DUE PERFORMANCE definition

DUE PERFORMANCE each of the Relevant Selling Fund and Party A has duly and punctually performed and observed all the terms and conditions of that Transaction on its part to be performed and observed;
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DUE PERFORMANCE it has duly and punctually performed and observed all the terms and conditions of that Transaction on its part to be performed and observed;
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DUE PERFORMANCE each of the Relevant Selling Sub-Fund, in the case of the Manager, and Party A, in the case of Party A, has duly and punctually performed and observed all the terms and conditions of that Transaction on its part to be performed and observed;
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Examples of DUE PERFORMANCE in a sentence

  • DUE PERFORMANCE: Each party to this Agreement undertakes the obligation that the other's expectation of receiving due performance will not be impaired.

  • See, e.g., MATTHEW CONAGLEN, FIDUCIARY LOYALTY: PROTECTING THE DUE PERFORMANCE OF NON-FIDUCIARY DUTIES (2010); LEONARD I.

  • THE FIRST PARTY HAS TO EXECUTE AN INDEMNITY BOND IN FAVOUR OF SECOND PARTY FOR DUE PERFORMANCE OF THE CONTRACT AND SHALL INDEMNIFY STC OF ANY AND ALL COST AND CONSEQUENCES THEREWITH ARISING OUT OF THE PERFORMANCE OF THE CONTRACT WITH M/S (NAME OF “END USER [BUYER]”) IF SHORTLISTED AS BACK-UP SUPPLIER.

  • PERFORMANCE GUARANTEE FOR DUE PERFORMANCE OF THE WORKThe Contractor, on receipt of LOA from Owner shall furnish a Bank Guarantee in line with the enclosed Proforma as per Attachment-4 of Section-V as the Performance Guarantee for an amount equal to ten (10%) percent of the total Contract Basic Price under the Contract for diligent and due fulfillment by the Contractor of all obligations under the terms and conditions of the Contract as stipulated in the payment term herein (Cl.no.

  • MATTHEW CONAGLEN, FIDUCIARY LOYALTY: PROTECTING THE DUE PERFORMANCE OF NON-FIDUCIARY DUTIES 59 (2010) (affirming that “fiduciary duties are proscriptive rather than prescriptive”); Stephen A.

  • SUBJECT TO THE PRECEDING SENTENCE, XXXX IS ONLY LIABLE FOR SLIGHT NEGLIGENCE, IF XXXX IS IN BREACH OF MATERIAL OBLIGATIONS OF THIS XXXX, THE FULFILLMENT OF WHICH FACILITATE THE DUE PERFORMANCE, THE BREACH OF WHICH WOULD ENDANGER THE PURPOSE OF THIS XXXX AND THE COMPLIANCE WITH WHICH END USER MAY CONSTANTLY TRUST IN (SO CALLED “CARDINAL OBLIGATIONS”).

  • Id. 2 Defendants also move to dismiss the pendent state law claims under Rule 12(b)(1) in the event that the Court dismisses the federal claims under Rule 12(b)(6).

  • SHOULD THE CLIENT WISH TO ENGAGE THEIR OWN PREFERRED CONTRACTORS &/OR SUB-CONTRACTORS, ALL WORK, MATERIALS & COSTS WILL BE THE SOLE RESPONSIBILITY OF THE CLIENT FOR DUE PERFORMANCE IN TERMS OF THE BUILDING CONTRACT.

  • The successful Tenderer shall furnish FOR THE DUE PERFORMANCE OF HIS OBLIGATIONS UNDER THE Contract, a Security Deposit equivalent to 5% of the accepted value of the Tender to be calculated on the basis of minimum wages as applicable on the date of floating plus statutory dues as applicable and service charges quoted, considering requirement of 34 personnels within fifteen working days of acceptance of Tender.

  • However, Chiang & Scheffler (2008) introduces the notion of delayed locality for MCS combination.

Related to DUE PERFORMANCE

  • Index Performance means, in relation to an Index and an Auto-Call Valuation Date or the Valuation Date, as the case may be, a percentage calculated by the Calculation Agent in respect of such date in accordance with the following formula: Index Performance =Final Index Level × 100% Initial Index Level

  • Non-Performance Charge means the charge applicable to Capacity Performance Resources as defined in Tariff, Attachment DD, section 10A(e). Nonincumbent Developer:

  • Total Performance means that the entire Work, except those items arising from the provisions of any warranty, have been performed in accordance with the Contract;

  • Environmental Performance means all or any of the following: the consumption of energy and associated generation of greenhouse gas emissions; the consumption of water; waste generation and management; and any other environmental impact arising from the use or operation of the Premises or the Estate;

  • Annual performance report means a written appraisal of the teaching staff member's performance prepared by the teaching staff member’s designated supervisor based on the evaluation rubric for his or her position.

  • Energy savings performance contract means a public contract between a contracting agency and a qualified energy service company for the identification, evaluation, recommendation, design and construction of energy conservation measures, including a design-build contract, that guarantee energy savings or performance.

  • Unsatisfactory Performance means any of the following:

  • Substantial Performance means the stage of completion when:(a) all Work, as certified by the Contract Administrator, is capable of completion or correction at a cost of not more than:

  • Key Performance Indicator means a measure that captures the performance of a critical variable to expand and improve community-based corrections programs to promote offender success, ensure accountability, enhance public safety, and reduce recidivism.

  • Key Performance Indicators or “KPIs” means the performance measurements and targets set out in Part 3 of Schedule 1 (Services) of this Framework Agreement;

  • Performance Requirements The ordering entity reserves the right to inspect and verify that all deliveries are in accordance with specifications, both at the point of delivery and at the point of use. For orders that specify an “authorized party” to receive and inspect deliveries and/or installations, acceptance and inspection procedures must be performed by the” authorized party” to be considered and accepted by the ordering entity. Products inspected at the time of use are subject to refusal and return requirements for issues of quality such as defects in manufacturing and/or workmanship. Products will not be considered accepted by the ordering entity until the installation is complete for the applicable products.

  • Performance Standard means the acceptable range of performance for a Performance Indicator or a Service Volume that results when a Performance Corridor is applied to a Performance Target.

  • Capacity Performance Resource means a Capacity Resource as described in Tariff, Attachment DD, section 5.5A(a).

  • Non-Performing Loans means, with respect to any Bank Subsidiary at any time, the aggregate principal amount (including any capitalized interest) of all nonaccruing loans of such Bank Subsidiary plus the aggregate principal amount of all loans of such Bank Subsidiary that are ninety (90) days or more past due and still accruing minus the Guaranteed Loan Amount of such Bank Subsidiary, in each case at such time.

  • Financial Performance Covenants means the covenants of the Borrower set forth in Section 10.11.

  • Performance Monitoring System has the meaning given to it in paragraph 1.1.2 in Part B of Schedule 6 (Service Levels, Service Credits and Performance Monitoring);

  • Performance has the meaning ascribed to it in the Copyright Act 98 of 1978, as amended from time to time, and the words “Perform” and “Performed” and “Performing” will have the same meaning