Performance Deductions definition

Performance Deductions means performance deductions calculated in accordance with Exhibit 4 (Performance Deductions).

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Performance Deductions. As defined in the Operating Contracts

Performance Deductions. As defined in the VC and the Replacement Operating

Examples of Performance Deductions in a sentence

• All Monthly Performance Deductions will be allocated first to a reduction in the OMR Payment, and second, to the extent that such Monthly Performance Deductions exceed the OMR Payment, to a reduction in the Capital Performance Payment, thereby resulting in a reduction to the BE CPP Obligation (and the Central 70 Net Payment transferrable from the Trustee to the Developer under the Supplemental Indenture).

• Pursuant to the C-70 Project Agreement, a failure to perform certain obligations by the Developer may result in Monthly Performance Deductions to the Performance Payments.

• Any excess CCD O&M Amount available as a result of Monthly Performance Deductions exceeding the OMR Payment due in such month shall be applied proportionately to reduce the CDOT OMRP Obligation and HPTE OMRP Obligation due in the following month.

• On or before the fifth Business Day prior to the last day of each month, HPTE shall notify BE of any Monthly Performance Deductions in excess of the Net OMR Payment that will result in a reduction to the Capital Performance Payment owing to the Developer in the following month.

• It shall set out Punctuality Performance Deductions for the previous Reporting Period and the overall Punctuality Performance Payment due for that Reporting Period.

• The Scottish Ministers shall notify the Operator of its liability to Performance Deductions, but any delay or failure to notify shall not impair the right of the Scottish Ministers to make Performance Deductions.

• Nothing in Clause 39.1 shall affect any entitlement to make Availability Deductions or any Performance Deductions in the period during which the Force Majeure Event is subsisting.

• Subject to clause 34.1 (Reporting and monitoring) and without prejudice to the Operator’s obligations under clause 6 (Operator Undertakings), the Operator shall be liable pursuant to clause 34.1 (Reporting and monitoring) for any Performance Deduction arising as a consequence of damage to Network Assets or defects, unless relieved by the Authority in accordance with clause 41 (Relief Events) or to the extent contemplated by Schedule 19 (Payment and Performance Deductions).

• In addition to Noncompliance Points, instances of Noncompliance referenced in Section 2.2 of Appendix 9 shall result in monetary deductions as set forth in Section 3 of Appendix 10 (Performance Deductions).

• Some breaches may not be capable of remedy (for example, failure to complete construction by the Long-Stop date) and some events may only qualify as termination events after some kind of grace has already been given (e.g. after the accrual of a specified level of Performance Deductions or because of the tolerances contained in the Persistent Breach concept).

More Definitions of Performance Deductions

Performance Deductions the deductions which fall to be made from the

Performance Deductions. As defined in the VC and the Replacement Operating Contracts

Performance Deductions has the meaning set forth in Schedule 1: Payment Mechanisms;

Performance Deductions has the meaning set out in Schedule 5 (Payment Mechanism);

Performance Deductions means the amount calculated in accordance with paragraph 6; Performance Measurement Framework Schedule [x] (Performance Management System); Performance Standards shall have the same meaning as set out in Schedule [x] (Performance Management System); Performance Standard Failure shall have the same meaning as set out in Schedule [x] (Performance Management System); Planned Price Adjustment Event Date means [fixed date] by [on] which the issuance of an Acceptance Test Certificate for a Facility is planned to occur or such other date as the Parties may agree; Price Adjustment Event Date means the date of on which a Price Adjustment Event occurs; Price Adjustment Event means an event arising from the issuance of an Acceptance Test Certificate for a Facility, thereby triggering a step up in the Base Payment Element for the Interim Service or Service Commencement for a Service Category;

Performance Deductions means the deductions provided for in Part 8 of Schedule 10 [Performance Deductions].