SUPPLIER’S PERFORMANCE Sample Clauses

SUPPLIER’S PERFORMANCE. EMBARQ and SYNACOR Master Services Agreement EMBARQ AND SYNACOR CONFIDENTIAL INFORMATION — RESTRICTED 8 of 37 Supplier will perform the Services and provide Deliverables in accordance with this Agreement and the applicable Order, including but not limited to all specified time requirements. Embarq may inspect Supplier’s performance; however, Embarq’s inspection (or lack of inspection) will not be an acceptance of Services or Deliverables, a waiver of any right or warranty, or preclude Embarq from rejecting non-conforming Services or Deliverables in accordance with any acceptance terms and criteria set forth in an applicable Order.

SUPPLIER’S PERFORMANCE. 5.1 The Suppliers shall perform all Call-Off Contracts entered into under this DPS Framework Agreement by the Authority and/or any other Participating Authority in accordance with: 5.1.1 the requirements of this DPS Framework Agreement; 5.1.2 the provisions of the respective Call-Off Contracts; 5.1.3 the provisions of the Catalogue Agreement; 5.1.4 all Policies provided to the Suppliers or to which access is given to Suppliers by the Authority pursuant to Clause 7.1 of this Schedule 2; and 5.1.5 all policies provided to the Suppliers or to which access is given to Suppliers by any relevant Participating Authority pursuant to Clause 10.2 of Schedule 2 of the Call-Off Terms and Conditions of the relevant Call-Off Contract.

SUPPLIER’S PERFORMANCE. 7.1 The Supplier shall monitor its performance of the Services and, within 5 Working Days of the end of each month, shall send the Authority a report (the "Performance Monitoring Report") summarising the Supplier's performance over the previous month. 7.2 The Performance Monitoring Report shall be in such format as agreed between the Parties from time to time and contain, as a minimum, the following information: (a) a summary of all Performance Failures that occurred during the previous month; (b) which Performance Failures remain outstanding and progress in resolving them; (c) the status of any outstanding Rectification Plan processes, including: (i) whether or not a Rectification Plan has been agreed; and (ii) where a Rectification Plan has been agreed, a summary of the Supplier’s progress in implementing that Rectification Plan; (d) the conduct and performance of any agreed periodic tests that have occurred, such as the annual failover test of the BCDR Plan; (e) relevant particulars of any aspects of the Supplier’s performance which fail to meet the requirements of this Agreement; (f) such other details as the Authority may reasonably require from time to time; (g) performance against its obligation to pay its Sub-contractors within 30 days of receipt of an undisputed invoice; and (h) Milestone trend chart, showing performance of the overall programme. 7.3 The Performance Monitoring Report shall be reviewed and their contents agreed by the Parties at the next Performance Review Meeting held in accordance with Clause 7.4. 7.4 The Parties shall attend meetings on a monthly basis (unless otherwise agreed) to review the Performance Monitoring Reports (the "Performance Review Meetings"). The Performance Review Meetings shall (unless otherwise agreed): (a) take place within 5 Working Days of the Performance Monitoring Report being issued by the Supplier; (b) take place at such location and time (within normal business hours) as the Authority shall reasonably require (unless otherwise agreed in advance); and (c) be attended by the Supplier Representative and the Authority Representative. 7.5 The Supplier shall keep appropriate documents and records (including help desk records, staff records, timesheets, training programmes, staff training records, supplier accreditation records, complaints received, etc.) in relation to the Services being delivered. The records and documents of the Supplier shall be available for inspection by the Authority and/or its nominee...

SUPPLIER’S PERFORMANCE. 3.1 Delivery dates and quantities shall apply as set out in the Purchase Order or as otherwise stipulated by BMW. The Supplier acknowledges that delivery times and quantities are of the essence and BMW may reject and/or return at the Supplier’s expense any Goods and/or Services or part thereof received before or after the delivery date or in excess of the quantity specified in the Purchase Order. 3.2 The Supplier agrees to take all actions necessary and appropriate to ensure that Goods and/or Services are received by BMW as required under the Agreement. The Supplier will inform BMW promptly of any occurrence, which will or may result in any delay of delivery at any time or which will or may result in the Supplier`s inability to supply the quantities specified in the Purchase Order. The Supplier shall also advise BMW in writing of corrective measures which the Supplier is taking to minimize the effect of such occurrence. 3.3 Except for excusable delay (hereinafter, “Excusable Delay”) as set forth in Clause 29 below in the event that the Supplier fails for any reason whatsoever to effect delivery consistent with the delivery dates specified in the Purchase Order, BMW shall be entitled to recover from the Supplier all actual, consequential and incidental losses and damages including, but not limited to, losses and damages relating to and arising out of incremental cost of labour, transportation, production changes and storage. 3.4 Each of the parties shall appoint in writing a project manager, where required, who is responsible for planning, coordinating and/or monitoring the Supplier’s performance. Upon BMW’s request the Supplier’s project manager shall inform BMW’s project manager as to the status of performance. 3.5 The Supplier shall verify all the information provided to it by BMW and shall ensure that it has a thorough understanding of what it is providing in terms of Goods and/or Services and carries out all necessary due diligence required to enable it to fully perform the provision of Goods and/or Services, and bears full responsibility for such actions. 3.6 The Supplier acknowledges that third parties engaged by BMW on planning and/or monitoring tasks are not authorised to represent BMW. In particular they shall not be authorised to extend delivery dates or to approve invoices, day rates or quantity surveys.

SUPPLIER’S PERFORMANCE. 6.1 Supplier shall provide, pay for and use in the performance of the Work, all labor, materials, goods, consumables, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services, except those provided by Purchaser, for proper and timely execution and completion of the Work as provided for in the Contract. 6.2 No later than the fifth day of each month, Supplier shall report to the respective Site Industrial Safety Manager the total person-hours performed by the Supplier and its Subcontractors at the plant site during the previous month.

SUPPLIER’S PERFORMANCE. All necessary LABOR, MATERIALS, SERVICES, GOODS and EQUIPMENT that the SUPPLIER requires to execute the PO shall be supplied by SUPPLIER, unless otherwise agreed to in writing. If SUPPLIER shall enter the property of ENTHALPY’s customer, SUPPLIER agrees to comply with all requirements of ENTHALPY’s customer in addition to this AGREEMENT and the PO. SUPPLIER may only subcontract its performance under the PO by first obtaining ENTHALPY’s prior written consent.

SUPPLIER’S PERFORMANCE. The evaluation of the Supplier's performance is carried out by PRO on a monthly basis assigning a maximum score of 100 points and takes into consideration - quality level (RPPM, complaints) - logistics - level of service - competitiveness Suppliers are then ranked according to the overall score by assigning them a supply class according to the following table: Class A Between 75 and 100 Supplier with excellent performance Class B Between 60 and 74 Supplier with sufficient performance Class C Between 46 and 59 Supplier with insufficient performance Class D <45 Supplier with severely insufficient performance As a result of the performance evaluation, PRO periodically sends to the Supplier a communication regarding the class of supply assigned. Upon receipt, if the supplier finds any inaccuracies, they may request correction by notifying the Procurement Office in writing of the reasons for the inaccuracies. In case of negative performance PRO will immediately inform the Supplier, and an action plan and/or specific sanctions will be requested of them.

SUPPLIER’S PERFORMANCE. 4.1. The Supplier is authorized to perform the processing services indicated in Annex B of this Agreement. 4.2. The purposes of the processing pursued by the Supplier consist of the execution of the Contract, stipulated so that the End-users can use the services of Servitly through a cloud platform (held by the Supplier). 4.3. The Supplier can not be held liable for the treatments, their purposes, and modalities carried out directly by the Data Controller (whether it is the Customer or another subject). 4.4. The content of the privacy policy and the need to indicate the methods of collecting consent shall be borne by the Data Controller (whether it is the Customer or another subject). In the event that the Supplier should have the task to provide for a user registration form, and therefore to collect Personal Data, the Data Controller (with the intermediation of the Customer or the Partner, where appropriate) will have to provide the texts and procedures to the Supplier. 4.5. It is not part of the tasks required to the Supplier to verify or go into the substance of the activities performed by the Data Controller, the Customer, and/or the Partner. Notwithstanding the above, it is understood that, where these activities prove to be illicit or contrary to security or public order, the Supplier is deemed to be free, as of now and without prior notice, to interrupt any processing and any service, without prejudice to the provision of the judicial authority.

SUPPLIER’S PERFORMANCE of Services that involve the collection, storage, handling, or disposal of AT&T confidential Information;