Acceptance by Performance Sample Clauses

Acceptance by Performance. If an offeree accepts by performance, the offeree must (all elements) i) Promise to render complete performance ii) Give Notice of Performance 1) UCC – Notice required within reasonable time 2) Restatement – Notice required if offeror unaware of performance Consideration
Sample 1
AutoNDA by SimpleDocs
Acceptance by Performance. Performance of any work by carrier pursuant to this Agreement shall constitute an acceptance of the terms of this Agreement, regardless of whether or not Carrier has signed a copy of this Agreement.
Sample 1
Acceptance by Performance. Notwithstanding anything to the contrary in this Article, Grantee will be deemed to have accepted the fully constructed Grantee Fiber if Grantee (or any of its Affiliates or representatives with its knowledge) substantially uses any of the fully constructed Grantee Fiber for the purpose of delivering communications traffic (other than traffic that is transmitted solely for the purpose of testing the performance of the Grantee Fibers), in which case Grantee will be deemed to have accepted the fully constructed Grantee Fiber as of the first date of such use.
Sample 1
Acceptance by Performance. In forming a unilateral contract, the offeror is seeking an act, and not a promise to perform. Therefore, if the offer seeks acceptance by performance and not a return promise, then a contract can be formed only by performing the requested performance. The offer is not accepted until performance is completed; moreover, there is no contract and legal liability does not attach until the offeree has fully performed.28 For example, suppose Carly says to Ashley, “I must have lost my watch. I will give you $100 if you find it.” Carly does not want Ashley to promise to find her watch. Carly wants her watch. Ashley can accept this offer only by finding the watch and returning it to Carly. Carly is then required to pay Ashley the $100. The offeree need not give notice of an intent to perform, but must render the performance for an effective acceptance.29 However, if the offeree who accepts by performance has reason to know that the offeror will not learn of the acceptance within a reasonable time, then the offeree has a duty to exercise reasonable diligence to notify the offeror of acceptance.30 Generally, an acceptance takes effect when it is communicated to the offeror and it is not difficult to determine when this has occurred if the parties are in each other’s presence or otherwise in instantaneous communication by phone or electronic means. However, when parties are not in instantaneous communication, i.e., corresponding by mail, there is a delay between the sending and receipt of acceptance. Often, it is critical to determine which of these two times constitutes the legally effective acceptance: is it the time of dispatch or that of receipt?
Sample 1
Acceptance by Performance. Does the offer invite acceptance by performance and no promise is invited?
Sample 1
Acceptance by Performance. Does the offer invite acceptance by performance? If the offer invites acceptance by providing a performance, then no notification is necessary to make it effective unless one of the following is applicable. Ask: i. Does the offer request a notification? If so, notification is necessary for a valid acceptance. R2d § 54(1). ii. Does the offeree have reason to know that the offeror will not learn of the acceptance with “reasonable promptness and certainty” without notice? If so, the offeror’s duty will be discharged unless: R2d § 54(2). • The offeree exercises reasonable diligence to notify the offeror, or • The offeror learns of the performance within a reasonable time, or 46 • The offer indicates that notification of acceptance is not required.
Sample 1

Related to Acceptance by Performance

  • Contract Performance C19.1 The Contractor shall ensure that: C19.1.1 the Goods conform in all respects with the Specification and, where applicable, with any sample or performance demonstration approved by the Authority; C19.1.2 the Goods operate in accordance with the relevant technical specifications and correspond with the requirements of the Specification and any particulars specified in the Contract; C19.1.3 the Goods conform in all respects with all applicable Laws; and C19.1.4 the Goods are free from defects in design, materials and workmanship and are fit and sufficient for all the purposes for which such Goods are ordinarily used and for any particular purpose made known to the Contractor by the Authority.

  • 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).

  • Monitoring of Contract Performance The Contractor shall comply with the monitoring arrangements set out in the Monitoring Requirements Schedule including, but not limited to, providing such data and information as the Contractor may be required to produce under the Contract.

  • Performance by Contractor The Contractor, at the Contractor's own expense, shall, except as herein otherwise specifically provided, furnish and provide all and every kind of labour and superintendence, services, tools, implements, machinery, plant materials, articles and whatsoever is necessary for the due execution of the work. The Contractor shall fully construct and erect the work in the most thorough, professional and substantial manner, in every respect to the satisfaction and approval of the Engineer. The Contractor shall complete the work within the time specified herein and deliver it to the Minister in the manner and upon the terms and conditions of the Contract.

  • Time for Performance The term of this SOW Agreement shall begin on and end on _ (the “Initial Term”). The Initial Term may be extended as the parties may agree. The State may terminate this SOW for convenience upon thirty days prior written notice to the Contractor. If the Master Agreement should expire or otherwise terminate prior to the end of the term of this SOW Agreement, this SOW Agreement shall continue to the end of its existing term, unless or until terminated in accordance with the terms of this SOW Agreement, and the Parties acknowledge and agree that the terms of the Master Agreement shall survive and apply to this SOW Agreement.

  • Work Performance Xxxxxx agrees that all Services performed hereunder shall be performed on a best effort basis by employees, students, faculty, graduate assistants and staff having an appropriate experience and skill level and in compliance with the statement of work.

  • Continuing Performance (a) The obligations under this Agreement continue until satisfied in full and do not merge with any action performed or document executed by any Party for the purposes of performance of this Agreement. (b) Any representation in this Agreement survives the execution of any document for the purposes of, and continues after, performance of this Agreement. (c) Any indemnity given by any Party under this Agreement: (i) constitutes a liability of that Party separate and independent from any other liability of that Party under this Agreement or any other agreement; and (ii) survives and continues after performance of this Agreement.

  • Performance by Buyer Buyer shall have performed and complied with all covenants and agreements and satisfied all conditions required by this Agreement to be performed by Buyer on or before the Closing Date.

  • Buyer’s Performance All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), shall have been performed and complied with in all material respects.

  • Excused Performance 6.1 Notwithstanding the occurrence of a Force Majeure Event, in which case Clause 17 will govern, BT will not be liable for any failure or delay to perform any of its obligations under this Agreement (including any of its obligations to meet any Service Levels) to the extent that BT’s failure or delay in performing arises as a result of: 6.1.1 any failure or delay by the Customer to perform any of the Customer’s obligations under this Agreement; 6.1.2 any act or omission other than on the part of a BT Affiliate or a subcontractor or supplier appointed by it unless that BT Affiliate, subcontractor or supplier has invoked their force majeure rights under their contract with BT; or 6.1.3 Applicable Law, a court order, an application for interlocutory relief or injunction restricting or preventing BT from supplying a Service.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!