Completion of Obligations. The Seller shall have met or been deemed to have met its Performance Warranty obligations and shall have no further obligations or liability to CITY upon:
(i) the Seller’s Test report confirming successful completion of the Test,
(ii) the Equipment being exposed to feed water that is outside of the feed water characteristics, the feed water contains substances that are harmful to membrane systems including without limitation solvents, oil, polymers other than polymers expressly approved by Seller, or the feed water contains sand, grit and/or debris,
(iii) the CITY is in default of its payment obligation to Seller,
(iv) the CITY makes any repairs or alterations to the Equipment without Seller’s prior written consent
(v) the CITY fails to commence or complete the Test within the timeframes specified above for reasons other than those reasonably attributable to Seller, or THE REMEDIES PROVIDED TO CITY ABOVE ARE THE CITY’S SOLE AND EXCLUSIVE REMEDIES FOR ANY FAILURE BY SELLER TO SATISFY THIS PERFORMANCE WARRANTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY INCLUDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY EXPRESSLY PROVIDED HEREIN, SELLER SHALL IN NO EVENT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES. SELLER’S LIABILITY UNDER THIS PERFORMANCE WARRANTY SHALL NOT EXCEED 100% OF THE PRICE PAID TO SELLER UNDER THE EQUIPMENT CONTRACT. SELLER’S TOTAL CUMULATIVE LIABILITY UNDER THIS PERFORMANCE WARRANTY AND THE EQUIPMENT CONTRACT, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR MECHANICAL WARRANTY CLAIMS OR FOR ANY BREACH OR FAILURE TO PERFORM ANY OBLIGATION UNDER THE EQUIPMENT CONTRACT, SHALL NOT EXCEED THE LIABILITY LIMITATION SET FORTH IN THE EQUIPMENT CONTRACT. THE FOREGOING LIMITATIONS APPLY REGARDLESS OF WHETHER THE LIABILITIES OR DAMAGES ARISE, OR ARE ALLEGED TO ARISE, UNDER CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY.
2.1 This Section Intentionally Left Blank
2.2 EXTENDED MEMBRANE MODULE WARRANTY
Completion of Obligations. The Company’s obligations to the City pursuant to this Agreement shall be completed whenever the Company has (i) made the required investment as provided in Section 1.01, and (ii) fulfilled the requirements in Section 1.02 to receive the incentive payments from the City as provided in Section 2.01.
Completion of Obligations. If there are no uncompleted Statements of Work as of the date the notice to terminate is served under Clause 2.2, such notice shall terminate this Agreement with immediate effect.
Completion of Obligations. Blackjack shall complete the outstanding Obligations as identified in Exhibit A, attached hereto and incorporated herein, on or before December 31, 2021. Blackjack shall notify Sumter County of the completion of the Obligations; and, no later than February 28, 2022, Sumter County shall inspect the premises to confirm completion of the Obligations. If Sumter County confirms completion of the Obligations, Sumter County shall provide written notice to Blackjack of its confirmation of completion. If Blackjack fails to complete the Obligations within the time prescribed herein, Blackjack shall pay to the County, without demand, on or before February 28, 2022, the amount of $32,634.00, for repayment of The Funds not expended as contemplated in the application and grant agreements.
Completion of Obligations. Except as otherwise noted on Exhibit A where Buyer has agreed to undertake the Obligations, Seller shall complete the Obligations set forth in Exhibit A within the time periods set forth in Exhibit A and to the reasonable satisfaction of Buyer. In the event Seller has not completed the Obligations set forth in Exhibit A within the time periods set forth in Exhibit A, the Funds allocated to the particular Obligations as set forth in Exhibit A shall be delivered to Buyer. In the event that an Obligation is completed to the reasonable satisfaction of Buyer for less than the amount set forth on Exhibit A, Escrow Agent is directed to send the excess amounts to PNC Bank, National Association for the account of Seller.
Completion of Obligations. Following any termination of the Plan the Trustee shall remain responsible for the completion of its obligations under the Plan.
Completion of Obligations. It shall be considered that both Parties have completed all their obligations toward one another per this Agreement once Cern One successfully delivers 439,966 Monaker Shares to Epitome for the investment of USD 200,000 (Two Hundred Thousand United States Dollars) on June 30th, 2020 and USD 250,000 (Two Hundred Fifty Thousand United States Dollars) on July 30th, 2020, totaling USD 450,000 (Four Hundred Fifty Thousand United States Dollars) that have already been paid in full amount by Epitome to Cern One. Upon the Effective Date of this Agreement until the Delivery Date, Cern One shall have no right to any additional payment and/or further payment whatsoever from Epitome. Upon successfully delivering 439,966 Monaker Shares, there shall be no further obligation on Cern One's part to deliver any other payable to Epitome whether in cash or in kind.
Completion of Obligations. Seller shall determine the environmental remediation approach necessary to complete the Obligations subject to the reasonable satisfaction of Buyer as set forth in Exhibit A and will make a good faith effort to complete the same within the time periods set forth in Exhibit A. In the event Seller has not completed the Obligations in accordance with the statements set forth in Exhibit A within the time periods set forth in Exhibit A, the Funds allocated to the particular Obligations as set forth in Exhibit A shall be delivered to Buyer. In the event that an Obligation is completed to the reasonable satisfaction of Buyer for less than the amount set forth on Exhibit A, Escrow Agent is directed to send the excess amounts to Escrow Agent for the account of Seller.
Completion of Obligations. To assist in the easy administration of the requirements of this Section, the Council must within fourteen (14) days of being so requested by Robina issue a certificate/s upon which a person proposing to acquire an interest in the land to which the certificate relates can rely:—
Completion of Obligations. When Xxxxxx has performed and fulfilled its obligations under this Agreement then Robina and Robina Properties are released and discharged from any further obligation in respect of the proposed development and the Council must deliver a written release and discharge to Robina and Robina Properties accordingly.
