Conditions to Performance Guarantee Relief Sample Clauses

Conditions to Performance Guarantee Relief. The Company shall be relieved of its obligation to comply with a Performance Guarantee to the extent and for any period during which the operation of the Wastewater System is affected by the occurrence of an Uncontrollable Circumstance or Borough Breach. Should any such circumstances occur, the Company shall nonetheless (1) in accordance with the Operating Standards, promptly mitigate any noncompliance with such Performance Guarantee and, subject to the provisions of this Agreement, restore Facility performance to comply with this Agreement as rapidly as practicable, and (2) promptly, and in any case within 24 hours, advise the Borough upon becoming aware of such circumstances and the Company’s planned course of action. In addition to such obligations, the Company shall not be entitled to relief from the Effluent Guarantee due to an Upset unless it affirmatively demonstrates through properly signed, contemporaneous operating logs, or other relevant evidence that:
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Conditions to Performance Guarantee Relief. The Manager shall be relieved of its obligation to comply with a Performance Guarantee to the extent and for any period during which the operation of the T&D System is affected by the occurrence of an Uncontrollable Circumstance or Authority Fault. Should any such circumstances occur, the Manager shall nonetheless (1) in accordance with the Contract Standards, use its best efforts to mitigate any noncompliance with such Performance Guarantee and restore T&D System performance to comply with this Agreement as rapidly as practicable, and (2) promptly advise the Authority of the circumstances and the Manager's planned course of action.
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Related to Conditions to Performance Guarantee Relief

  • Conditions to MLV’s Obligations The obligations of MLV hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by MLV of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by MLV in its sole discretion) of the following additional conditions:

  • Conditions to Obligations of Parent The obligation of Parent to effect the Merger is further subject to satisfaction or waiver of the following conditions:

  • Conditions to Obligations of Company The obligation of Company to effect the Merger is also subject to the satisfaction or waiver by Company at or prior to the Effective Time of the following conditions:

  • Conditions to Obligations of Parent and Sub The obligations of Parent and Sub to effect the Merger are further subject to the satisfaction or waiver on or prior to the Closing Date of the following conditions:

  • Conditions to Obligations of the Parties The obligations of the parties hereto to effect the transactions contemplated by this Agreement shall be subject to the satisfaction at the Closing (as defined below) of the following conditions:

  • Conditions to Obligations OF EACH PARTY TO EFFECT THE MERGER. The respective obligations of each party to this Agreement to effect the Merger shall be subject to the satisfaction at or prior to the Closing Date 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:

  • Conditions to Obligations of Each Party Under This Agreement The respective obligations of the Parent and the Acquiror to consummate the transactions contemplated hereby shall be subject to the satisfaction at or prior to the Closing of the following conditions, any or all of which may be waived by the parties hereto, in whole or in part, to the extent permitted by applicable Law:

  • Conditions to Obligation of Parent The obligation of Parent to consummate the Merger is also subject to the fulfillment or written waiver by Parent prior to the Closing Date of each of the following conditions:

  • Conditions to Obligation of Each Party to Effect the Merger. The respective obligations of each party to effect the Merger shall be subject to the satisfaction at or prior to the Effective Time of the following conditions:

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