Non-Performance definition

Non-Performance. ’ shall mean default on a contract in the public/ government sector by willfully or negligently:

Non-Performance means and includes without limitation, Customer complaints, Goods or Services which do not conform to the Agreement, inferior quality of work carried out or materials supplied by the Supplier.

Non-Performance means the failure to meet the complete terms and conditions of this Contract including, but not limited to, the response time. In the event of such cancellation, the County retains the right to claim damages as a result of such default.

Examples of Non-Performance in a sentence

• Upon resolution of any such Dispute the Non-Performance Holdback (or any greater or lesser amount agreed to by the parties in lieu thereof) shall be paid promptly to the Service Provider or the Receiving Party, as applicable, as shall be determined in accordance with the resolution of such Dispute.

• Other than with respect to any Non-Performance Holdbacks (as defined in Section 2.5(c)), payments that are not timely paid shall be subject to late charges, calculated at an interest rate per annum equal to the Prime Rate (or the maximum legal rate, whichever is lower), and calculated for the actual number of days elapsed, accrued from the date on which such payment was due up to the date of the actual receipt of payment.

• Hence, common profiles are established and assigned a Probability of Non-Performance (PNP) and a recovery rate based on a historical analysis known as Severity (SEV).Therefore, once the customers have been profiled, and the loan’s profile assigned a PNP and a SEV, the exposure at default (EXP) is calculated.

• The existence or occurrence of any one or more of the following will constitute an “Event of Default” under this Note:4.1 Non-Performance.

• Participants who experience a Termination Due to Workforce Restructuring or Termination Due to Non-Performance shall be eligible to receive continued basic life insurance coverage for the greater of (a) three months or (b) the number of weeks of severance under Section 3.01 (to a maximum of 12 months) following his or her Employment Termination Date.

More Definitions of Non-Performance

Non-Performance. 23rd: This lease and the obligation of the Tenant to pay the Paid by Landlord rent hereunder and to comply with the covenant conditions hereof, shall not be affected, curtailed, impaired or excused because of the Landlord's inability to supply any service or material called for herein, by reason of any rule, order, regulations or pre-emption by any governmental entity, authority, department, agency or subdivision or for any delay which may arise by reason of negotiations for the adjustment of any fire or other casualty loss or because of strikes or other labor trouble or for any cause beyond the control of the Landlord.

Non-Performance means the: (i) failure of the Company to achieve an EBITDA of the Company of the Base Year Amount for the Base Year and/or (ii) failure of the Company to achieve a compounded annual growth rate of at least 3.5% in the EBITDA of the Company in each and every subsequent twelve month period (each such period commencing with the calendar quarter in which an anniversary of the Effective Date occurs) during the Employment Term. Notwithstanding the foregoing, in the event of a Corporate Transaction, if the Board determines that the above non-performance targets should be adjusted, then the parties shall equitably and in good faith negotiate the adjustment of the above non-performance targets to appropriately account for such event.

Non-Performance means the repeated failure by Employee to substantially perform his duties with the Company (other than any such failure resulting from Employee’s incapacity due to physical or mental illness or any such actual or anticipated failure after the issuance of a Notice of Termination by Employee for Good Reason), after a written notice for substantial performance is delivered to Employee by the Committee or CEO, which notice specifically identifies the manner in which the Committee or CEO believes that Employee has not substantially performed his duties and Employee fails to correct his performance to the satisfaction of the Committee or CEO in their sole discretion within ninety (90) days following the delivery of the notice of substantial performance has been given to Employee.

Non-Performance means the determination by a majority of the Board of Directors, in their sole and absolute discretion, that the Executive refuses or is not performing the duties or obligations as defined by this Agreement. The Board shall provide the Executive with written notice which specifically identifies the manner in which the Board believes Executive is not performing the duties and obligations as defined herein.

Non-Performance means the repeated failure by Employee to substantially perform his duties with the Company (other than any such failure resulting from Employee's incapacity due to physical or mental illness or any such actual or anticipated failure after the issuance of a Notice of Termination by Employee for Good Reason), after a written notice for substantial performance is delivered to Employee by the Committee or CEO, which notice specifically identifies the manner in which the Committee or CEO believes that Employee has not substantially performed his duties and Employee fails to correct his performance to the satisfaction of the Committee or CEO in their sole discretion within ninety (90) days following the delivery of the notice of substantial performance has been given to Employee.

Non-Performance means if Concessionaire fails to provide the services continually for seventeen (17) days it will be treated as non-performance. InterpretationIn this Agreement, unless the context otherwise requires,

Non-Performance means the inability of SMIC to completely fulfill Spansion production Purchase Orders within SMIC’s standard order leadtime.