Excused Performance definition

Excused Performance means the situation where there is a Service Failure but the Contractor demonstrates to the Authority that such failure was directly attributable to one of the circumstances specified in clauses 8.5.1 and 8.5.2
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Excused Performance means the situation where there is a Service Level Failure but the Contractor demonstrates to the Commission that such failure was directly attributable to one of the circumstances specified in paragraph 6 of Schedule A6 (Service Levels);
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Excused Performance means any suspension, delay or failure in the Foundation's performance of its duties and obligations pursuant to Article V or Article VI (other than Section 6.9) of this Agreement by reason of the occurrence of any one or more of the following conditions or events: (a) Force Majeure; (b) subsurface conditions relating to the Project Site; (c) the presence of Hazardous Materials on the Project Site or the actual or alleged violation or required compliance with any Environmental Law which is not caused by the Foundation; or (d) acts of or a failure to act or undue delays by the Industrial Board or the Foundation. In the event that the Foundation desires to assert an Excused Performance as the reason for any suspension, delay or failure in performing any obligation or agreement under Article V or Article VI of this Agreement, the Foundation shall notify the other parties hereto of such Excused Performance and set forth in such notice the Foundation's good faith estimate of the number of days of Excused Performance expected to result therefrom, and shall advise the other parties hereto of any change in such estimate. Any Excused Performance shall be deemed to commence on the day that the event causing such Excused Performance first adversely affects performance of the Foundation's obligations.
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Examples of Excused Performance in a sentence

  • Excused Performance: No party shall be liable for failure to perform or delay in performing all or any part of its obligations under this Agreement (other than payment obligations) to the extent that they are unable to perform directly or indirectly due to any cause or circumstance beyond the reasonable control of such party, including without limitation an act of war, war, terrorism, strike or other labor dispute, an act of God, fire, flood, storms, earthquake, or similar event (“Force Majeure”).

  • If either party refuses, fails or is unable to perform or observe any of the terms or conditions of this Agreement for any reason other than for Excused Performance as set forth in this Agreement, the party claiming such deficiency shall provide the breaching party written notice of any such breach.

  • If Concessionaire and Contractor are unable in good faith to agree that an Excused Performance Event has occurred, either Party may submit the dispute to dispute resolution under Article 19; provided, however, that the burden of proof as to whether an Excused Performance Event has occurred and whether the Excused Performance Event excuses the Party from performance under Section 11.1 shall be upon the Party claiming such Excused Performance Event.

  • For the avoidance of doubt, failure of VITA, Customers, or third-party contractors of VITA or Customers to perform tasks, actions and responsibilities expressly assigned to it under this Agreement and upon which an obligation or responsibility of Supplier is dependent shall not be deemed a contractual breach for which remedy, other than the relief provided in this Section 1.13 (Supplier Excused Performance) is available.

  • It is also understood that Contractor shall take all reasonable actions necessary to mitigate the effects of such Excused Performance Events to the extent practical.

  • Any remedy provided in this Exhibit 2 for Contractor’s failure to achieve a Service Level, including Service Level credits, shall be the State’s sole and exclusive remedy for such failure and shall be further subject to the provisions, limitation and exclusions set forth in Section 8 (Service Level Credit Methodology), Section 8a (At Risk Amount), and Section 8b (Excused Performance) of this Exhibit 2.

  • The Supplier acknowledges and agrees that the circumstances described in this Section 1.13 (Supplier Excused Performance), together with Section 21.3 (Force Majeure), are the only circumstances in which its failure to perform its obligations under this Agreement shall be excused and that Supplier shall not assert any other act or omission of VITA or other Customer as excusing any such failure on Supplier’s part.

  • If Contractor desires to initiate a Scope Change because of an Excused Performance Event or otherwise, Contractor shall, within seven (7) Business Days after first becoming aware (or should have been aware, using all reasonable due diligence) that a Scope Change may be necessary, provide notice thereof to Concessionaire.

  • It was never proposed to provide detailedcommercially sensitive breakdowns but purely to provide an overview of direct costs involved.

  • Notwithstanding the cause of any Excused Performance, the Contractor shall use all reasonable endeavours and take all reasonable steps within its control to mitigate the impact to the Authority of any Services failing to achieve the Service Levels.


More Definitions of Excused Performance

Excused Performance. Section 1.1(v) "Firm Consumption Market"; Section 1.1(w) "Firm Direct Sale"; Section 1.1(ff) "Maximum Daily Quantity" or "MDQ"; Section 1.1(gg) "Minimum Quarterly Quantity"; Section 1.1(hh) "Minimum Take Deficiency"; Section 1.1(mm) "Non-Excused Performance"; Section 1.1(kk) "New Base Price"; Section 1.1(oo)(i), (ii) and (iii) "Offset Demand Charges"; Section 1.1(pp) "Performance Calculation"; Section 1.1(uu) "Replacement Gas Supply"; Section 1.1(yy) "Spare Capacity"; Section 1.1(ddd) "Total Usage"; Section 1.1(eee) "Transportation Charge"; Section 1.1(fff) "Unit Cost Difference"; and Section 1.1(ggg)(i), (ii), (iii), (iv) and (v) "Unpurchased Gas".
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Related to Excused Performance

  • Basket Performance means a decimal number calculated by applying the following formula: X ⎛ Underlyingi,FINAL ⎞⎜⎟BP = ∑⎜ Wi × Underlying ⎟i=1 ⎝i,INITIAL ⎠ where: BP = Basket Performance X = 2 Wi = Weighting of the relevant Underlying Underlying i,FINAL Underlying i,INITIAL= Reference Price of the relevant Underlying with respect to the Valuation Date = Initial Price of the relevant Underlying

  • Index Performance means, in relation to an Index and an Auto-Call Valuation Date or the Valuation Date, as the case may be, a percentage calculated by the Calculation Agent in respect of such date in accordance with the following formula: Index Performance =Final Index Level × 100% Initial Index Level

  • Total Performance means the date of the City’s acceptance of the Work in writing as fully performed according to the Contract Documents; and

  • human performance means human capabilities and limitations which have an impact on the safety and efficiency of aeronautical operations;

  • Unsatisfactory Performance means any of the following:

  • Substantial Performance means the stage of completion when:(a) all Work, as certified by the Contract Administrator, is capable of completion or correction at a cost of not more than:

  • Sexually explicit performance means a live or public act or show intended to arouse or satisfy the sexual desires or appeal to the prurient interest of patrons.

  • Underlying Performance means in relation to the Valuation Date a decimal number calculated by applying the following formula: UP =Underlying FINAL Underlying INITIAL where: UP = Underlying Performance with respect to the Valuation Date UnderlyingFINAL UnderlyingINITIAL= Reference Price of the Underlying with respect to the Valuation Date = Initial Price of the Underlying

  • Environmental Performance means all or any of the following: the consumption of energy and associated generation of greenhouse gas emissions; the consumption of water; waste generation and management; and any other environmental impact arising from the use or operation of the Premises or the Estate;

  • Energy Performance Score means the numeric rating generated by Portfolio Manager that compares the Energy usage of the building to that of similar buildings.

  • Extreme performance coating means coatings designed for harsh exposure or extreme environmental conditions.

  • Capacity Performance Resource means a Capacity Resource as described in Tariff, Attachment DD, section 5.5A(a).

  • Control Performance Standard or “CPS” shall mean the reliability standard that sets the limits of a Balancing Authority’s Area Control Error over a specified time period.

  • Non-Performing Party The Party who is in breach of, or is otherwise failing to perform, its obligations under this Agreement.

  • Performance has the meaning ascribed to it in the Copyright Act 98 of 1978, as amended from time to time, and the words “Perform” and “Performed” and “Performing” will have the same meaning

  • Publicly Perform means to perform public recitations of the Work and to communicate to the public those public recitations, by any means or process, including by wire or wireless means or public digital performances; to make available to the public Works in such a way that members of the public may access these Works from a place and at a place individually chosen by them; to perform the Work to the public by any means or process and the communication to the public of the performances of the Work, including by public digital performance; to broadcast and rebroadcast the Work by any means including signs, sounds or images.

  • Obscene matter or an obscene performance means matter described in 1984 PA 343, MCL 752.361 to 752.374.

  • Key Performance Indicators or “KPIs” means the performance measurements and targets set out in Part 3 of Schedule 1 (Services) of this Framework Agreement;

  • Financial Performance Covenants means the covenants of the Borrower set forth in Section 10.11.

  • Key Performance Indicator means a measure that captures the performance of a critical variable to expand and improve community-based corrections programs to promote offender success, ensure accountability, enhance public safety, and reduce recidivism.

  • Catastrophic injury or illness means a life-threatening injury or illness of an employee or a member of an employee's immediate family that totally incapacitates the employee from work, as verified by a licensed physician, and forces the employee to exhaust all leave time earned by that employee, resulting in the loss of compensation from the state for the employee. Conditions that are short-term in nature, including, but not limited to, common illnesses such as influenza and the measles, and common injuries, are not catastrophic. Chronic illnesses or injuries, such as cancer or major surgery, that result in intermittent absences from work and that are long-term in nature and require long recuperation periods may be considered catastrophic.

  • Additional Performance Security means the Bank Guarantee to be submitted by Successful Bidder in accordance with Clause 8.7 of this RFP Document

  • Adequate Assurance of Performance has the meaning given to it in Section 10.3.

  • Energy savings performance contract means a contract under which the rate of payments is based upon energy and operational cost savings and a stipulated maximum energy consumption level over the life of the contract.

  • Financial Performance Covenant means the covenant set forth in Section 6.10.

  • Standard of performance means a standard for emission of air pollutants which reflects the degree of emission limitation achievable through the application of the best system of emission reduction which (taking into account the cost of achieving such reduction) the Director determines has been adequately demonstrated.