Performance LDs definition

Performance LDs means a liquidated amount specified in or calculated in accordance with the Contract in respect of a Performance Variance which We must pay or allow You and/or which is to be deducted from the Price and/or by which the Price is to be adjusted.
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Performance LDs has the meaning set forth in Section 6.2.
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Performance LDs means liquidated damage amounts set forth in Clause 3.0 of this Appendix 4 that are payable by Seller to Buyer for failure to meet certain Equipment Performance Guarantees.
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Examples of Performance LDs in a sentence

  • Each Party agrees and acknowledges that (I) the damages that Buyer would incur due to Shortfall would be difficult or impossible to predict with certainty and (II) the Performance LDs are an appropriate approximation of such damages.

  • The Parties agree that Buyer’s receipt of the Performance LDs shall (x) not be construed as Buyer’s declaration that an Event of Default has occurred under any provision of Article VII and (y) not limit Buyer’s right to receive a Termination Payment upon exercise of Buyer’s default right pursuant to Article VII.

  • Except as otherwise expressly stated in this Section 4.6(b), the Performance LDs shall be Buyer’s sole monetary remedy for any Shortfall or failure to produce the Output or failure to maintain any specified Two Year Minimum Production Threshold (subject to Buyer’s right to operate in Section 4.6(c)).

  • For Output delivered to Buyer pursuant to this Agreement, Buyer or its agent shall pay Seller by electronic transfer of funds by the later of the twentieth (20th) day of the month or the tenth (10th) Business Day after the invoice is received in accordance with Section 3.2, subject to Buyer’s right to set-off any Daily LD Amount or Performance LDs owed by Seller to Buyer as described in Sections 4.4(b)(iii) or 4.6(b)(iii), respectively.

  • Subject to the adjustments described in Sections 2.4(a) and (b) and related to Performance LDs under the provisions of Section 4.6, during the period of delivery of any Test Energy and during the Delivery Term, for Output delivered or tendered to Buyer at the Point of Interconnection, Buyer shall pay Seller a price per MWh of Output equal to Thirty Six Dollars and Seventy-Six Cents ($36.76) per MWh (“Price”).

  • Where the Contract provides for Performance LDs they are Our sole liability to You in respect of the Performance Variance to which they relate.

  • Performance LDs should be in line with the project revenue loss when the system is not meeting the guaranteed performance level.

  • Notwithstanding anything to the contrary, Performance LDs will be paid at the end of the First Cure Period if not bought down earlier by Contractor, or secured with a financial instrument if a Second Cure Period is justified and granted by Owner.

  • Galloway THAT the Regional Municipality of Waterloo accept the tender of Dakon Construction Ltd.

  • Subject to the adjustments described in Sections 2.4(a) and (b) and related to Performance LDs under the provisions of Section 4.6, during the period of delivery of any Test Energy and during the Delivery Term, for Output delivered or tendered to Buyer at the Point of Interconnection, Buyer shall pay Seller a price per MWh of Output equal to _______ Dollars ($_____ ) per MWh (“Price”).


More Definitions of Performance LDs

Performance LDs means liquidated damage amounts set forth in Section 5, Appendix 4 that are payable by Seller to Buyer for failure to meet Seller’s Performance Guarantees set forth in Section 5, Appendix 4.
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Performance LDs means the Production Liquidated Compensation as defined under clause 12.3(f) of the Plant EPC Contracts.
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Performance LDs means liquidated damages payable by Contractor for failure to achieve any of the Performance Guarantees, as set forth in Article 14 (Liquidated Damages).
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Performance LDs means the liquidated damages payable by Contractor for the failure to achieve any Performance Guarantee set forth in the Performance Guarantee Undertaking.
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Related to Performance LDs

  • Performance Cash Award means an award of cash granted pursuant to the terms and conditions of Section 6(c)(ii).

  • Performance Level means a reference to one of Performance Level I, Performance Level II, Performance Level III, Performance Level IV or Performance Level V.

  • Performance Limits means the performance limits specified in the section of this Certificate titled Performance Limits.

  • Performance Grant means an Award subject, in part, to the terms, conditions and restrictions described in Section 9, pursuant to which the recipient may become entitled to receive cash, Class A Shares, Other Real Goods Securities or property, or other forms of payment, or any combination thereof, as determined by the Committee.

  • Performance Compensation Award means any Award designated by the Committee as a Performance Compensation Award pursuant to Section 11 of the Plan.

  • Performance Share Unit or “PSU” means a unit equivalent in value to a Share, credited by means of a bookkeeping entry in the books of the Corporation in accordance with Article 6;

  • Performance Share Award means an Award entitling the recipient to acquire shares of Stock upon the attainment of specified Performance Goals.

  • Performance Stock means a Target Number of Shares granted pursuant to Section 10(a) of the Plan.

  • Performance Stock Unit means a right granted to a Participant pursuant to Section 8.2, to receive Stock, the payment of which is contingent upon achieving certain Performance Goals or other performance-based targets established by the Committee.

  • Performance Unit Award means an award of Performance Units under this Plan.

  • Performance Units means an Award which may be earned in whole or in part upon attainment of performance criteria established by the Administrator and which may be settled for cash, Shares or other securities or a combination of cash, Shares or other securities as established by the Administrator.

  • Performance Date means December 31, 2025. If the Locality, in consultation with VEDP, deems that good faith and reasonable efforts have been made and are being made by the Company to achieve the Targets, on or before the Performance Date the Locality may request an extension of the Performance Date by up to 15 months. Any extension of the Performance Date shall require the prior approval of the Company and the Board of Directors of VEDP (the “Board”). If the Performance Date is extended, the Locality shall send written notice of the extension to the Authority, the Company and VEDP and the date to which the Performance Date has been extended shall be the “Performance Date” for the purposes of this Agreement.

  • Performance Share Units means Performance Share Units granted to an Eligible Individual under Section 9.1(b).

  • Performance Period means the one or more periods of time, which may be of varying and overlapping durations, as the Committee may select, over which the attainment of one or more Performance Goals will be measured for the purpose of determining a Participant’s right to, and the payment of, a Performance-Based Award.

  • Performance Measure means one or more of the following selected by the Committee to measure Company, Affiliate, and/or business unit performance for a Performance Period, whether in absolute or relative terms (including, without limitation, terms relative to a peer group or index): basic, diluted, or adjusted earnings per share; sales or revenue; earnings before interest, taxes, and other adjustments (in total or on a per share basis); basic or adjusted net income; returns on equity, assets, capital, revenue or similar measure; economic value added; working capital; total shareholder return; and product development, product market share, research, licensing, litigation, human resources, information services, mergers, acquisitions, sales of assets of Affiliates or business units. Each such measure shall be, to the extent applicable, determined in accordance with generally accepted accounting principles as consistently applied by the Company (or such other standard applied by the Committee) and, if so determined by the Committee, and in the case of a Performance Compensation Award, to the extent permitted under Code Section 162(m), adjusted to omit the effects of extraordinary items, gain or loss on the disposal of a business segment, unusual or infrequently occurring events and transactions and cumulative effects of changes in accounting principles. Performance Measures may vary from Performance Period to Performance Period and from Participant to Participant, and may be established on a stand-alone basis, in tandem or in the alternative.

  • Performance Cash means any cash incentives granted pursuant to Article 9 payable to the Participant upon the achievement of such performance goals as the Committee shall establish.

  • Cash Award means an award denominated in cash.

  • Performance audit means an objective and systematic assessment of a state agency or agencies or any of their programs, functions, or activities by the state auditor or designee in order to help improve agency efficiency, effectiveness, and accountability. Performance audits include economy and efficiency audits and program audits.

  • Performance Year means the calendar year prior to the year in which an Annual Award is made by the Committee.

  • Performance Review means a summative evaluation of a teacher other than a beginning teacher and used to determine whether the teacher’s practice meets school district expectations and the Iowa teaching standards, and to determine whether the teacher’s practice meets school district expectations for career advancement in accordance with Iowa Code section 284.7.

  • Performance Award Formula means, for any Performance Award, a formula or table established by the Committee pursuant to Section 10.3 which provides the basis for computing the value of a Performance Award at one or more levels of attainment of the applicable Performance Goal(s) measured as of the end of the applicable Performance Period.

  • Performance Shares means Shares or an Award denominated in Shares which may be earned in whole or in part upon attainment of performance criteria established by the Administrator.

  • Performance Award means any right granted under Section 6(d) of the Plan.

  • Performance Formula means, for a Performance Period, the one or more objective formulae applied against the relevant Performance Goal to determine, with regard to the Performance Compensation Award of a particular Participant, whether all, some portion but less than all, or none of the Performance Compensation Award has been earned for the Performance Period.

  • Performance Target means the level of performance expected of the HSP in respect of a Performance Indicator or a Service Volume. “person or entity” includes any individual and any corporation, partnership, firm, joint venture or other single or collective form of organization under which business may be conducted.

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