Performance Agreements. There are no guarantees of performance at pre-defined service levels under any agreements relating to Client Accounts.
or the , as the case may be, shall have executed and delivered each of the agreements, instruments and documents required to be executed and delivered, and performed all actions required to be performed by or any of the , as the case may be, pursuant to this Agreement, except as Cosmos has otherwise consented in writing.
The Company and the Shareholders shall have duly performed and complied with all covenants and obligations agreed to by them as contained in this Agreement or any other Transaction Document that are required to be performed or complied with by them on or before the Closing Date.
Survival of Agreements; Performance. Except as otherwise contemplated by this Services Agreement, all covenants and agreements of the Parties contained in this Services Agreement shall survive the Effective Time and remain in full force and effect in accordance with their applicable terms. Each Party shall cause to be performed, and hereby guarantees the performance of, all actions, agreements and obligations set forth herein to be performed by any Affiliate of such Party, and with respect to any services to be provided hereunder by a Provider through a Third Party, the applicable Provider shall use commercially reasonable efforts to enforce any rights that such Provider has against such Third Party to the extent necessary to ensure that such Third Party performs such services in accordance with the terms of this Services Agreement.
Performance Share Awards and Agreements. A Performance Share Award is a right to receive Shares in the future conditioned upon the attainment of specified performance objectives and such other conditions, restrictions and contingencies as the Committee may determine. Each Performance Share Award granted under this Plan will be evidenced by minutes of a meeting, or by a unanimous written consent without a meeting, of the Committee and by an Award Agreement dated as of the Date of Grant and executed by the Company and by the Plan participant. The timing of Performance Share Awards and the number of Shares covered by each Award (subject to [Section 3.2]) are to be determined by the Committee in its discretion. By accepting a grant of Performance Shares, the participant agrees to remit to the Company when due any tax withholding as provided in [Article 15].
Performance and Compliance with Agreements. The Borrower will, at its expense, timely and fully perform and comply (or cause # to perform and comply pursuant to this Agreement and other Basic Documents to which is a party or # each Originator to perform and comply pursuant to the First Tier Master Purchase Agreement) with all provisions, covenants and other promises required to be observed by it under the Basic Documents and the Contracts.
Agreements. Entered into any agreement, or otherwise obligated itself, to do any of the foregoing.
Agreements. Except for Permitted Encumbrances, neither nor any Party is party to any agreement or instrument (including any Major Contract), or subject to any restriction, which could reasonably be expected to materially adversely affect or the Property, or ’s business, properties or assets, operations or condition, financial or otherwise. has not entered into any Major Contract other than those disclosed to in writing prior to the Closing Date. has delivered to true, correct and complete copies of all Major Contracts. Each of the Major Contracts is in full force and effect. Neither nor any Party, nor (to ’s knowledge, any prior owner of the Property) is in default in any material respect in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any Major Contract or any other agreement or instrument to which it is a party or by which or the Property are bound. has no material financial obligation under any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which is a party or by which or the Property is otherwise bound, other than # obligations incurred in the ordinary course of the operation of the Property as permitted pursuant to [Section 5.1] hereof, and # obligations under the Loan Documents. The Loan Documents contain provisions that render the rights and remedies of adequate for the practical realization against the Property of the principal benefits of the security intended to be provided thereby, including realization by judicial or, if applicable, nonjudicial foreclosure.
Performance. The Licensed IP, including but not limited to the software and Configuration Data shall be treated in accordance with [Article 10] of the Services Agreement mutatis mutandis; provided, however, that Facility IP developed under the EPC Agreement shall be provided on an as-is, where-is basis and without warranty. In addition to re-performance under [Article 10] of the Services Agreement (to the extent required thereby), Service Provider agrees to use commercially reasonable efforts during the term of the Services Agreement and subject to the terms and conditions therein, at Owners’ request and expense, to provide updates, corrections, replacements, repairs, and other work to ensure that Facility software, hardware, Configuration Data, or other physical deliverables meet Owners’ needs.
Performance. All services to be performed by you will be as agreed between you and the Chief Executive Officer of the Company. Except as required for attendance at SAB and CAB meetings or specifically requested by the Company, the manner in which the services are to be performed and the specific hours to be worked shall be determined by you. You shall report to the Chief Executive Officer, or other Company officer designated by the Company, concerning your services performed under this Agreement.
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