Performance Penalties. 21. No performance penalties will be charged or be payable if the Provider does not perform the Services within the time frame provided by this Agreement.
Performance Penalties. 11. No performance penalty will be charged if the Contractor does not perform the Services within the time frame provided by this Agreement.
Performance Penalties. The full Successful Performance Test Payment amount shall only be due and payable by BUYER to UTCP upon the occurrence of a Successful Performance Test. In the event that Facility performance is below the Contract Performance Benchmark, or the Adjusted Performance Benchmark, as applicable, the Successful Performance Test Payment shall be reduced in accordance with the performance penalty schedule attached hereto as Exhibit F (the “Performance Penalties”). The Parties agree that if a Performance Test has not occurred within one-hundred and eighty (180) days following the Guaranteed Mechanical Completion Date, the entire Successful Performance Test Payment shall be forfeited by UTCP.
Performance Penalties. Provider acknowledges and agrees that under the Agreement, Plan has the right to impose any of the performance penalties set forth herein singly or in any combination: De-delegation. If Health Plan has delegated function(s) or activity(s) under this Agreement, Health Plan may de-delegate a function assigned to Provider that has led to an administrative, financial, and/or other issue which does, or threatens to, seriously and adversely impact Member care or access to care. In addition to de-delegating a function, Health Plan shall reduce Provider’s payment based upon an agreed upon dollar amount associated with Health Plan’s costs to perform the previously delegated function; Withhold Capitation: Health Plan may withhold a portion of capitation payment based upon Health Plan's reasonable analysis of the impact of the cost associated with the impact of the performance deficiency or issue, including but not limited to costs incurred to mitigate the impact of the performance deficiency or issue. Any such capitation withhold, or portion thereof, may be restored to Provider upon Health Plan's determination of satisfactory correction of the performance deficiency or issue (with any interest on such withholding retained by Health Plan);
Performance Penalties. HCD reserves the right to withhold ten percent of Contractor payment amount if any of the performance milestones listed above is not reached. Such retained amount shall be withheld until Contractor documents to the satisfaction of HCD that they have come into compliance with the above performance measures. Contractor shall be excused from the performance obligations of Section K.1) above to the extent that Contractor’s non- compliance is as the result of HCD failure to perform under this Agreement and such failure prevented contractor from timely satisfying the applicable performance milestone. HCD will use reasonable efforts to ensure subgrantees and their subrecipients and contractors cooperate with Contractor in providing TA and capacity building.
Performance Penalties. If the Cleaning Services Provider does not perform the Services within the time frame provided by this Agreement, a performance penalty will be charged as follows: The compensation owing under this Agreement will be reduced by $55.00 for each week that cleaning is not completed without prior notice and approval.
Performance Penalties. Upon two (2) business days after the Execution Date, Xxxxxx Xxxx shall pay to Aurora Coop by wire transfer all penalties accrued under Section 10.2 of the MDA through and including the Effective Date and all penalties under Section 10.2 of the MDA that will accrue during the period commencing on the Effective Date through September 30, 2010.
Performance Penalties. No performance penalty will be charged if the Shandam does not perform the Services within the time frame provided by this Contract.
Performance Penalties. 5.1.If XXXX fails to deliver the loop in time specified in section 2.4.2.1 of this Attachment, XXXX shall waive the Service Order charges outlined in section 3 of Attachment 1 for provisioning that customer loop. If the loop is still not delivered by four Business Days after the date specified in section 2.4.2.1 of this Attachment (i.e. 8 Business Days after it was ordered), XXXX will credit Covad the equivalent of one month’s charge for the loop in question as stated in section 3 of Attachment 1. For each Business Day that the loop is not provisioned thereafter, XXXX will credit Covad an additional month of the monthly loopcharge.
Performance Penalties. The question of what penalties or other action might be appropriate in any situation where APC believes, based on a statistically significant number of reports described above, that Xxxx Atlantic is not complying with the performance standards referenced in subsection 21.1 above shall be resolved, in the first instance, through negotiations between the Parties and, failing successful negotiations, through the complaint processes of the Commission, the FCC, or a court of competent jurisdiction. BA agrees to join APC in encouraging the Commission to develop expedited procedures for the resolution of any performance-related complaints.
