Definition of Poor Performance

  1. Poor Performance means the failure of Executive to meet reasonable and achievable performance expectations (other than any such failure resulting from incapacity due to physical or mental illness); provided, however, that termination for Poor Performance will not be effective unless at least 30 days prior to such termination Executive has received written notice from the Board which specifically identifies the manner in which the Board believes that Executive has not met performance expectations and Executive has failed after receipt of such notice to resume the diligent performance of his duties to the satisfaction of the Board; and

Examples of Poor Performance in a sentence

  1. The failure by Executive or the Company to set forth in the Notice of Termination any fact or circumstance which contributes to a showing of Good Reason, Poor Performance or Cause will not waive any right of Executive or the Company, respectively, hereunder or preclude Executive or the Company, respectively, from asserting such fact or circumstance in enforcing Executives or the Companys rights hereunder.
  2. Voluntary Termination, Involuntary Termination for Cause, Involuntary Termination for Poor Performance.
  3. [***] Chronic Poor Performance: If the Hosted Network is down between [***]: MEDecision will respond within [***], begin working on the problem immediately and will work continuously until Hosted Network is back up.

Definition of Poor Performance in Employment Agreement

Poor Performance means the failure of Executive to meet reasonable and achievable performance expectations (other than any such failure resulting from incapacity due to physical or mental illness); provided, however, that termination for Poor Performance will not be effective unless at least 30 days prior to such termination Executive has received written notice from the Board which specifically identifies the manner in which the Board believes that Executive has not met performance expectations and Executive has failed after receipt of such notice to resume the diligent performance of his duties to the satisfaction of the Board; and