Performance Default definition

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

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

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;

Examples of Performance Default in a sentence

• 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.

• If a Performance Counterparty Unwind Date or a Performance Default Unwind Date, the payment obligations of the parties under the Cash Flows Swap will have ceased following designation of the related Early Termination Date under the Performance Charged Agreement.

• The provider has modified the service offer in response to service user feedback and is now delivering a more effective personalised approach through variety of community settings and further developing peer-led recovery in communities.

• Any action of the Provider that contravenes the Care Act 2014 will be considered a Performance Default.

• Haringey Council reserves the right to make in-contract changes to an Agreement or to terminate it in accordance with the terms of the Supplier Agreement, particularly relating to Variations, Performance Default and Termination.

More Definitions of Performance Default

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

Performance Default means any failure by the Contractor properly to perform any of the terms and conditions of the Contract (including without limitation) any failure to perform the Service to the Specification and in accordance with the Method Statements; "Pricing Document" means the document attached as Schedule 3 to the Agreement; "Property Specification" means the requirements for properties set out in Appendix 1 of the Specification; "Records" means all records of the Council and documentation, data or any other information produced by or received from or for or on behalf of the Council (subject to any prior rights) in relation to the Service and stored on whatever medium; “Replacement Contractor” means any third party Contractor appointed by the Council from time to time, to provide any services which are substantially similar to any of the Services, and which the Council receives in substitution for any of the Services following the expiry, termination or partial termination of the Agreement, whether those services are provided by the Council internally and/or by any third party. "Rented Units" means the dwellings taken or to be taken on Headleases (being separate dwellings as the term is referred to in Section 1 Housing Act 1988) by the Contractor from private owners in accordance with this Agreement and "Rented Unit" shall be construed accordingly; "Service" means the provision of the procurement and management of temporary accommodation services under the Council’s HALS scheme as further described in the Specification and its Appendices; "Specification" means the detailed specification of the Service attached as Schedule 1 to the Agreement as varied by the Council from time to time; "Tenancy Agreement" means an assured shorthold tenancy agreement as defined by the Housing Act 1988 (as amended) in a form prepared by the Contractor approved by the Council and containing terms which accord with the guidance on housing management issued by the Homes and Community Agency (HCA) pursuant to Section 36 Housing Act 1996 as amended by the Housing and Homelessness Act 2002; "Term" means the term of this Agreement as detailed in Condition 2, subject to earlier termination or extension in accordance with these Conditions; “Transferring Employees” means those employees whose contract of employment becomes, by virtue of the application of TUPE in relation to

Performance Default means any breach by HS2 Ltd of Clause 8 in respect of which the SoS has elected to declare a Performance Default, in his/her absolute discretion;

Performance Default means a default in performance under this Agreement notified to the Delivery Authority by the Sponsor Body in accordance with Clause 98;

Performance Default shall be as defined in Section 10.3.

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