Subjective Factors. The maximum bonus or liquidated damages capable of being earned by or assessed against Operator in the Subjective Factors category of the AFAA in any Project Year shall be Thirty-One Thousand Two Hundred Fifty and 00/100 Dollars ($31,250.00). The Subjective Factors category of the AFAA depends solely upon Owner's subjective evaluation of Operator's overall performance of its obligations and services rendered hereunder. Subject to Owner's sole and complete discretion, Owner shall evaluate Operator's performance with respect to various qualitative factors, which, for illustrative purposes only and not by way of limitation, may include: frequency of insurance claims and increases in related insurance costs, community and public relations, compliance with permits and easements, safety and environmental records, turn-over of personnel, development of apprentice programs, personnel management relevant to Urban Enterprise Zone criteria, timeliness of response to and handling of events of Force Majeure, working relationship with Owner and Lender, professionalism, profitability of the Facility and overall handling and care of the Facility. Periodically but no more often than every three (3) months during each Project Year, Owner shall deliver to Operator a list of the various qualitative factors to be used by Owner in its subjective evaluation of Operator's performance for the remainder of such Project Year. Based on Owner's subjective evaluation of Operator's performance during a Project Year, Owner shall, in Owner's sole and complete discretion, either award Operator a bonus of up to Thirty-One Thousand Two Hundred Fifty and 00/100 Dollars ($31,250.00) or assess Operator liquidated damages of up to Thirty-One Thousand Two Hundred Fifty and 00/100 Dollars ($31,250.00) under the Subjective Factors category of the AFAA for such Project Year.
Subjective Factors. The factors which have direct impact to air travelers and can be decided by air travelers are categorized as subjective factors. The segmentation of subjective factors is listed below: Air travelers’ characteristics: Air travelers’ gender, age, education background, occupation and income can directly influence the air travelers’ behavior. For example, high income groups are less elastic to ticket fare, instead, income in relatively low groups are more elastic to ticket fare. Travel purpose: Air travelers may have different travel behavior depend on different travel purpose. Even same air traveler’ can have different travel behavior for different travel purposes. Psychological factors of air travelers: Since different air travelers have different psychological characteristics, air travelers may have different travel behavior. Economist travelers prefer to low cost aviation products, for the travelers who have showing off personal psychology, they may choose well-known airline or first class cabins to denote status.
Subjective Factors. The Subjective Factors shall include: (a) resident/family satisfaction; (b) program director retention; (c) succession planning; (d) regulatory compliance; (e) innovation in services, products and procedures and such other factors as Executive and the President and Chief Executive Officer shall agree upon. Specific goals for the year-end assessment of these factors ("STANDARDS OF PERFORMANCE") will be proposed by Executive not later than January 10, 2001, for review and appraisal of the President and Chief Executive Officer. Executive's monthly management report shall highlight progress or problems encountered in their pursuit. The determination of Executive's achievement of the Subjective Factors shall be made at the discretion of the President and Chief Executive Officer based upon his assessment of Executive's accomplishments regarding these Factors. In performing this review, the President and Chief Executive Officer will include Executive's self-appraisal of Executive's performance as communicated in the regular monthly management reports and a year-end report which shall be due by January 30, 2002. Exhibit 10.23 EXHIBIT "B" FORM OF SEPARATION AGREEMENT AND RELEASE This Separation Agreement and Release ("AGREEMENT") is made and entered into as of this _____ day of ______________, ______, by and between Assisted Living Concepts, Inc. and one or more of its Affiliates (collectively, "COMPANY"), and ______________________ ("EMPLOYEE") in order to provide the terms and conditions of Employee's termination of employment, to fully and completely resolve any and all issues that Employee may have in connection with Employee's employment with Company or the termination of that employment, and to promote an amicable long-term relationship between Company and Employee. In consideration of the mutual promises and conditions contained herein, the parties agree as follows:
