Nonperformance definition

Nonperformance means lack of compliance with the contract specifications and/or terms and conditions.

Nonperformance means the occurrence of any of the following:

Nonperformance means the substantial and continuing failure by a General Partner to perform its material obligations under the Agreement and/or such continued negligence or misconduct by the General Partner resulting in a material adverse effect upon the assets or business of the Partnership that is not otherwise cured by the General Partner and/or knowing breach of specific provisions of this Agreement and/or fraud or willful misconduct on the part of the General Partner.

Examples of Nonperformance in a sentence

• Non-performance shall not include contracts where Employers decision was overruled by the dispute resolution mechanism.

• Non-performance, as decided by UNDP, shall include all contracts where (a) non-performance was not challenged by the contractor, including through referral to the dispute resolution mechanism under the respective contract, and (b) contracts that were so challenged but fully settled against the contractor.

• Non-performance must be based on all information on fully settled disputes or litigation, i.e. dispute or litigation that has been resolved in accordance with the dispute resolution mechanism under the respective contract and where all appeal instances available to the Bidder have been exhausted.

• Non-performance of the Contractor in terms of specifications shall be a basis for termination of the contract by the County.

• Non-performance after the first notice of non-performance shall be considered a material breach of contract.

More Definitions of Nonperformance

Nonperformance the failure of a Party to pay any monetary obligation hereunder or to substantially perform any non-monetary material condition, obligation, requirement or service hereunder.

Nonperformance means Executive's refusal to perform duties after receipt of a written warning regarding his performance of such duties. Upon termination for Non-Performance, the Company shall only be required to pay Executive any unpaid compensation earned by him pursuant to Paragraph 4 hereof for services rendered through the date of such termination and reimbursements unpaid to date under Paragraphs 7 or 8 hereof, and Executive shall not be entitled to receive any of the Severance Benefits set forth in Paragraph 10.E hereof.

Nonperformance means the failure of the Division to achieve 60% of the EBITDA target contained in the Earn Out Plan set forth in Exhibit F-1 to the Merger Agreement in any Measurement Year (as defined in the Merger Agreement).

Nonperformance. Employee engages in (i) acts or omissions of negligence or gross misconduct in the performance of duties to the Company; (ii) repeated unexplained or unjustified absences from the Company; or (iii) a willful violation of any federal or state statute. In the event any act or omission of negligence or gross misconduct referred to above is curable, the Company shall give written notice of such negligence or gross misconduct and ten (10) days to cure it unless such failure is the second failure (whether or not the first failure was cured) of the same nature within six, months, in which case termination may be immediate without application of a cure period.

Nonperformance means lack of compliance with the Contract Specifications and/or terms and conditions.

Nonperformance means lack of compliance with the Contract Specifications, termsor conditions.

Nonperformance means lack of compliance with the contract spec ificat ions and/or terms and conditions.