Conditions to Obligation to Proceed Sample Clauses

Conditions to Obligation to Proceed. The parties shall promptly proceed to negotiate in good faith to reach agreement on the price to be paid the Company for the Extra Design/Build Work and on the effect of the Extra Design/Build Work on any other obligations of the Company under this Agreement. The Company acknowledges that it shall not be entitled to seek a price which is in excess of the fair market price for such Extra Design/Build Work.
Sample 1
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Conditions to Obligation to Proceed. The parties shall promptly proceed to negotiate in good faith to reach agreement on the price to be paid the DBE for the Extra Design Build Work and on the effect of the Extra Design Build Work on any other obligations of the DBE under this Contract. The DBE acknowledges that it shall not be entitled to seek nor shall it receive a price for the Extra Design Build Work which is in excess of the fair market price of such Extra Design Build Work, whether such work is to be performed solely by the DBE or by a Subcontractor under the DBE’s supervision. The DBE shall not be obligated to proceed with the Extra Design Build Work except following agreement as to the price to be paid therefor and as to any adjustments to the Performance Guarantees and its other obligations hereunder which are necessitated by the Change Order requiring the Extra Design Build Work. Payments for Extra Design Build Work shall be paid only as a Fixed Design Build Price Adjustment. In order to be entitled to such payments, the DBE shall submit all Cost Substantiation information to WRD on a monthly basis, for amounts specified in this Section as they are incurred. Except to the extent that WRD and the DBE shall agree, no such work shall modify the Scheduled Acceptance Date, increase the Service Fee, or impair the ability of the DBE to meet the Performance Guarantees, comply with any other term or condition of this Contract, affect any right of the DBE or impose any additional liability or obligation on the DBE under this Contract; but the DBE shall have no right of objection with respect to such work if WRD affords the DBE price, schedule and any other relief hereunder agreed to by the parties to be necessary to avoid any such impairment.
Sample 1
Conditions to Obligation to Proceed. The Parties shall promptly proceed to negotiate in good faith to reach agreement on the price to be paid by the Design-Build Contractor for the Extra Design-Build Work and on the effect of the Extra Design-Build Work on any other obligations of the Design-Build Contractor under this Design-Build Agreement. The Design- Build Contractor shall not be obligated to proceed with the Extra Design-Build Work except following agreement as to the price to be paid therefore and its other obligations hereunder which are necessitated by the Change Order requiring the Extra Design-Build Work. Payments for Extra Design-Build Work shall be paid only as a Fixed Design-Build Price Adjustment. Except to the extent that the Sewer District and the Design-Build Contractor shall agree, no such work shall modify the Scheduled Final Acceptance Date, or revise any other term or condition of this Design-Build Agreement. The Design-Build Contractor shall have no right of objection with respect to such work if the Sewer District affords the Design-Build Contractor price, schedule and any other relief hereunder agreed to by the Parties to be necessary to avoid any such impairment.
Sample 1

Related to Conditions to Obligation to Proceed

  • Conditions to Obligations of Buyer The obligations of Buyer to consummate the transactions contemplated by this Agreement shall be subject to the fulfillment or Buyer’s waiver, at or prior to the Closing, of each of the following conditions:

  • Conditions to Obligations of Seller The obligations of Seller to consummate the transactions contemplated by this Agreement shall be subject to the fulfillment or Seller’s waiver, at or prior to the Closing, of each of the following conditions:

  • Conditions to Obligations of the Company The Company’s obligation to sell and issue the Shares and the Warrants at the Closing is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:

  • Exception to Obligations Neither Party's obligations under this Section shall apply to the extent the infringement is caused by: (i) modification of the facilities or equipment (including software) by the indemnitee; (ii) use by the indemnitee of the facilities or equipment (including software) in combination with equipment or facilities (including software) not provided or authorized by the indemnitor, provided the facilities or equipment (including software) would not be infringing if used alone; (iii) conformance to specifications of the indemnitee which would necessarily result in infringement; or (iv) continued use by the indemnitee of the affected facilities or equipment (including software) after being placed on notice to discontinue use as set forth herein.

  • Conditions to Buyer’s Obligations The obligation of Buyer to consummate the transactions contemplated by this Agreement is subject to the satisfaction of the following conditions on or before the Closing Date:

  • Conditions to Seller’s Obligations The obligations of Seller to consummate the transactions contemplated by this Agreement are subject to the satisfaction of the following conditions on or before the Closing Date:

  • Conditions to Each Party’s Obligations The respective obligations of each Party to consummate the Merger are subject to the satisfaction of the following conditions:

  • Exceptions to the obligation to provide assistance 1. Assistance may be refused or may be subject to the satisfaction of certain conditions or requirements, in cases where a Party or the EAC Partner States as the case may be concerned is of the opinion that assistance under this Protocol would:

  • Conditions Precedent to Seller’s Obligations The obligations of Seller to effect the Closing of the transactions contemplated hereby are subject to the fulfillment, prior to or at the Closing, of each of the following conditions, any of which may be waived in writing by Seller:

  • Condition to Obligations of the Seller The obligation of the Seller to consummate the Securities Purchase is also subject to the fulfillment, or written waiver by the Seller, prior to the Closing, of the following conditions:

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