Performance Deficiency Sample Clauses

Performance Deficiency. The Department or Customer may, in its sole discretion, notify the Contractor of the deficiency to be corrected, which correction must be made within a time-frame specified by the Department or Customer. The Contractor must provide the Department or Customer with a corrective action plan describing how the Contractor will address all issues of contract non-performance, unacceptable performance, and failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance.
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Performance Deficiency. If the Agency determines that the performance of the Contractor is unsatisfactory, the Agency may notify the Contractor of the deficiency to be corrected, which correction shall be made within a time-frame specified by the Agency. The Contractor shall provide the Agency with a corrective action plan describing how the Contractor will address all issues of contract non-performance, unacceptable performance, and failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Agency, the Contractor will be assessed a non-performance retainage equivalent to 10% of the total invoice amount or as specified in the contractual documents. The retainage will be applied to the invoice for the then-current billing period. The retainage will be withheld until the Contractor resolves the deficiency. If the deficiency is subsequently resolved, the Contractor may invoice the Agency for the retained amount during the next billing period. If the Contractor is unable to resolve the deficiency, the funds retained will be forfeited.
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Performance Deficiency. In addition to the processes set forth in section 2.3 of the Contract, if the Department or Customer determines that the performance of the Contractor is unsatisfactory, the Department or Customer may notify the Contractor of the deficiency to be corrected, which correction shall be made within a time-frame specified by the Department or Customer. The Contractor shall provide the Department or Customer with a corrective action plan describing how the Contractor will address all issues of contract non-performance, Office Supplies unacceptable performance, and failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance.
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Performance Deficiency. A performance deficiency includes either an overall ineffective rating or an ineffective rating on any of the components of the OTES Rubric.
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Performance Deficiency. If the Coalition determines that the performance of the Vendor is unsatisfactory, the Coalition will notify the Vendor of the deficiency to be corrected, which correction shall be made within a time-frame specified by the Coalition. The Vendor shall, within the time specified in the contractual documents after notice from the Coalition, provide the Coalition with a corrective action plan describing how the Vendor will address all issues of non-performance, unacceptable performance, and failure to meet the minimum performance levels, deliverable deficiencies, or contract non- compliance. If the corrective action plan is unacceptable to the Coalition, the Vendor may be assessed a non-performance retainage equivalent to 10% of the total invoice amount or as specified in the contractual documents. The retainage will be applied to the invoice for the then- current billing period. The retainage will be withheld until the Vendor resolves the deficiency. If the deficiency is subsequently resolved, the Vendor may bill the Coalition for the retained amount during the next billing period. If the Vendor is unable to resolve the deficiency, the funds retained may be forfeited at the end of the agreement period. for compliance with specifications. Items delivered not conforming to specifications may be rejected and returned at Vendor’s expense. Any increase in cost will be charged against the Vendor. Interest penalties for late payment are also provided for in Section 215.422, F.S. A Vendor Ombudsman, whose duties include acting as an advocate for Vendors who may be experiencing problems in obtaining timely payment(s) from a State Agency /Coalition may be contacted at 000-000-0000 or by calling the State Comptroller’s Hotline, 0-000-000-0000.
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Performance Deficiency. The Solution not meeting any one of the Solution Performance Requirements set forth in Exhibit C (Service Level Agreement) and/or Attachment C.5 (Solution Response Time Requirements) to Exhibit C (Service Level Agreement).
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Performance Deficiency. If University determines that the performance by the Subrecipient is unsatisfactory, the University will notify the Subrecipient of the deficiency to be corrected. The correction shall be made within the time-frame specified by the University. The time-frame given will depend on the nature of the deficiency. If the deficiency is not adequately remedied within the specified time frame, University may withhold payment of the subaward until such deficiency is corrected.
Sample 1
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Performance Deficiency. If the Coalition determines that the performance of the Vendor is unsatisfactory, the Coalition will notify the Vendor of the deficiency to be corrected, which correction shall be made within a time-frame specified by the Coalition. The Vendor shall, within the time specified in the contractual documents after notice from the Coalition, provide the Coalition with a corrective action plan describing how the Vendor will address all issues of non-performance, unacceptable performance, and failure to meet the minimum performance levels, deliverable deficiencies, or contract non- compliance. If the corrective action plan is unacceptable to the Coalition, the Vendor may be assessed a non-performance retainage equivalent to 10% of the total invoice amount or as specified in the contractual documents. The retainage will be applied to the invoice for the then- current billing period. The retainage will be withheld until the Vendor resolves the deficiency. If the deficiency is subsequently resolved, the Vendor may bill the Coalition for the retained amount during the next billing period. If the Vendor is unable to resolve the deficiency, the funds retained may be forfeited at the end of the agreement period.
Sample 1
Performance Deficiency. The Department or Customer may, in its sole discretion, notify the Broker of the deficiency to be corrected, which correction shall be made within a time-frame specified by the Department or Customer. The Broker must provide the Department or Customer with a corrective action plan describing how the Broker will address all issues of contract non-performance, unacceptable performance, and failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. Documented inability to perform under the conditions of the insurance policy and/or an inability to correct deficiencies identified in a corrective action plan within the specified time frame may result in default proceedings and/or termination.
Sample 1

Related to Performance Deficiency

  • Performance Delay Time is of the essence in the Vendor’s performance of this Agreement. If at any time it appears to Vendor that it may not meet any of the performance schedules or the scheduled completion date of the services to be performed for any reason, including labor disputes, Vendor shall immediately by verbal means (to be confirmed in writing) notify Customer of the reasons for and the estimated duration of such delay. If requested by Customer, Vendor shall make every effort to avoid or minimize the delay to the maximum extent possible including the expenditure of premium time. Any additional cost caused by these requirements of Customer shall be borne by Vendor, unless the delay in performance arises out of causes beyond the control and without the fault or negligence of Vendor or its subcontractors within the meaning of the Cancellation- Default clause herein. The foregoing requirements are in addition to any of Customer’s other rights and remedies as may be provided by law or this Agreement.

  • Acceptance/Performance Test 4.7.1 Prior to synchronization of the Power Project, the SPD shall be required to get the Project certified for the requisite acceptance/performance test as may be laid down by Central Electricity Authority or an agency identified by the central government to carry out testing and certification for the solar power projects.

  • Excuse for Nonperformance or Delayed Performance Except with respect to defaults of subcontractors, Contractor/Vendor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor/Vendor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor has notified the Commission or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the Commission or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

  • Ongoing Performance Measures The Department intends to use performance-reporting tools in order to measure the performance of Contractor(s). These tools will include the Contractor Performance Survey (Exhibit H), to be completed by Customers on a quarterly basis. Such measures will allow the Department to better track Vendor performance through the term of the Contract(s) and ensure that Contractor(s) consistently provide quality services to the State and its Customers. The Department reserves the right to modify the Contractor Performance Survey document and introduce additional performance-reporting tools as they are developed, including online tools (e.g. tools within MFMP or on the Department's website).

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