Subjective Factors Sample Clauses

Subjective Factors. The maximum bonus or liquidated damages capable of being earned by or assessed against Operator in the Subjective Factors category of the AFAA in any Project Year shall be Thirty-One Thousand Two Hundred Fifty and 00/100 Dollars ($31,250.00). The Subjective Factors category of the AFAA depends solely upon Owner's subjective evaluation of Operator's overall performance of its obligations and services rendered hereunder. Subject to Owner's sole and complete discretion, Owner shall evaluate Operator's performance with respect to various qualitative factors, which, for illustrative purposes only and, not by way of limitation, may include: frequency of insurance claims and increases in related insurance costs, community and public relations, compliance with permits, and easements, safety and environmental records, turn-over of personnel development of apprentice programs, personnel management relevant to Urban Enterprise Zone criteria, timeliness of response to and handling of events of Force Majeure, working relationship with Owner and Lender, professionalism, profitability of the Facility and overall handling and care of the Facility. Periodically but no more often than every three (3) months during each Project Year, Owner shall deliver to Operator a list of the various qualitative factors to be used by Owner in its subjective evaluation of Operator's performance for the remainder of such Project Year. Based on Owner's subjective evaluation of Operator's performance during a Project Year, Owner shall, in Owner's sole and complete discretion, either award Operator a bonus of up to Thirty-One Thousand Two Hundred Fifty and 00/100 Dollars ($31,250.00) or assess Operator liquidated damages of up to Thirty-One Thousand Two Hundred Fifty and 00/100 Dollars ($31,250.00) under the Subjective Factors category of the AFAA for such Project Year.
Sample 1
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Subjective Factors. The Subjective Factors shall include: (a) resident/family satisfaction; (b) program director retention; (c) succession planning; (d) regulatory compliance; (e) innovation in services, products and procedures and such other factors as Executive and the President and Chief Executive Officer shall agree upon. Specific goals for the year-end assessment of these factors ("STANDARDS OF PERFORMANCE") will be proposed by Executive not later than January 10, 2001, for review and appraisal of the President and Chief Executive Officer. Executive's monthly management report shall highlight progress or problems encountered in their pursuit. The determination of Executive's achievement of the Subjective Factors shall be made at the discretion of the President and Chief Executive Officer based upon his assessment of Executive's accomplishments regarding these Factors. In performing this review, the President and Chief Executive Officer will include Executive's self-appraisal of Executive's performance as communicated in the regular monthly management reports and a year-end report which shall be due by January 30, 2002. Exhibit 10.23 EXHIBIT "B" FORM OF SEPARATION AGREEMENT AND RELEASE This Separation Agreement and Release ("AGREEMENT") is made and entered into as of this _____ day of ______________, ______, by and between Assisted Living Concepts, Inc. and one or more of its Affiliates (collectively, "COMPANY"), and ______________________ ("EMPLOYEE") in order to provide the terms and conditions of Employee's termination of employment, to fully and completely resolve any and all issues that Employee may have in connection with Employee's employment with Company or the termination of that employment, and to promote an amicable long-term relationship between Company and Employee. In consideration of the mutual promises and conditions contained herein, the parties agree as follows:
Sample 1
Subjective Factors. The factors which have direct impact to air travelers and can be decided by air travelers are categorized as subjective factors. The segmentation of subjective factors is listed below: Air travelers’ characteristics: Air travelers’ gender, age, education background, occupation and income can directly influence the air travelers’ behavior. For example, high income groups are less elastic to ticket fare, instead, income in relatively low groups are more elastic to ticket fare. Travel purpose: Air travelers may have different travel behavior depend on different travel purpose. Even same air traveler’ can have different travel behavior for different travel purposes. Psychological factors of air travelers: Since different air travelers have different psychological characteristics, air travelers may have different travel behavior. Economist travelers prefer to low cost aviation products, for the travelers who have showing off personal psychology, they may choose well-known airline or first class cabins to denote status.
Sample 1

Related to Subjective Factors

  • Performance Measure The specific representation of a process or outcome that is relevant to the assessment of performance; it is quantifiable and can be documented

  • Performance Criteria The Performance Criteria are set forth in Exhibit A to this Agreement.

  • Performance Measures The System Agency will monitor the Grantee’s performance of the requirements in Attachment A and compliance with the Contract’s terms and conditions.

  • Performance Goals A. The Trust and State Street have developed mutually acceptable performance goals dated March 1, 2011 , and as may be amended from time to time, regarding the manner in which they expect to deliver and receive the services under this Agreement (hereinafter referred to as “Service Level Agreement”). The parties agree that such Service Level Agreement reflects performance goals and any failure to perform in accordance with the provisions thereof shall not be considered a breach of contract that gives rise to contractual or other remedies. It is the intention of the parties that the sole remedy for failure to perform in accordance with the provisions of the Service Level Agreement, or any dispute relating to performance goals set forth in the Service Level Agreement, will be a meeting of the parties to resolve the failure pursuant to the consultation procedure described in Sections V. B. and V.C. below. Notwithstanding the foregoing, the parties hereby acknowledge that any party’s failure (or lack thereof) to meet the provisions of the Service Level Agreement, while not in and of itself a breach of contract giving rise to contractual or other remedies, may factor into the Trust’s reasonably determined belief regarding the standard of care exercised by State Street hereunder.

  • Performance Objectives 4.1 The Performance Plan (Annexure A) sets out-

  • Performance Targets Threshold, target and maximum performance levels for each performance measure of the performance period are contained in Appendix B.

  • Acceptance Criteria 6.7.2.1. During the test there shall be no evidence of:

  • Goals Goals define availability, performance and other objectives of Service provisioning and delivery. Goals do not include remedies and failure to meet any Service Goal does not entitle Customer to a Service credit.

  • Performance Goal (a) Subject to the following sentence, the Performance Goal is set out in Appendix A hereto, which Appendix A is incorporated by reference herein and made a part hereof. Notwithstanding the foregoing, the provisions of Section 13 or any other provision of A-1 this Agreement to the contrary, the Committee reserves the right to unilaterally change or otherwise modify the Performance Goal in any manner whatsoever (including substituting a new Performance Goal), but only to the extent that the Committee has first determined that the exercise of such discretion would not cause the Performance Share Units to fail to qualify as “performance-based compensation” under Section 162(m) of the Code. If the Committee exercises such discretionary authority to any extent, the Committee shall provide the Grantee with a new Appendix A in substitution for the Appendix A attached hereto, and such new Appendix A and the Performance Goal set out therein (rather than the Appendix A attached hereto and the Performance Goal set out therein) shall in all events apply for all purposes of this Agreement.

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