Alternative Performance Sample Clauses

Alternative Performance. In lieu of the Performance Bond and ----------------------- Payment Bond required by this subsection 7.4, Developer may furnish cash, assignment of account, or a time certificate of deposit or irrevocable letter of credit conditioned only on the terms of this Lease or such other form of security as may be agreed upon by the parties.
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Alternative Performance. (a) If AAM demands a registration as provided above, Universal may, within 20 days of its receipt of the demand, make a written offer to buy the shares as to which registration has been demanded at a price equal to the average of the "Market Price" of Universal's Common Stock over the 15 trading days prior to the date of AAM's demand, determined as set forth in Section 4.4(e) below. (b) If the offer provided for in Section 4.4(a) above, is made and accepted in writing within 10 days from its receipt by AAM, the sale shall close at the offices of Universal on the 30th business day after the acceptance of the offer by delivery of the certificates for the shares to be sold, properly endorsed, with signature guaranteed and any transfer taxes paid, against payment of the purchase price by certified or cashier's check. (c) If the offer provided for in Section 4.4(a) above, is made and is not accepted in writing within 10 days from its receipt by AAM, the offer shall expire. (d) The rejection by AAM of an offer by Universal pursuant to
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Alternative Performance. 7 4.5 Expenses......................................................... 9 4.6
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Alternative Performance. The PARTIES shall use their best endeavours to agree by immediate consultation on an alternative method of performance of any obligations or duties affected by the force majeure or vis major for so long as the same continues.
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Alternative Performance. The Parties agree that the supply of Products may be supplied through third party suppliers and the packaging may be through third party co-packers.
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Alternative Performance 
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Related to Alternative Performance

  • 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.

  • 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.

  • Product Performance Contractor hereby warrants and represents that the Products acquired by the Authorized User under the terms and conditions of this Contract conform to the specifications, performance standards and documentation in the Authorized User Agreement., and the documentation fully describes the proper procedure for using the Products. Contractor further warrants and represents that if the Products acquired by the Authorized User pursuant to an Authorized User Agreement under this Contract include software application development, software application customization, software programming, software integration or similar items (“Software Deliverables”) then such Software Deliverables shall be free from defects in material and workmanship and conform with all requirements of the Contract and Authorized User Agreement for the warranty period of one (1) year from the date of acceptance of the completed project (“Project warranty period”). Contractor also warrants that the Products, in the form provided to the Authorized User, do not infringe any copyright, trademark, trade secret or other right of any third party.

  • School Performance The School shall achieve an accountability designation of Good Standing or Honor on each of the three sections of the Performance Framework. In the event the School is a party to a third party management contract which includes a deficit protection clause, the School shall be exempt from some or all measures within the financial portion of the Performance Framework. In accordance with Charter School Law, the Authorizer shall renew any charter in which the public charter school met all of the terms of its performance certificate at the time of renewal.

  • 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.

  • Ongoing Performance Measures The Department intends to use performance-reporting tools in order to measure the performance of Contractor(s). These tools will include the Contractor Performance Survey (Exhibit H), to be completed by Customers on a quarterly basis. Such measures will allow the Department to better track Vendor performance through the term of the Contract(s) and ensure that Contractor(s) consistently provide quality services to the State and its Customers. The Department reserves the right to modify the Contractor Performance Survey document and introduce additional performance-reporting tools as they are developed, including online tools (e.g. tools within MFMP or on the Department's website).

  • Software Performance HP warrants that its branded software products will conform materially to their specifications and be free of malware at the time of delivery. HP warranties for software products will begin on the date of delivery and unless otherwise specified in Supporting Material, will last for ninety (90) days. HP does not warrant that the operation of software products will be uninterrupted or error-free or that software products will operate in hardware and software combinations other than as authorized by HP in Supporting Material.

  • Services Performance All services are performed using generally recognized commercial practices and standards. Customer agrees to provide prompt notice of any such service concerns and HP will re-perform any service that fails to meet this standard.

  • Full Performance The Owner and the Contractor hereby agree to the full performance of the Contract Documents.

  • Annual Performance Review The Employee’s performance of his duties under this Agreement shall be reviewed by the Board of Directors or a committee of the Board of Directors at least annually and finalized within thirty (30) days of the receipt of the annual audited financial statements. The Board of Directors or a committee of the Board of Directors shall additionally review the base salary, bonus and benefits provided to the Employee under this Agreement and may, in their discretion, adjust the same, as outlined in Addendum B of this Agreement, provided, however, that Employee’s annual base salary shall not be less than the base salary set forth in Section 4(A) hereof.

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