Sentences with phrase «under a performance contract»

Not exact matches

Important factors that could cause actual results to differ materially from those reflected in such forward - looking statements and that should be considered in evaluating our outlook include, but are not limited to, the following: 1) our ability to continue to grow our business and execute our growth strategy, including the timing, execution, and profitability of new and maturing programs; 2) our ability to perform our obligations under our new and maturing commercial, business aircraft, and military development programs, and the related recurring production; 3) our ability to accurately estimate and manage performance, cost, and revenue under our contracts, including our ability to achieve certain cost reductions with respect to the B787 program; 4) margin pressures and the potential for additional forward losses on new and maturing programs; 5) our ability to accommodate, and the cost of accommodating, announced increases in the build rates of certain aircraft; 6) the effect on aircraft demand and build rates of changing customer preferences for business aircraft, including the effect of global economic conditions on the business aircraft market and expanding conflicts or political unrest in the Middle East or Asia; 7) customer cancellations or deferrals as a result of global economic uncertainty or otherwise; 8) the effect of economic conditions in the industries and markets in which we operate in the U.S. and globally and any changes therein, including fluctuations in foreign currency exchange rates; 9) the success and timely execution of key milestones such as the receipt of necessary regulatory approvals, including our ability to obtain in a timely fashion any required regulatory or other third party approvals for the consummation of our announced acquisition of Asco, and customer adherence to their announced schedules; 10) our ability to successfully negotiate, or re-negotiate, future pricing under our supply agreements with Boeing and our other customers; 11) our ability to enter into profitable supply arrangements with additional customers; 12) the ability of all parties to satisfy their performance requirements under existing supply contracts with our two major customers, Boeing and Airbus, and other customers, and the risk of nonpayment by such customers; 13) any adverse impact on Boeing's and Airbus» production of aircraft resulting from cancellations, deferrals, or reduced orders by their customers or from labor disputes, domestic or international hostilities, or acts of terrorism; 14) any adverse impact on the demand for air travel or our operations from the outbreak of diseases or epidemic or pandemic outbreaks; 15) our ability to avoid or recover from cyber-based or other security attacks, information technology failures, or other disruptions; 16) returns on pension plan assets and the impact of future discount rate changes on pension obligations; 17) our ability to borrow additional funds or refinance debt, including our ability to obtain the debt to finance the purchase price for our announced acquisition of Asco on favorable terms or at all; 18) competition from commercial aerospace original equipment manufacturers and other aerostructures suppliers; 19) the effect of governmental laws, such as U.S. export control laws and U.S. and foreign anti-bribery laws such as the Foreign Corrupt Practices Act and the United Kingdom Bribery Act, and environmental laws and agency regulations, both in the U.S. and abroad; 20) the effect of changes in tax law, such as the effect of The Tax Cuts and Jobs Act (the «TCJA») that was enacted on December 22, 2017, and changes to the interpretations of or guidance related thereto, and the Company's ability to accurately calculate and estimate the effect of such changes; 21) any reduction in our credit ratings; 22) our dependence on our suppliers, as well as the cost and availability of raw materials and purchased components; 23) our ability to recruit and retain a critical mass of highly - skilled employees and our relationships with the unions representing many of our employees; 24) spending by the U.S. and other governments on defense; 25) the possibility that our cash flows and our credit facility may not be adequate for our additional capital needs or for payment of interest on, and principal of, our indebtedness; 26) our exposure under our revolving credit facility to higher interest payments should interest rates increase substantially; 27) the effectiveness of any interest rate hedging programs; 28) the effectiveness of our internal control over financial reporting; 29) the outcome or impact of ongoing or future litigation, claims, and regulatory actions; 30) exposure to potential product liability and warranty claims; 31) our ability to effectively assess, manage and integrate acquisitions that we pursue, including our ability to successfully integrate the Asco business and generate synergies and other cost savings; 32) our ability to consummate our announced acquisition of Asco in a timely matter while avoiding any unexpected costs, charges, expenses, adverse changes to business relationships and other business disruptions for ourselves and Asco as a result of the acquisition; 33) our ability to continue selling certain receivables through our supplier financing program; 34) the risks of doing business internationally, including fluctuations in foreign current exchange rates, impositions of tariffs or embargoes, compliance with foreign laws, and domestic and foreign government policies; and 35) our ability to complete the proposed accelerated stock repurchase plan, among other things.

Pearson filed the suit on Monday in the U.S. District Court of New Jersey, saying Valeant breached his contract by not paying him 580,676 shares and 2.5 million performance shares due in November under the terms of his separation agreement, the Journal reported.

Under the proposed system, Goldman will serve in a market - making capacity for futures contracts that track the performance of bitcoin.

Limitation of Liability Under no circumstances shall Kontos Foods be liable for any damages or injury, including any direct, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use, this website or any materials in this website, whether in an action of contract, negligence or otherwise, arising out of or in connection with the use or performance of this website or information available in this website.

He's been suspended a full season for performance - enhancing drugs, maligned in the media ever since he first signed the richest contract in baseball history in 2000 and has somehow been even more under the microscope since joining the New York Yankees before the 2004 season.

When Bellerin first came into the side he not only defended well but was always so dangerous going forward.His pace and ability to go outside his marker gave us an attacking outlet that allowed us to play without a recognised right sided attacker which coincided with Walcott getting less and less game time.We all thought this boy was going to turn into someone very special and so obviously did the management who apparently renewed his contract on a reputed # 100k per week.What have we seen since then?A player that seems as indecisive and under coached as the rest of the defenders at the club.A player that has rarely delivered a performance that reflected his initial early form.A player whose body language seems to display his displeasure at being at our club when Barcelona reputedly offered # 40m for him in the close season.

Time for some brutal honesty... this team, as it stands, is in no better position to compete next season than they were 12 months ago, minus the fact that some fans have been easily snowed by the acquisition of Lacazette, the free transfer LB and the release of Sanogo... if you look at the facts carefully you will see a team that still has far more questions than answers... to better show what I mean by this statement I will briefly discuss the current state of affairs on a position - by - position basis... in goal we have 4 potential candidates, but in reality we have only 1 option with any real future and somehow he's the only one we have actively tried to get rid of for years because he and his father were a little too involved on social media and he got caught smoking (funny how people still defend Wiltshire under the same and far worse circumstances)... you would think we would want to keep any goaltender that Juventus had interest in, as they seem to have a pretty good history when it comes to that position... as far as the defenders on our current roster there are only a few individuals whom have the skill and / or youth worthy of our time and / or investment, as such we should get rid of anyone who doesn't meet those simple requirements, which means we should get rid of DeBouchy, Gibbs, Gabriel, Mertz and loan out Chambers to see if last seasons foray with Middlesborough was an anomaly or a prediction of things to come... some fans have lamented wildly about the return of Mertz to the starting lineup due to his FA Cup performance but these sort of pie in the sky meanderings are indicative of what's wrong with this club and it's wishy - washy fan - base... in addition to these moves the club should aggressively pursue the acquisition of dominant and mobile CB to stabilize an all too fragile defensive group that has self - destructed on numerous occasions over the past 5 seasons... moving forward and building on our need to re-establish our once dominant presence throughout the middle of the park we need to target a CDM then do whatever it takes to get that player into the fold without any of the usual nickel and diming we have become famous for (this kind of ruthless haggling has cost us numerous special players and certainly can't help make the player in question feel good about the way their future potential employer feels about them)... in order for us to become dominant again we need to be strong up the middle again from Goalkeeper to CB to DM to ACM to striker, like we did in our most glorious years before and during Wenger's reign... with this in mind, if we want Ozil to be that dominant attacking midfielder we can't keep leaving him exposed to constant ridicule about his lack of defensive prowess and provide him with the proper players in the final third... he was never a good defensive player in Real or with the German National squad and they certainly didn't suffer as a result of his presence on the pitch... as for the rest of the midfield the blame falls squarely in the hands of Wenger and Gazidis, the fact that Ramsey, Ox, Sanchez and even Ozil were allowed to regularly start when none of the aforementioned had more than a year left under contract is criminal for a club of this size and financial might... the fact that we could find money for Walcott and Xhaka, who weren't even guaranteed starters, means that our whole business model needs a complete overhaul... for me it's time to get rid of some serious deadweight, even if it means selling them below what you believe their market value is just to simply right this ship and change the stagnant culture that currently exists... this means saying goodbye to Wiltshire, Elneny, Carzola, Walcott and Ramsey... everyone, minus Elneny, have spent just as much time on the training table as on the field of play, which would be manageable if they weren't so inconsistent from a performance standpoint (excluding Carzola, who is like the recent version of Rosicky — too bad, both will be deeply missed)... in their places we need to bring in some proven performers with no history of injuries... up front, although I do like the possibilities that a player like Lacazette presents, the fact that we had to wait so many years to acquire some true quality at the striker position falls once again squarely at the feet of Wenger... this issue highlights the ultimate scam being perpetrated by this club since the arrival of Kroenke: pretend your a small market club when it comes to making purchases but milk your fans like a big market club when it comes to ticket prices and merchandising... I believe the reason why Wenger hasn't pursued someone of Henry's quality, minus a fairly inexpensive RVP, was that he knew that they would demand players of a similar ilk to be brought on board and that wasn't possible when the business model was that of a «selling» club... does it really make sense that we could only make a cheeky bid for Suarez, or that we couldn't get Higuain over the line when he was being offered up for half the price he eventually went to Juve for, or that we've only paid any interest to strikers who were clearly not going to press their current teams to let them go to Arsenal like Benzema or Cavani... just part of the facade that finally came crashing down when Sanchez finally called their bluff... the fact remains that no one wants to win more than Sanchez, including Wenger, and although I don't agree with everything that he has done off the field, I would much rather have Alexis front and center than a manager who has clearly bought into the Kroenke model in large part due to the fact that his enormous ego suggests that only he could accomplish great things without breaking the bank... unfortunately that isn't possible anymore as the game has changed quite dramatically in the last 15 years, which has left a largely complacent and complicit Wenger on the outside looking in... so don't blame those players who demanded more and were left wanting... don't blame those fans who have tried desperately to raise awareness for several years when cracks began to appear... place the blame at the feet of those who were well aware all along of the potential pitfalls of just such a plan but continued to follow it even when it was no longer a financial necessity, like it ever really was...

From refusing to work with certain top agents because of what he saw as their skewed moral compasses, to categorically avoiding to ever throw a player under contract at Arsenal under the bus at any point, no matter how poor the performances were collectively or their performances were individually.

Providing for benefit payments and the performance of contract obligations under no - year or multi-year or other funds remaining available for those purposes;

Providing for benefit payments (i.e., social security and veterans benefits) and the performance of contract obligations under no - year or multi-year or other funds remaining available for those purposes;

Merit pay would be anathema for the U.F.T., and fundamental disagreements about pay based on performance prevented the union from agreeing to a contract under the Bloomberg administration.

The audit sampled 12 contracts whose vendors had poor performance scores and found that seven vendors with nine contracts totaling $ 114 million had cases where children under their care were abused by employees or foster parents.

The commissioner says New York teachers who are seeking more input into standardized tests that will be used to rate their performance, will get more chances to design tests going forward, under a new contract signed with testing company Questar.

The commissioner said New York teachers, who are seeking more input into standardized tests that will be used to rate their performance, will get more chances to design tests going forward, under a new contract signed with testing company Questar.

THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The GNF2 high performance fuel that will be supplied under the contract will be fabricated by GNF at its facility Wilmington, North Carolina.

The U.S. Department of Energy (DOE) has recognized PPPL's strong performance under Prager by extending the University's current contract to manage the Laboratory to 2018, with a further extension to 2019 likely.

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IN NO EVENT SHALL TOMMY BAHAMA OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE WEBSITE, EVEN IF TOMMY BAHAMA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Schools operating under the alternative contract would be free to evaluate teachers based on student performance and evaluation, as well as classroom observation and other evidence.

His salary, under a four - year contract that the school board approved April 6, will be $ 200,000, plus possible performance bonuses and other additions that could bring the total to $ 268,000 a year.

The task of instruction would fall instead on profit - seeking «entrepreneurs... under contract with the school system... and paid on the basis of increased performance on standardized tests.»

Charter schools are public schools of choice that are privately managed under a renewable performance contract that exempts them from many of the regulations that apply to other public schools.

Charter schools are nontraditional specialty schools operating under a contract that outlines powers, responsibilities and performance expectations replacing many state statutes governing public schools.

Instructional personnel on annual contract as of July 1, 2014, shall be placed on the performance salary schedule adopted under subparagraph 5.

Under the new contract, Newark teachers would be under two salary guides: one for new teachers and those with bachelor's degrees, all of whom would be eligible for the performance bonuses of up to $ 12Under the new contract, Newark teachers would be under two salary guides: one for new teachers and those with bachelor's degrees, all of whom would be eligible for the performance bonuses of up to $ 12under two salary guides: one for new teachers and those with bachelor's degrees, all of whom would be eligible for the performance bonuses of up to $ 12,500.

«A charter system is a school district that operates under a performance - based contract between the local board and the state board of education.

Extensive monitoring and evaluation ensures that the high - performing school is only paid under the terms of the contract if they are deemed to have been successful in turning around the performance of the lesser - performing school.

Under such an arrangement, the SEA authorizes outside organizations to take on these responsibilities, distributes funds to them, grants them significant authority and flexibility, and develops performance contracts by which to hold them accountable for meeting the state's goals.

Under this proposal, the state would engage in a three - way performance - based contract with an investor who would agree to pay for services and a private provider who would agree to administer it.

She said that although she was entitled to the bonus compensation under her contract, «In light of reporting today on communication between the board of education and my attorneys... I will not seek a bonus for my performance over the past year.»

While the new managers of Philadelphia schools will operate with increased freedom from the central school district, they will also face demanding performance standards; under the plan, they can lose their contract for any school where a majority of students fails to reach the average score on state tests after three years.

All requests for the testimony of the Contractor or its employees, and any intention to testify as an expert witness relating to: (a) any work required by, and / or performed under, this contract; or (b) any information provided by any party to assist the Contractor in the performance of this contract, shall be immediately reported to the Contracting Officer.

(i) The Contractor shall ensure that its employees, in performance of the contract performing under this contract, receive annual IT security training in accordance with OMB Circular A-130, FISMA, and NIST requirements, as they may be amended from time to time during the term of this contract, with a specific emphasis on rules of behavior.

However, the contracting activity shall give advance notice to the SBA before it issues a final notice terminating performance, either in whole or in part, under the contract.

(b)(1) Except as provided in paragraph (b)(2) of this clause, and unless otherwise specifically provided in the contract, all operational practices of the Contractor and all workmanship, material, equipment, and articles used in the performance of work under this contract shall be in accordance with the best commercial marine practices and the rules and requirements of all appropriate regulatory bodies including, but not limited to the American Bureau of Shipping, the U.S. Coast Guard, and the Institute of Electrical and Electronic Engineers, in effect at the time of Contractor's submission of offer, and shall be intended and approved for marine use.

(i) Casualty, accident, and liability insurance, as approved by the Contracting Officer, insuring the performance of its obligations under paragraph (c) of this clause.

Tuscany is an independent aftermarket coachbuilder that contracts with Ford to upgrade trucks with special packages and performance modifications before selling them at Ford dealerships and covered under Ford's new - vehicle warranty.

Standby Letter of Credit With a Standby Letter of Credit, Webster supports your monetary obligations, or your financial performance under a contract.

Consideration is the thing of value that is exchanged in return for the other party's performance or future performance under the contract.

However, if you need a performance bond for a smaller contract (about $ 350K and under) your credit issues can not be severe.

Margin — the amount of money that must be deposited by both buyers and sellers to ensure performance of the person's obligations under a futures contract.

Under no circumstances will the sites or the Chopra parties be liable to you for any loss or damages of any kind that are directly or indirectly related to the sites, the materials in the sites, the downloadable items, user content, your use or inability to use, or the performance of the sites, any action taken in connection with an investigation by the sites or law enforcement authorities regarding your use of the sites, and action taken in connection with copyright or other intellectual property owners, any errors or omission in the sites, technical operation, or any damage to any users computer, hardware, software, wireless devices, cellular phone, modem or other equipment or technology, including without limitation damage from any security breach or from any virus, bugs, tampering, fraud, scam, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, even if foreseeable or even if the sites or Chopra parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort.

12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of the Surf School owners» obligations under a Contract that is caused by events outside our or the Surf School owners» reasonable control (Force Majeure Event).

13.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

Energy service companies act under energy performance contracts through which they pay for the investments and recover their investment through the saved energy.

Subtitle E: Improvements in Energy Savings Performance Contracting -(Sec. 251) Revises provisions concerning energy savings performance contracts (ESPCs) for federal agencies by: (1) establishing competition requirements for specific ESPC task orders; (2) expanding the allowable types of energy transactions under ESPCs to include thermal forms of renewable energy; and (3) making on - site renewable energy production eligible for helping agencies meet renewable energy rePerformance Contracting -(Sec. 251) Revises provisions concerning energy savings performance contracts (ESPCs) for federal agencies by: (1) establishing competition requirements for specific ESPC task orders; (2) expanding the allowable types of energy transactions under ESPCs to include thermal forms of renewable energy; and (3) making on - site renewable energy production eligible for helping agencies meet renewable energy reperformance contracts (ESPCs) for federal agencies by: (1) establishing competition requirements for specific ESPC task orders; (2) expanding the allowable types of energy transactions under ESPCs to include thermal forms of renewable energy; and (3) making on - site renewable energy production eligible for helping agencies meet renewable energy requirements.

By awarding contracts through the National Renewable Energy Laboratory under the DOE - funded Distributed Wind Competitiveness Improvement Project (CIP), the goal is to make wind energy from small - and medium - sized turbines cost competitive with other distributed generation technologies and increase the number of wind - turbine designs certified to national safety and performance standards.

When entering into contracts with non-public authority contractors, public authorities may be under pressure to accept confidentiality clauses so that information relating to the terms of the contract, its value and performance will be exempt from disclosure.

Aside from the obvious issues where someone is back - dating a contract to commit some type of fraud, back - dating raises a whole host of unforeseen consequences with regards to a party's performance under the contract as well as the rights of third parties.