Performance Penalties definition

Performance Penalties has the meaning given in Clause 17.1.
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Performance Penalties means any performance penalties payable by the Supplier pursuant to clause 9.5 and as set out in the Service Level Agreement.
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Performance Penalties has the meaning given to it in Appendix 6 (Key Performance Indicators (KPI) - Performance Measurement);
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Examples of Performance Penalties in a sentence

  • Seller shall be responsible for any "non- Performance Penalties" assessed to PG&E by the CAISO ("CAISO Penalties"), under the CAISO Tariff Enforcement Protocol, and not due to any fault ofPG&E, which shall include, without limitation, any deviation, imbalance or uninstructed energy charges or penalties payable to the CAISO that are due to the fault of Seller.

  • It is agreed the Project Owner shall be entitled to avail itself of its right to claim damages and apply any other available remedy available to it under Law for any such failure of the Performance Guarantee to be achieved in addition to its right to receive such Performance Penalties payments.

  • Any Performance Penalties payable under this Agreement shall be payable to the Project Owner by bank transfer to the Project Owner’s designated account within [five (05)] days following demand thereof from the Project Owner.

  • The O&M Contractor shall within fifteen (15) Business Days following the end of each relevant Contract Year calculate the Performance Ratio (in accordance with Schedule 3) in respect of that Contract Year and, if applicable, calculate the amount of Performance Penalties payable in respect of the relevant Contract Year and notify the same to the Project Owner as soon as reasonably practicable.

  • It is agreed the Performance Penalties shall not be applied in the event the failure to achieve the Performance Guarantee is caused by the act or breach of this Agreement by the Project Owner.] 22 Suggest structuring these as penalties rather than liquidated damages.

  • Failure of the Client to deliver to GS the final Student Application Reports or otherwise comply with any other Client Reporting Obligations in accordance with the time frames set forth in Schedule 3 shall result in the assessment of Client Performance Penalties for each 30-day period in which Client fails to deliver the final Student Application Report (or any other report required in accordance with Client Reporting Obligations).

  • Escalation is applicable to CPFH Rate, Over and Above Rates (except for ***** cap on shipping charges and handling fees), pricing for Logistics Services in Miami in Appendix D, SL penalties, NFF penalties in Section 6.4, Reliability Performance Penalties in Section 6.6.1.

  • Upon payment in full of the Total Contract Price (subject to adjustments thereto for Performance Penalties or Mechanical Completion Delay Penalties pursuant hereto) the security interest and lien of this Agreement shall automatically terminate and UTCP shall take such actions (at UTCP’s sole cost and expense) as are reasonably requested by BUYER to release the Collateral from the security interest and lien granted by this Agreement.

  • In the event that Operator fails to achieve certain performance requirements, Operator shall pay to Owner the Performance Penalties as further described herein.

  • The foregoing disclaimer shall not excuse Owner from paying Performance Bonuses or Operator from paying Performance Penalties.