Satisfaction of Performance Benchmarks Sample Clauses

Satisfaction of Performance Benchmarks. During the Term of this ENA, the Parties shall, in good faith, work expeditiously on, and diligently pursue to completion, each of the performance benchmarks described on Exhibit D (the “Performance Benchmarks”) in the manner and within the times set forth therein, in addition to any additional Performance Benchmarks mutually agreed upon in writing by the Parties. Developer and City shall reasonably consider during the Term of this ENA, any additional Performance Benchmarks proposed by the other Party that are feasible and do not materially increase the obligations, burdens or risks of a Party. Developer’s compliance with the Performance Benchmarks shall not alter or reduce its obligations to comply with any other provision of this ENA. Any additional Performance Benchmarks agreed on by the Parties shall be documented in writing and shall thereafter be deemed part of and incorporated into the Performance Benchmarks. Any failure of Developer to meet the Performance Benchmarks for reasons beyond its control as reasonably determined by City shall not be a Developer Event of Default (as defined below).
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Satisfaction of Performance Benchmarks. During the Term of this Agreement, all parties shall, in good faith, work expeditiously on, and diligently pursue to completion, the advisory performance benchmarks set forth in the attached Exhibit C (“Performance Benchmarks”) in the manner and in the times set forth therein, and any additional Performance Benchmarks mutually agreed-upon in writing by the parties. Developer, on one hand, and Successor Agency, on the other, shall consider in good faith during the Term of this Agreement, any feasible additional Performance Benchmarks proposed by the other party, provided that a party will not be deemed in bad faith if it rejects an additional Performance Benchmark that materially increases the obligations, burdens or risks of such party. Developer’s compliance with the Performance Benchmarks shall not alter or reduce their respective obligations to comply with any other provision of this Agreement. During the Term of the ENA, any failure of Developer to meet the advisory Performance Benchmarks for reasons beyond their respective control shall not be a Developer Event of Default.
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Satisfaction of Performance Benchmarks. During the Term of this Agreement, all parties shall, in good faith, work expeditiously on, and diligently pursue to completion, the advisory performance benchmarks set forth in the attached Exhibit D (the “Performance Benchmarks”) in the manner and in the times set forth therein, and any additional Performance Benchmarks mutually agreed-upon in writing by the parties. Each of Lead Developer and Affordable Developer, on one hand, and Successor Agency, on the other, shall consider in good faith during the Term of this Agreement, any feasible additional Performance Benchmarks proposed by the other party that do not materially increase the obligations, burdens or risks of a party. Lead Developer and Affordable Developer’s respective compliance with the advisory Performance Benchmarks shall not alter or reduce their respective obligations to comply with any other provision of this Agreement. Any failure of each of Lead Developer or Affordable Developer to meet the advisory Performance Benchmarks for reasons beyond their respective control, as reasonably determined by the Successor Agency, shall not be an Event of Default (as defined below).
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Related to Satisfaction of Performance Benchmarks

  • Covenants of Performance Measurement No interference. Registry Operator shall not interfere with measurement Probes, including any form of preferential treatment of the requests for the monitored services. Registry Operator shall respond to the measurement tests described in this Specification as it would to any other request from an Internet user (for DNS and RDDS) or registrar (for EPP). ICANN testing registrar. Registry Operator agrees that ICANN will have a testing registrar used for purposes of measuring the SLRs described above. Registry Operator agrees to not provide any differentiated treatment for the testing registrar other than no billing of the transactions. ICANN shall not use the registrar for registering domain names (or other registry objects) for itself or others, except for the purposes of verifying contractual compliance with the conditions described in this Agreement. PUBLIC INTEREST COMMITMENTS Registry Operator will use only ICANN accredited registrars that are party to the Registrar Accreditation Agreement approved by the ICANN Board of Directors on 27 June 2013 in registering domain names. A list of such registrars shall be maintained by ICANN on ICANN’s website. (Intentionally omitted. Registry Operator has not included commitments, statements of intent or business plans provided for in its application to ICANN for the TLD.) Registry Operator agrees to perform the following specific public interest commitments, which commitments shall be enforceable by ICANN and through the Public Interest Commitment Dispute Resolution Process established by ICANN (posted at ▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/en/resources/registries/picdrp), which may be revised in immaterial respects by ICANN from time to time (the “PICDRP”). Registry Operator shall comply with the PICDRP. Registry Operator agrees to implement and adhere to any remedies ICANN imposes (which may include any reasonable remedy, including for the avoidance of doubt, the termination of the Registry Agreement pursuant to Section 4.3(e) of the Agreement) following a determination by any PICDRP panel and to be bound by any such determination. Registry Operator will include a provision in its Registry-Registrar Agreement that requires Registrars to include in their Registration Agreements a provision prohibiting Registered Name Holders from distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law, and providing (consistent with applicable law and any related procedures) consequences for such activities including suspension of the domain name. Registry Operator will periodically conduct a technical analysis to assess whether domains in the TLD are being used to perpetrate security threats, such as pharming, phishing, malware, and botnets. Registry Operator will maintain statistical reports on the number of security threats identified and the actions taken as a result of the periodic security checks. Registry Operator will maintain these reports for the term of the Agreement unless a shorter period is required by law or approved by ICANN, and will provide them to ICANN upon request. Registry Operator will operate the TLD in a transparent manner consistent with general principles of openness and non-discrimination by establishing, publishing and adhering to clear registration policies.

  • Timing of Payment of Performance When the payment of any obligation or the performance of any covenant, duty or obligation is stated to be due or performance required on a day which is not a Business Day, the date of such payment (other than as described in the definition of Interest Period) or performance shall extend to the immediately succeeding Business Day.

  • Availability of Performance Order If, and to the extent that, a breach of this contract has been caused by a Relevant Force Majeure Event, the Non-affected Party shall not be entitled to a Performance Order except to secure performance by the Affected Party of its obligations under this Clause 17.

  • Prohibition of Performance Requirements 1. The provisions of the Agreement on Trade-Related Investment Measures in Annex 1A to the WTO Agreement (TRIMs), which are not specifically mentioned in or modified by this Agreement, shall apply, mutatis mutandis, to this Agreement. 2. Member States shall undertake joint assessment on performance requirements no later than 2 years from the date of entry into force of this Agreement. The aim of such assessment shall include reviewing existing performance requirements and considering the need for additional commitments under this Article.

  • Appropriation of Performance Security (i) Upon occurrence of a Contractor’s Default, the Authority shall, without prejudice to its other rights and remedies hereunder or in law, be entitled to encash and appropriate the relevant amounts from the Performance Security as Damages for such Contractor’s Default. (ii) Upon such encashment and appropriation from the Performance Security, the Contractor shall, within 30 (thirty) days thereof, replenish, in case of partial appropriation, to its original level the Performance Security, and in case of appropriation of the entire Performance Security provide a fresh Performance Security, as the case may be, and the Contractor shall, within the time so granted, replenish or furnish fresh Performance Security as aforesaid failing which the Authority shall be entitled to terminate the Agreement in accordance with Article 23. Upon replenishment or furnishing of a fresh Performance Security, as the case may be, as aforesaid, the Contractor shall be entitled to an additional Cure Period of 30 (thirty) days for remedying the Contractor’s Default, and in the event of the Contractor not curing its default within such Cure Period, the Authority shall be entitled to encash and appropriate such Performance Security as Damages, and to terminate this Agreement in accordance with Article 23.