Performance Standards and Liquidated Damages Sample Clauses

Performance Standards and Liquidated Damages. 1748 A. General. The Parties find that as of the time of the execution of this Agreement, it is 1749 impractical, if not impossible, to reasonably ascertain the extent of damages which shall 1750 be incurred by the RA Members because of a breach by Contractor of its obligations under 1751 this Agreement. The factors relating to the impracticability of ascertaining damages 1752 include, but are not limited to, the fact that: (i) substantial damage results to members of 1753 the public who are denied services or denied quality or reliable service; (ii) such breaches 1754 cause inconvenience, anxiety, frustration, and deprivation of the benefits of the 1755 Agreement to individual members of the general public for whose benefit this Agreement 1756 exists, in subjective ways and in varying degrees of intensity which are incapable of 1757 measurement in precise monetary terms; (iii) that exclusive services might be available at 1758 substantially lower costs than alternative services and the monetary loss resulting from 1759 denial of services or denial of quality or reliable services is impossible to calculate in 1760 precise monetary terms; and, (iv) the termination of this Agreement for such breaches, 1761 and other remedies are, at best, a means of future correction and not remedies which 1762 make the public whole for past breaches. 1763 B. Service Performance Standards; Liquidated Damages for Failure to Meet Standards. The 1764 Parties further acknowledge that consistent, reliable Collection services are of utmost 1765 importance to the RA Members and that the RA Members have considered and relied on 1766 Contractor's representations as to its quality of service commitment in awarding the 1767 Agreement to it. The Parties recognize that some quantified standards of performance are 1768 necessary and appropriate to ensure consistent and reliable service and performance. The 1769 Parties further recognize that if Contractor fails to achieve the performance standards or 1770 fails to submit required documents in a timely manner, RA Members and its residents and 1771 businesses will suffer damages, and that it is, and will be, impractical and extremely 1772 difficult to ascertain and determine the exact amount of damages which the RA Members 1773 will suffer. Therefore, without prejudice to RA Members’ right to treat such 1774 non‐performance as an event of default under this Section, the Parties agree that the 1775 Liquidated Damages amounts established in A...
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Performance Standards and Liquidated Damages. The definitive agreement will provide for performance standards associated with the collection and post-collection services to be provided by Republic. The performance standards will consider both effort (e.g. number of meetings with customers to offer new programs) and results (e.g. tons of material recycled). The Authority recognizes that Republic will have greater control over the effort on certain programs and greater control over the results on others. As such, the performance standards for each program will be established based on Republic’s ability to control the results. The parties agree to establish effort-based performance standards for the weekly recycling and organics collection program and the source separated commercial organics program. The parties agree to establish results-based performance standards for the commercial dry routing and mixed C&D processing programs. The parties agree that the definitive agreement will also include liquidated damages that may be assessed, at the discretion of the Authority and/or Member Agencies, after written notice to Republic and an opportunity for Republic to cure, in the event that Republic: 1) fails to implement a program; 2) fails to perform specified services required under the agreement; 3) performs the specified service under the agreement in a manner inconsistent with the requirements of the agreement, or applicable law; or, 4) fails to achieve the performance standards defined for each program. These liquidated damages shall be in addition to any other remedy the Authority and/or Member Agencies may have, which may include, but are not necessarily limited to: a determination of breach of contract, termination of the agreement, or litigation.
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Performance Standards and Liquidated Damages. To ensure proper performance of this MOU, FACT will monitor, evaluate, and provide guidance to the VENDOR in the performance of this MOU.
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Performance Standards and Liquidated Damages 
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Related to Performance Standards and Liquidated Damages

  • Performance Standards The Contractor agrees to perform all tasks and provide deliverables as set forth in the Contract. The Department and the Customer will be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof.

  • Performance Standard Contractor shall perform all work hereunder in a manner consistent with the level of competency and standard of care normally observed by a person practicing in Contractor's profession. County has relied upon the professional ability and training of Contractor as a material inducement to enter into this Agreement. Contractor hereby agrees to provide all services under this Agreement in accordance with generally accepted professional practices and standards of care, as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of Contractor’s work by County shall not operate as a waiver or release. If County determines that any of Contractor's work is not in accordance with such level of competency and standard of care, County, in its sole discretion, shall have the right to do any or all of the following: (a) require Contractor to meet with County to review the quality of the work and resolve matters of concern; (b) require Contractor to repeat the work at no additional charge until it is satisfactory; (c) terminate this Agreement pursuant to the provisions of Article 4; or (d) pursue any and all other remedies at law or in equity.

  • Performance Schedule The Parties will perform their respective responsibilities in accordance with the Performance Schedule. By executing this Agreement, Customer authorizes Motorola to proceed with contract performance.

  • Service Levels Annex 1 to this Part A of this Call Off Schedule sets out the Service Levels the performance of which the Parties have agreed to measure. The Supplier shall monitor its performance of this Call Off Contract by reference to the relevant performance criteria for achieving the Service Levels shown in Annex 1 to this Part A of this Call Off Schedule (the Service Level Performance Criteria) and shall send the Customer a Performance Monitoring Report detailing the level of service which was achieved in accordance with the provisions of Part B (Performance Monitoring) of this Call Off Schedule. The Supplier shall, at all times, provide the Services in such a manner that the Service Levels Performance Measures are achieved. If the level of performance of the Supplier of any element of the provision by it of the Services during the Call Off Contract Period: is likely to or fails to meet any Service Level Performance Measure or is likely to cause or causes a Critical Service Failure to occur, the Supplier shall immediately notify the Customer in writing and the Customer, in its absolute discretion and without prejudice to any other of its rights howsoever arising including under Clause 12 of this Call Off Contract (Service Levels and Service Credits), may: require the Supplier to immediately take all remedial action that is reasonable to mitigate the impact on the Customer and to rectify or prevent a Service Level Failure or Critical Service Level Failure from taking place or recurring; and if the action taken under paragraph (a) above has not already prevented or remedied the Service Level Failure or Critical Service Level Failure, the Customer shall be entitled to instruct the Supplier to comply with the Rectification Plan Process; or if a Service Level Failure has occurred, deduct from the Call Off Contract Charges the applicable Service Level Credits payable by the Supplier to the Customer in accordance with the calculation formula set out in Annex 1 of this Part A of this Call Off Schedule; or if a Critical Service Level Failure has occurred, exercise its right to Compensation for Critical Service Level Failure in accordance with Clause 13 of this Call Off Contract (Critical Service Level Failure) (including subject, for the avoidance of doubt, the proviso in Clause 13.1.2 of this Call Off Contract in relation to Material Breach). Approval and implementation by the Customer of any Rectification Plan shall not relieve the Supplier of any continuing responsibility to achieve the Service Levels, or remedy any failure to do so, and no estoppels or waiver shall arise from any such Approval and/or implementation by the Customer. SERVICE CREDITS Annex 1 to this Part A of this Call Off Schedule sets out the formula used to calculate a Service Credit payable to the Customer as a result of a Service Level Failure in a given service period which, for the purpose of this Call Off Schedule, shall be a recurrent period of [one Month] during the Call Off Contract Period (the Service Period).

  • Performance Delay Time is of the essence in the Vendor’s performance of this Agreement. If at any time it appears to Vendor that it may not meet any of the performance schedules or the scheduled completion date of the services to be performed for any reason, including labor disputes, Vendor shall immediately by verbal means (to be confirmed in writing) notify Customer of the reasons for and the estimated duration of such delay. If requested by Customer, Vendor shall make every effort to avoid or minimize the delay to the maximum extent possible including the expenditure of premium time. Any additional cost caused by these requirements of Customer shall be borne by Vendor, unless the delay in performance arises out of causes beyond the control and without the fault or negligence of Vendor or its subcontractors within the meaning of the Cancellation- Default clause herein. The foregoing requirements are in addition to any of Customer’s other rights and remedies as may be provided by law or this Agreement.

  • Performance Orders A Performance Order:

  • Performance Warranty Contractor shall warrant all work under this Contract, taking necessary steps and precautions to perform the work to County’s satisfaction. Contractor shall be responsible for the professional quality, technical assurance, timely completion and coordination of all documentation and other goods/services furnished by the Contractor under this Contract. Contractor shall perform all work diligently, carefully, and in a good and workmanlike manner; shall furnish all necessary labor, supervision, machinery, equipment, materials, and supplies, shall at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of County required in its governmental capacity, in connection with performance of the work. If permitted to subcontract, Contractor shall be fully responsible for all work performed by subcontractors.

  • Performance Requirements 1. Neither Party may impose or enforce any of the following requirements, or enforce any commitment or undertaking, in connection with the establishment, acquisition, expansion, management, conduct or operation of an investment of an investor of a Party or of a non-Party in its territory:

  • Performance Levels (a) The Performance Levels which apply to the performance by the respective Parties of their obligations under this Agreement are set out in Part 1 of Schedule 5. A failure by either Party to achieve the relevant Performance Level will not constitute a breach of this Agreement and the only consequences of such failure as between the Parties shall be the consequences set out in this Clause 5.6.

  • System for Award Management (XXX) Requirement Alongside a signed copy of this Agreement, Grantee will provide Florida Housing with a XXX.xxx proof of registration and Commercial and Government Entity (CAGE) number. Grantee will continue to maintain an active XXX registration with current information at all times during which it has an active award under this Agreement.

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