Performance Breach definition

Performance Breach means any material breach of any of Printer’s obligations, representation or warranties hereunder which is not a Quality Breach or a Shipping and Mailing Breach. *** Confidential information omitted pursuant to a request for confidential treatment filed separately with the Securities and Exchange Commission.
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Performance Breach means any breach of the Performance Requirements; Performance Data means all reports and all source information, documentation and data required for, created, produced or prepared in accordance with the performance monitoring programme; Performance Metrics means the performance metrics outlined in paragraph 12.4 (Performance Metrics) of Schedule 9 (Governance and reporting); Performance Report means the report described in paragraph 12 (Performance Report) of Schedule 9 (Governance and reporting); Performance Requirements means the requirements specified in paragraph 2 (Performance Requirements) to Schedule 17 (Requirements for Performance Regime);
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Performance Breach means, in relation to a given Settlement Account: (a) the occurrence of the third Material Non-Performance Event for that Settlement Account in a given calendar year; or (b) the Actual Activated MWh in the calendar year to the date of such determination divided by the sum of the Activation MW for each hour that the Participant was Activated in the calendar year to the date of such determination for that Settlement Account is less than 90%; or (c) the weighted average, over all Confirmed Hours in the calendar year to the date of such determination, of the Confirmed MW for the Contracted Dispatch Period divided by the Monthly Contracted MW for that Settlement Account is less than 90%; or (d) the failure of the Participant to provide to the OPA a complete set of weekly data for a Settlement Account by the fourth week after the deadline, as required pursuant to section
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Examples of Performance Breach in a sentence

  • In addition, if BA commits a Specified Performance Breach during the term of this Agreement, the Parties agree to meet immediately to determine whether any liquidated damages provisions are appropriate as an amendment hereof in light of such Breach and, if so, the terms therein; provided, however, that if BA commits a Specified Performance Breach during initial nine (9) months of this Agreement, the Parties agree to meet at the end of the nine-month period.

  • III.8.5 Upon the occurrence of an Interconnection Specified Performance Breach by the Providing Party, the other Party may forego the dispute escalation procedures set forth in Section 28.3 and seek any relief it is entitled to under Applicable Law.

  • III.8.4 In no event shall the Providing Party be deemed to have committed an Interconnection Specified Performance Breach if the Providing Party's failure to meet or exceed an Interconnection Performance Activity is caused by a Delaying Event.

  • X.9.4 In no event shall Ameritech be deemed to have committed a Resale Specified Performance Breach if Ameritech's failure to meet or exceed a Resale Performance Activity is caused by a Delaying Event.

  • IX.10.4 In no event shall Ameritech be deemed to have committed a Network Element Specified Performance Breach if Ameritech's failure to meet or exceed a Network Element Performance Activity is caused by a Delaying Event.

  • III.8.4 In no event shall the Providing Party be deemed to have committed a Specified Performance Breach if the Providing Party's failure to meet or exceed an Interconnection Performance Activity is caused by a Delaying Event.

  • IX.10.4 In no event shall Ameritech be deemed to have committed a Specified Performance Breach if Ameritech's failure to meet or exceed a Network Element Performance Activity is caused by a Delaying Event.

  • X.9.4 In no event shall Ameritech be deemed to have committed a Specified Performance Breach if Ameritech's failure to meet or exceed a Resale Performance Activity is caused by a Delaying Event.

  • If (i) Ameritech fails to comply with a Resale Performance Benchmark with respect to a Resale Performance Activity for a Reporting Period, (ii) the sample size of the Resale Performance Activity measured for such Reporting Period is statistically valid, and (iii) the amount by which the applicable Resale Performance Activity deviates from the corresponding Resale Performance Benchmark is statistically significant, then Ameritech shall have committed a Specified Performance Breach.

  • MFS agrees to specific performance standards associated with quality of service requests as specified in Schedule 27.1. Should MFS fail to meet these service quality standards, during a period in which BA has failed to meet the Performance Criteria, BA's failure during such time period shall be excused and not apply toward the calculation of a Specified Performance Breach.


More Definitions of Performance Breach

Performance Breach is defined in Section 7.2(d).
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Performance Breach and "Performance Standards" shall have the respective meanings assigned to such terms in Section 3 of this Agreement.
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Related to Performance Breach

  • Performance Failure shall have the meaning as set forth in Section 2.03(b)(i)(1).

  • Performance Standard means the acceptable range of performance for a Performance Indicator or a Service Volume that results when a Performance Corridor is applied to a Performance Target;

  • Performance Milestone means any of the milestones described in Section A2 (Performance Milestones) of attached Exhibit A (Start-Up License Schedule).

  • Performance Condition means a condition related to performance which is specified by the Committee under Rule 3.1 (Terms of grant);

  • Performance Objective means a standard established by the Committee to determine in whole or in part whether a Performance Award shall be earned.