition Service Schedule. Where no Merck performance parameters are set forth, Merck shall use reasonable efforts to provide Services in accordance with its policies, procedures and practices in effect with respect thereto and shall exercise the same care and skill as it exercises in performing similar services for itself.
