Performance Clause. The Licensee undertakes to actually exploit the licensed Technology under the sanction of agreement termination by the Licensor as set out in Clause Twelve; ---------------------------- For further comments on this particular requirement, please refer to Xxxxxx Xxx. ----------------------------
Performance Clause. 4.1 The [*] of advertising will be given to Advertiser at [*]. The [*] will begin upon activation of the affinity button in each Market. The affinity button is a button on the welcome screen of America Online that links to local Digital City markets.
Performance Clause. The Licensee undertakes to actually exploit the licensed Technology, under the sanction of agreement termination by the Licensor, as set out in Clause Twelve; ---------------------------- This is a safeguard mechanism to guarantee to the licensor the “real” exploitation of the patent right by the licensee and the resulting financial compensation, while also preventing the acquisition of exclusive licenses for the purpose of a “desk-drawer veto”, i.e. a company’s acquisition of exclusive rights on a rival technology to prevent it from taking a market share from its own technology. It is also to safeguard the general mission of R&D institutions of disseminating knowledge and seeking to ensure that patented technology really reaches the market and society. ----------------------------
Performance Clause. The Purchaser hereby agrees to initiate the development of the Property within six (6) months from the date the deed is recorded. In the event that the Purchaser fails to, or refuses to, initiate development of said Property within such time frame then the Property shall automatically revert back to the Seller upon Seller’s demand. Upon Purchaser’s receipt of written notice by Seller of Purchaser’s failure to perform their obligations under this Section and demand for the Property, the City of Carbondale, as Seller, shall have the right to re-enter and take possession in fee simple title to the Property. The Seller shall reimburse the Purchaser the purchase price paid by Purchaser for the Property under this contract, minus any and all costs incurred by the Seller to enforce the provisions of this Contract. This provision shall survive the closing of the property transaction.
Performance Clause. If the event the Group does not use the entire room block reserved by this contract as defined by the Total Sleeping Rooms, Group agrees that Hotel will suffer damages which would be difficult to determine. Damages for lack of performance will be based on a minimum commitment of 75% of the Group’s Total Sleeping Room commitment. To determine damages, apply the following formula:
Performance Clause. The parties acknowledge the importance to the Corporation of proving the commercial viability of the Telepresence(R) Single Optical Path 3-D Image Capture System (the "System"). The parties therefore agree that in the event that the Contractor arranges or assists in arranging a contract with an Internet corporation with respect to its "3D Streaming Internet Video Applications" of the System during the term of this Agreement, the Corporation and the Contractor shall conduct good faith discussions concerning the award of a performance bonus (the "Bonus") to the Contractor in recognition of its services in such regard.
Performance Clause. ADDITIONAL PRODUCTS MAY BE PURCHASED BY CUSTOMER FROM TIME TO TIME AND THE SALE OF SUCH PRODUCTS SHALL BE GOVERNED BY THE TERMS OF THIS AGREEMENT, EXCEPT AS SPECIFICALLY AGREED TO BY THE PARTIES IN WRITING. PERFORMANCE OF THIS AGREEMENT IS CONTINGENT UPON MEETING THE REQUIREMENTS OF THE PARTIES IN AN ECONOMICAL AND REASONABLE MANNER. EITHER PARTY MAY REQUEST ADJUSTMENTS TO THIS AGREEMENT IF, IN ITS SOLE JUDGEMENT, CONDITIONS HAVE CHANGED SIGNIFICANTLY SINCE THE SIGNING OF THIS AGREEMENT. IF AFTER THIRTY (30) DAYS THE PARTIES DO NOT AGREE TO THE ADJUSTMENTS, OR WHEN THE REQUESTED ADJUSTMENT HAS BEEN REJECTED, WHICHEVER COMES EARLIER, THE REQUESTING PARTY MAY TERMINATE THIS AGREEMENT BY GIVING THIRTY (30) DAYS WRITTEN NOTICE. APPROVED: /s/ KIM XXXXXXX APPROVED: /s/ CRAIX X. XXXXXXX ------------------------ ----------------------- ------------------------------------------------------------------------------- PREFORMED LINE PRODUCTS GENERAL ELECTRIC COMPANY ------------------------------------------------------------------------------- DATE: 2-22-01 DATE: 2-26-01 ------------------- -----------------------------
Performance Clause. When assessing the performance of the vessel in relation to the speed(s) and consumption(s) detailed in Clause 29a, good weather conditions is taken to mean Beaufort Wind Scale not exceeding Force 4 (upto 16.0 knots maximum) and Dxxxxxx Sea State not exceeding Code 3 (upto 1.5 metres wave height maximum). Average good weather speed will be determined by taking the total mileage actually steamed under good weather conditions as defined above from full away to standby engine, divided by the actual time steamed under such conditions, both as recorded in the log book, excluding stoppages at sea or any periods during which reduction of speed is necessary for safety or in congested waters or in poor visibility, or following Charterers explicit instructions. Average good weather consumption will be determined by applying the actual propulsion consumption whilst steaming under good weather condition to the period steamed under such conditions. To evaluate vessel’s performance under this Charter Party following data / formula will be used:
Performance Clause. NCR’s failure to perform any of its responsibilities set forth in this Agreement or a transition plan, other than NCR’s obligation to pay undisputed amounts will not constitute a material breach of this Agreement or be deemed to be grounds for termination of this Agreement by Solectron. However, Solectron’s nonperformance of its obligations under this Agreement or a transition plan will be excused if and to the extent (i) such nonperformance results from NCR’s failure to perform its responsibilities set forth in this Agreement or transition plan, and (ii) Solectron provides NCR with reasonable notice of such nonperformance and use commercially reasonable efforts to perform notwithstanding NCR’s failure to perform and NCR fails to cure such nonperformance within thirty (30) days of such notice.
Performance Clause. (1) All the parties agree that the first day of January of the second year following the equity change date shall be the commencement date of the performance commitment. The first year is defined as a year from the first day of January of the second year after the equity change to the 31st day of December of the next year, and so on.
