Buyer Performance. Buyer agrees to perform the services that it provides for Seller in a professional and competent manner.
Buyer Performance. Buyer performed in all material respects all of its obligations hereunder to be performed prior to or at Closing each of Buyer’s representations and warranties contained in this Agreement are true and accurate as of the date made and at Closing.
Buyer Performance. Buyer hereby covenants and agrees to accept conveyance of the Assets, and to assume and perform the Assumed Liabilities.
Buyer 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 shall have been duly performed and complied with in all material respects Seller shall have received at or prior to the Closing such documents, instruments or certificates listed in Paragraph 4.01 hereof.
Buyer Performance. Buyer shall have performed and complied with all the agreements and conditions required in this Agreement to be performed and complied with by Buyer prior to Closing; and Escrow Holder may deem all such items to have been performed and complied with when Buyer has deposited all items in Escrow as required hereunder.
Buyer Performance. Buyer shall have performed and satisfied all agreements and covenants required hereby to be performed by Buyer in accordance with the terms of this Agreement.
Buyer Performance. Each of the Buyer and the Company shall use its best efforts to complete the Seller Projects on schedule, on or prior to December 31, 2007, within the Approved Budget, using the methods accepted by licensed professional electricians and in a workmanlike manner consistent with industry practices and in accordance with the applicable construction contract, as amended from time to time. The Buyer shall be solely responsible for all Buyer Projects, including all financial, performance and indemnification obligations relating thereto. The Buyer or the Company may engage a construction manager to assist in the completion of the Seller Projects, who may be an Affiliate of the Buyer; provided, however, in no event shall such engagement relieve the Buyer or the Company of any of its obligations to the Seller Entities under this Agreement; and provided, further, however, that the cost of any such construction manager's fee is included in the construction management fee of $3,300,000 set forth on Exhibit B. If the Seller Projects are not completed on or prior to December 31, 2007, the Buyer and the Parent shall negotiate in good faith a revised schedule of completion and the manner in which the Seller Projects will be financed and completed.
Buyer Performance. The covenants and agreements contained in this Agreement to be complied with by Xxxxx on or before the Closing shall have been complied with in all material respects;
Buyer Performance. All of the terms and conditions of this Agreement to be satisfied or performed by Buyer on or before the Closing Date shall have been satisfied or performed in all material respects (including making all deliveries required by Section 5.8).
Buyer Performance. Subject to the terms and conditions of this Agreement, Buyer hereby covenants and agrees to accept conveyance of the Assets and assignment of the Real Property Leases, and to assume and perform the obligations of Sellers under the Minor Contracts, the Material Contracts, the Franchise Agreements and the Development Agreements after the Closing Date and otherwise perform and fulfill all other obligations with respect to the Assets pertaining to the period after the Closing Date. Buyer agrees to remit to Sellers or the applicable governmental entity, as required by law, any sales tax Buyer has agreed to pay pursuant to Section 2.5(a).
