Performance Default definition

Performance Default shall have the meaning set forth in Section 9.2.1.

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Performance Default. Any Servicing Default described in clauses (vii), (viii) and (ix) of Section 10.01(a).

Performance Default any negligent act or omission; and/or • any breach of contract; and/or • any failure by the Provider properly to perform any of the obligations, terms and Clauses of the Contract including (without limitation) any failure to perform the Services to the Contract Standard;

Examples of Performance Default in a sentence

• In the event that a Default Notice states that a Performance Default is a Critical Performance Default, it shall also state how and by when the Provider, at its own expense, shall remedy, make good or mitigate the Performance Default.

• Such action and time period shall be fair, reasonable and commensurate with the nature of the Critical Performance Default and the effect that such Critical Performance Default had or continues to have on the provision of the Services and the services provided by Fellow Providers.

• The Provider shall not be liable to the Council for a Performance Default to the extent that it is directly caused by a breach of contract by the Council or Fellow Provider provided that the Provider has notified the Council in writing as soon as it has come to the Provider's attention that such an event has or will occur.

More Definitions of Performance Default

Performance Default means a failure or delay (whether by act or omission) with the method or manner of execution of the obligations or responsibilities of the Service Provider under this Agreement (but shall not include any Service Level Defaults which shall be dealt with separately) whether or not the same is, or is suspected to be, minor or significant and whether or not the same could constitute a Material Breach or Persistent Breach of this Agreement or a breach of any Applicable Law;

Performance Default has the meaning set forth in Section 12.1(b); ‌

Performance Default with respect to the Managing General Partner and its Affiliates shall be deemed to have occurred (subject to Section 5.9) with respect to a Property or Investment if (a) the Managing General Partner shall have failed to cause compliance with any Approved Development Plan with respect to such Property or Investment in any Material respect for any reason other than Force Majeure, or (b) if a Highridge Partner or an Affiliate of any Highridge Partner has breached the provisions of any agreement entered into between such Person and the Partnership or any Investment Entity and has failed to cure such breach within the time required by such agreement (but this clause (b) shall apply with respect to a Property or Investment only if such breach was not willful and therefore does not constitute a Removal Default for which separate remedies are provided elsewhere in this Agreement).

Performance Default means a Default (but not an Event of Default) with respect to a potential Event of Default described in clause (3) of the definition of “Event of Default” in Section 501 of the Indenture.

Performance Default means a default in performance under this

Performance Default any negligent act or omission; and/or

Performance Default means a breach or default of a material obligation of this Agreement.