Performance Requirement Clause Samples

Performance Requirement. The Performance RSUs shall, so long as the Participant remains employed with the Company or its Subsidiaries through the end of the Performance Period (or except as otherwise provided in Section 2(a)(i) above), become vested, earned and no longer subject to forfeiture in such number of Performance RSUs as shall be determined as set forth on Exhibit A hereto. Whether and to what extent the Performance RSUs shall become vested and earned shall be determined at a meeting of the Committee (such meeting date, the “Performance Vesting Date”) as soon as practicable following the end of the Performance Period pursuant to a certification by the Committee of the Company’s achievement, if any, of the applicable performance goals set forth on Exhibit A hereto.

Performance Requirement. Neither Contracting Party shall in its territory impose mandatory measures on investments by investors of the other Contracting Party, concerning the purchase of materials, means of production, operation, transport, marketing of its products or similar orders having unreasonable or discriminatory effects. This paragraph shall not apply to measures taken in accordance with the laws and regulations in the course of government procurement of goods and services at any level of the government of the Contracting Party.

Performance Requirement. Except as otherwise provided by Section 3, Section 5 or the Participant’s Award Communication, the vesting of a Participant’s Option is subject to and conditioned upon the Company achieving [ ] over the period beginning [ ] and ending on [ ].

Performance Requirement. Except as otherwise provided by Section 2 or Section 4, or by the Participant’s Award Communication for an Award granted in a special situation (such as a grant to a newly hired or promoted Participant), the vesting of a Participant’s Award is subject to and conditioned upon: (i) the Company achieving at least the threshold level of performance under the Performance Requirement for the Performance Period, each as set forth on Schedule A, (ii) the Committee certifying the level of performance achieved under the Performance Requirement for the Performance Period and determining the RSU Payout Percentage pursuant to Schedule A based on such certified level of performance achieved, (iii) the Committee determining the number of shares eligible for vesting (the “Earned Shares”) based on the RSU Payout Percentage, and (iv) the Committee approving the vesting and payment of the Earned Shares. (For the avoidance of doubt, the number of Earned Shares under a Participant’s Award may exceed the Award’s Number of Shares in the event of above-target performance.) This performance requirement is intended to qualify the Award for the “performance-based” compensation exception to Section 162(m) of the Code, and it shall be administered, interpreted and applied consistent with such intent. Notwithstanding any other provision of this Agreement, if the requirements of this Section 1(c) are not satisfied, then except as otherwise provided by Section 2 or Section 4, the Participant’s Award will be forfeited.

Performance Requirement. The failure of the State to insist upon strict performance by the Subrecipient of any provision or covenant in this Agreement, in any one or more instances, may not be considered as a waiver or relinquishment of the provision or covenant for the future. The waiver by the State of any provision or covenant in this Agreement cannot be enforced or relied upon by the Subrecipient unless the waiver is in writing and signed on behalf of the State.

Performance Requirement. The Contractor-provided Project Facility must be fully functional and capable of being occupied by the Project Team within 135 (one hundred thirty five) Calendar Days of the Effective Date. “

Performance Requirement. F.N.B.’s relative return on average tangible common equity (“ROATCE”), as calculated under Section 3(c)(i) herein, during the four year period beginning on January 1, 2010, and ending on December 31, 2013 (the “Performance Period”), is greater than or equal to the 25th percentile of the peer financial institutions’ (identified in Schedule 1 attached hereto and hereinafter referred to as the “Peer Financial Institutions”) ROATCE during the Performance Period as approved by the Committee on March 17, 2010 (“ROATCE Performance Goal”).

Performance Requirement. Upon completion of the Implementation Task, the System must meet the System response time requirements defined in the Task __Technical Services Requirements. Liquidated Damages Information for calculating the daily average response time will be reported on a frequency agreed upon by Agency, and calculated by dividing the total daily end-user response time by the daily quantity of end-user transactions, excluding the response time and quantity of transactions for the 2% of the transactions that are the slowest. If the System does not average 2 seconds or less response time on a given Calendar Day, Agency will notify Contractor of the need to cure, and Contractor shall correct the problem within seven (7) Calendar Days, unless given an extension by Agency. Contractor shall submit daily reports to Agency for average response times, from the date of Agency’s cure notice until further notice by Agency. For each Calendar Day following the expiration of the cure period that the System does not meet the response time requirements, and until the average response time requirement is met for a period of 5 (five) consecutive Business Days (“correction”), Contractor will be assessed as liquidated damages the dollar amounts outlined in the table below. The assessed amount will be dependent on the number of times liquidated damages have already been assessed (Nbr of Times LD AssessedZ) for failure to meet the response time requirements and the average response time measured on that day. Average Response Time Nbr of Times LD AssessedZ Greater Than 2 Seconds but Less Than 3 Seconds 3-6 Seconds Greater Than 6 Seconds 1 – 3 $____ $____ $____ 4 – 6 $____ $____ $____ Greater Than 6 $____ $____ $____ Z This is the cumulative number of times that liquidated damages have been assessed Contractor for not meeting the response time requirements. After each “correction,” and using the process outlined above, liquidated damages for not meeting response time requirements may be assessed again (after the notice and cure period as outlined above), if subsequent failures to meet response time requirements occur. Each time liquidated damages are assessed, 1 is added to the “Nbr of Times LD Assessed.” The cumulative “Nbr of Times LD Assessed” does not get reset to 0. These liquidated damages related to System Response Time will not exceed _____ dollars ($___). If the System fails to meet both System Availability requirements and System Response Time requirements, Contractor will only be lia...

Performance Requirement. The Performance Requirement for the Performance Period for the Relative TSR PSUs is based on the Company’s Relative TSR, which is the rank (by percentile) of the TSR of the Company relative to the TSR of the companies in the Peer Group, in each case, for the Performance Period, equal to the product of (i) the quotient of (a) the numeric rank of Company’s TSR relative to the Peer Group, where the lowest TSR in the Peer Group is ranked number 1, and (b) the total number of companies in the Peer Group plus 1, rounded to the nearest hundredth, and (ii) 100. All determinations under this Section 3 shall be made by the Committee or its permissible delegate. Definitions applicable to the term “Relative TSR” are set forth below: