Underperforming definition
Examples of Underperforming in a sentence
For the avoidance of doubt, Buyer’s return of Underperforming Systems pursuant to this Section 5.4(c) shall not relieve Seller of its obligation to pay to Buyer, or decrease the amount of, the Quarterly Capacity Warranty Payment set forth in Section 5.4(a).
Underperforming Partners will be asked to develop a program improvement plan for their respective project that identifies specific and measurable goals, outcomes, and indicators of success within a specific timeline.
In the event that Seller is obligated to repurchase any Underperforming Facilities pursuant to this Section 5.7(d) in connection with a Performance Warranty claim, the first Underperforming Facility repurchased shall be the Facility with the lowest output as a factor of its System Capacity in the prior Calendar Quarter, followed by the next lowest, and so on until Seller’s repurchase obligations are satisfied.
Underperforming System, Seller shall immediately refund to Buyer the Refund Value of such Underperforming System as liquidated damages pursuant to Section 13.6, and shall promptly remove such returned Underperforming System from the applicable Site and be deemed to have taken title to such Underperforming System, and such Underperforming System shall be deemed to no longer constitute a portion of the Portfolio.
The SCOR Progress Review Committee reserves the right to withhold or reduce funds for underperforming SCORs. Underperforming SCORs will initially be provided a warning that funding may be withheld or reduced if performance does not improve.
Underperforming Partners will be asked to develop a program improvement plan, for their respective project, that identifies specific and measurable goals, outcomes, and indicators of success within a specific timeline.
Underperforming in specific shop measures as outlined on the MPI Partners site may also require a Corrective Action Plan.
With respect to each such returned Underperforming System, Seller shall immediately refund to Buyer the Refund Value of such Underperforming System as liquidated damages pursuant to Section 13.6, and shall promptly remove such returned Underperforming System from the applicable Site and be deemed to have taken title to such Underperforming System, and such Underperforming System shall be deemed to no longer constitute a portion of the Portfolio.
The time allotted for Station reinstallations may be increased to more than 72 hours, upon request to the Participating City if the Station(s) are Underperforming Stations.
Following an Underperforming Perpetuity Window, E-C shall have the right, but not the obligation, to offer to purchase the exclusivity provision of the License from D-R upon the terms and subject to the conditions set forth in this Section 6.10 (such right, E-C’s “Shotgun Purchase Option”, and such offer, the “Shotgun Purchase Offer”) at a purchase price of E-C’s choosing, provided that it is payable at closing in cash (the “Purchase Price”).