Common use of Performance Requirement Clause in Contracts

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 liable for liquidated damages for failure to meet System Availability requirements. Performance Requirement- See Contract Section 4.1. Liquidated Damages Failure to comply with Contract Section 4.1 will result in assessment of liquidated damages as determined by the Agency’s Authorized representative, up to a maximum of _____ dollars ($___) per occurrence, taking into consideration the person's role and the expected impact on the System development schedule or ongoing operations.

Performance Requirement. Upon completion of the Implementation Task, the System Solution must meet the System 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 Solution 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 Solution 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 Solution fails to meet both System Availability requirements and System Response Time requirements, Contractor will only be liable for liquidated damages for failure to meet System Availability requirements. Performance Requirement- See Contract Section 4.1. Liquidated Damages Failure to comply with Contract Section 4.1 will result in assessment of liquidated damages as determined by the Agency’s Authorized representative, up to a maximum of _____ dollars ($___) per occurrence, taking into consideration the person's role and the expected impact on the System Solution development schedule or ongoing operations.