Acceptance by Performance Sample Clauses

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.
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Acceptance by Performance. If an offeree accepts by performance, the offeree must (all elements)
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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 “The Mailbox Rule” 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?
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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:
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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.
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Related to Acceptance by Performance

  • Contract Performance C19.1 The Contractor shall ensure that:

  • 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 Schedule including, but not limited to, providing such data and information as the Contractor may be required to produce under the Contract.

  • Excuse from Performance The Parties shall be excused from performing their respective obligations hereunder if they are prevented from so performing by reason of floods, earthquakes, other acts of nature, war, civil insurrection, riots, acts of any government (including judicial action), and other similar catastrophic events which are beyond the control of and not the fault of the Party claiming excuse from performance hereunder. Labor unrest, including but not limited to strike, work stoppage or slowdown, sick-out, picketing, or other concerted job action conducted by Contractor's employees or directed at Contractor is not an excuse from performance and Contractor shall be obligated to continue to provide service notwithstanding the occurrence of any or all of such events. The Party claiming excuse from performance shall, within two (2) Business Days after such Party has notice of such cause, give the other Party notice of the facts constituting such cause and asserting its claim to excuse under this Section. If either Party validly exercises its rights under this Section, the Parties hereby waive any claim against each other for any damages sustained thereby. The partial or complete interruption or discontinuance of Contractor's services caused by one or more of the events described in this Section shall not constitute a default by Contractor under this Agreement. Notwithstanding the foregoing, however, if Contractor is excused from performing its obligations hereunder for any of the causes listed in this Section for a period of thirty (30) calendar days or more, the SCWMA shall nevertheless have the right, in its sole discretion, to terminate this Agreement by giving ten (10) calendar days notice to Contractor unless Contractor has demonstrated, by the thirtieth (30th) calendar day, to the satisfaction of the SCWMA that the Contractor will resume services no later than the sixtieth (60th) day following the date service was interrupted or discontinued by Contractor.

  • Performance by Contractor Where Pur- chaser’s employees, agents, contractors, Subcontractors, or their employees or agents perform Purchaser’s Opera- tions in connection with fire responsibilities, Purchaser’s obligations shall be the same as if performance was by Purchaser.

  • Time for Performance 1.1. 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 All work in performance of this Lease shall be done by skilled workers or mechanics and shall be acceptable to the RECO. The RECO may reject the Lessor’s workers 1) if such are unlicensed, unskilled, or otherwise incompetent, or 2) if such have demonstrated a history of either untimely or otherwise unacceptable performance in connection with work carried out in conjunction with either this contract or other Government or private contracts.

  • F2 Monitoring of Contract Performance F2.1 The Contractor shall immediately inform the Authority if any aspect of the Contract is not being or is unable to be performed, the reasons for non-performance, any corrective action and the date by which that action will be completed.

  • Continuing Performance Each party is required to continue to perform its obligations under this contract pending final resolution of any dispute arising out of or relating to this contract, unless to do so would be impossible or impracticable under the circumstances.

  • CONTRACTOR PERFORMANCE Agencies shall report any vendor failure to perform according to the requirements of this contract on Complaint to Vendor, form PUR 7017. Should the vendor fail to correct the problem within a prescribed period of time, then form PUR 7029, Request for Assistance, is to be filed with this office.

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