Non-Performance definition

Non-Performance. ’ shall mean default on a contract in the public/ government sector by willfully or negligently:

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Non-Performance means the failure to meet the complete terms and conditions of this Contract including, but not limited to, the response time. In the event of such cancellation, the County retains the right to claim damages as a result of such default.

Non-Performance means the: (i) failure of the Company to achieve an EBITDA of the Company of the Base Year Amount for the Base Year and/or (ii) failure of the Company to achieve a compounded annual growth rate of at least 3.5% in the EBITDA of the Company in each and every subsequent twelve month period (each such period commencing with the calendar quarter in which an anniversary of the Effective Date occurs) during the Employment Term. Notwithstanding the foregoing, in the event of a Corporate Transaction, if the Board determines that the above non-performance targets should be adjusted, then the parties shall equitably and in good faith negotiate the adjustment of the above non-performance targets to appropriately account for such event.

Examples of Non-Performance in a sentence

• Any deviation from any of the item specifications, including the delivery of any product other than the specific brand of the product awarded, will be grounds for rejection of the product(s) when delivered, and will expose the Caterer to the remedies identified in this General Terms and Conditions document entitled “Remedies for Non-Performance of Contract, and Contract Termination” and may jeopardize future business from the SFA.

• Failure to provide quarterly sales reports, including those indicating no sales, within ten (10) calendar days following the end of each quarter is considered as Non-Performance by the Contractor.

• Repeated failure to meet delivery dates will constitute a breach of Contract by the Caterer, and may result in the initiation of actions covered in this General Terms and Conditions document entitled “Remedies for Non-Performance of Contract”, and “Contract Termination” and the associated financial impacts attached thereto, as well as jeopardize any future business from the SFA.

• Substituting without the prior approval of the SFA will constitute a breach of contract by the Caterer which may result in the initiation of actions covered in this General terms and Conditions document entitled “Remedies for Non-Performance of Contract, and Contract Termination” and the associated financial impacts attached thereto, and may jeopardize any future business from the SFA.

More Definitions of Non-Performance

Non-Performance means and includes without limitation, Customer complaints, Goods or Services which do not conform to the Agreement, inferior quality of work carried out or materials supplied by the Supplier.

Non-Performance. 23rd: This lease and the obligation of the Tenant to pay the Paid by Landlord rent hereunder and to comply with the covenant conditions hereof, shall not be affected, curtailed, impaired or excused because of the Landlord's inability to supply any service or material called for herein, by reason of any rule, order, regulations or pre-emption by any governmental entity, authority, department, agency or subdivision or for any delay which may arise by reason of negotiations for the adjustment of any fire or other casualty loss or because of strikes or other labor trouble or for any cause beyond the control of the Landlord.

Non-Performance means the repeated failure by Employee to substantially perform his duties with the Company (other than any such failure resulting from Employee’s incapacity due to physical or mental illness or any such actual or anticipated failure after the issuance of a Notice of Termination by Employee for Good Reason), after a written notice for substantial performance is delivered to Employee by the Committee or CEO, which notice specifically identifies the manner in which the Committee or CEO believes that Employee has not substantially performed his duties and Employee fails to correct his performance to the satisfaction of the Committee or CEO in their sole discretion within ninety (90) days following the delivery of the notice of substantial performance has been given to Employee.

Non-Performance means the determination by a majority of the Board of Directors, in their sole and absolute discretion, that the Executive refuses or is not performing the duties or obligations as defined by this Agreement. The Board shall provide the Executive with written notice which specifically identifies the manner in which the Board believes Executive is not performing the duties and obligations as defined herein.

Non-Performance means the repeated failure by Employee to substantially perform his duties with the Company (other than any such failure resulting from Employee's incapacity due to physical or mental illness or any such actual or anticipated failure after the issuance of a Notice of Termination by Employee for Good Reason), after a written notice for substantial performance is delivered to Employee by the Committee or CEO, which notice specifically identifies the manner in which the Committee or CEO believes that Employee has not substantially performed his duties and Employee fails to correct his performance to the satisfaction of the Committee or CEO in their sole discretion within ninety (90) days following the delivery of the notice of substantial performance has been given to Employee.

Non-Performance means if Concessionaire fails to provide the services continually for seventeen (17) days it will be treated as non-performance.

Non-Performance means materially failing to perform, with specific reference to the 12 months of the Business Plan for the previous financial year (“Relevant Financial