Performance Related Damages Sample Clauses

Performance Related Damages. Vendor understands that if Provisional Acceptance of the Subnetwork is not achieved within sixty (60) days after all Functional Units in the Subnetwork achieve Final Acceptance, Impsat will suffer substantial damages that are impossible to determine as of this date. Therefore, if Provisional Acceptance of the Subnetwork does not occur within such period of time, Impsat shall be entitled to liquidated damages in the amount of $ [ ] per week for each week, up to [ ] weeks, that the actual date of Provisional Acceptance of the Subnetwork exceeds [ ] days; provided, however, that the aggregate amount of liquidated damages payable with respect to all delays under this Section 14.3 plus the liquidated damages payable with respect to all delays under Section 14.1 shall in no event exceed [ ] percent ([ ]%) of the Aggregate Price (minus the portion of the Aggregate Price allocable to Maintenance Services and Operating Services and as further adjusted to reflect Change Orders and Directed Changes). The amount of liquidated damages, if any, under this Section 14.3 shall appear as a credit to Impsat on the invoice for the month in which such liquidated damages are assessed, or if there is no invoice for a given month against which to credit such liquidated damages, Impsat shall invoice Vendor for any such liquidated damages, and Vendor shall pay Impsat such amount within thirty (30) days of such invoice
Sample 1
AutoNDA by SimpleDocs

Related to Performance Related Damages

  • Performance Condition Notwithstanding the vesting schedule stated in the Award Notification, your Restricted Stock Units 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 Warranty Each Party hereby warrants and guarantees the performance of any and all rights and obligations of this Agreement by its Affiliates and Sublicensees.

  • Performance; No Default The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14) no Default or Event of Default shall have occurred and be continuing.

  • Performance; No Event of Default The Borrower shall have performed and complied in all respects with all terms and conditions herein required to be performed or complied with by it prior to or at the time hereof, and there shall exist no Default or Event of Default.

  • Performance of Services The Executive’s employment with the Company shall be subject to the following:

  • Performance Vesting Within sixty (60) days following the completion of the Performance Period, the Plan Administrator shall determine the applicable number of Performance Shares in accordance with the provisions of the Award Notice and Schedule I attached thereto.

  • Performance Excused Continued performance of a Service may be suspended immediately to the extent caused by any event or condition beyond the reasonable control of the Party suspending such performance including, but not limited to, any act of God, fire, labor or trade disturbance, war, civil commotion, compliance in good faith with any law, unavailability of materials or other event or condition whether similar or dissimilar to the foregoing (each, a “Force Majeure Event”).

  • Performance Termination Commencing with the expiration of Fiscal Year 2014, in the event that Adjusted NOI does not equal or exceed the Performance Threshold, then the Tenant shall have the option to terminate this Agreement by providing a ninety (90) day written notice to the Management Company. To terminate this Agreement, Tenant must deliver written notice of such election to Management Company no later than sixty (60) days following Tenant’s receipt of the annual financial reports for such Fiscal Year.

  • Performance Review The Company will periodically review Executive’s performance on no less than an annual basis and will make adjustments to salary or other compensation, as they deem appropriate in their sole and absolute discretion.

Time is Money Join Law Insider Premium to draft better contracts faster.