Continued Performance; Exceptions Sample Clauses

Continued Performance; Exceptions. Upon the occurrence of any Force Majeure, the Parties shall endeavor to continue to perform their respective obligations under this Agreement so far as reasonably practical. Toward that end, StadCo and the Authority each hereby agree to make all commercially reasonable efforts to mitigate the effect of any delay occasioned by a Force Majeure, and shall use its commercially reasonable efforts to ensure resumption of performance of its obligations under this Agreement after the occurrence of any Force Majeure.
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Continued Performance; Exceptions. Upon the occurrence of any Owner Delay or City Party Delay, the Parties shall endeavor to continue to perform their obligations under this Agreement so far as reasonably practical. Toward that end, Owner and City Parties each hereby agrees that it shall make all reasonable efforts to prevent and reduce to a minimum and mitigate the effect of any Owner Delay or City Party Delay occasioned by an Excusable Owner Delay or Excusable City Party Delay, as applicable, and shall use its commercially reasonable efforts to ensure resumption of performance of its obligations under this Agreement after the occurrence of any Excusable Owner Delay or Excusable City Party Delay, as applicable. The Parties shall use and continue to use all commercially reasonable efforts to prevent, avoid, overcome and minimize any City Party Delay or Owner Delay.
Continued Performance; Exceptions. Upon the occurrence of any Tenant Delay or Landlord Delay, the Parties shall endeavor to continue to perform their obligations under this Lease so far as reasonably practical. Toward that end, Tenant and Landlord each hereby agrees that it shall make all reasonable efforts to prevent and reduce to a minimum and mitigate the effect of any Tenant Delay or Landlord Delay occasioned by an Excusable Tenant Delay or Excusable Landlord Delay, as applicable, and shall use its commercially reasonable efforts to ensure resumption of performance of its obligations under this Lease after the occurrence of any Excusable Tenant Delay or Excusable Landlord Delay. The Parties shall use and continue to use all commercially reasonable efforts to prevent, avoid, overcome and minimize any Landlord Delay or Tenant Delay.
Continued Performance; Exceptions. Upon the occurrence of any excusable company delay as provided in paragraph 15, the Parties shall endeavor to continue to perform their obligations under this Agreement so far as reasonably practical. Toward that end, Company and County each hereby agrees that each shall make all reasonable efforts to prevent and reduce to a minimum and mitigate the effect of any such excusable company delay and shall use its commercially reasonable efforts to ensure resumption of performance of its obligations under this Agreement after the occurrence of any delay. The Parties shall use and continue to use all commercially reasonable efforts to prevent, avoid, overcome and minimize any company delay to obtain a finalized LOMR.
Continued Performance; Exceptions. Upon the occurrence of any Developer Delay or Owner Delay, the Parties shall endeavor to continue to perform their obligations under this Developer Agreement so far as reasonably practicable; provided, however, that nothing herein shall require the Developer to accelerate the work or to expend any money to overcome any Owner Delay other than an Excusable Owner Delay, and in the case of Excusable Owner Delay, the Developer shall not be liable for the cost to accelerate the work nor the expenditure of any amounts, if in excess of the Hotel Project Improvement Budget. Toward that end, the Developer and the Owner each hereby agrees that it shall make all reasonable efforts to prevent and reduce to a minimum and mitigate the effect of any Developer Delay or Owner Delay occasioned by an Excusable Developer Delay or Excusable Owner Delay, respectively.
Continued Performance; Exceptions. Upon the occurrence of any Authority Delay or Developer Delay, the Parties shall endeavor to continue to perform their obligations under this Agreement so far as reasonably practicable. Toward that end, Authority and Developer each hereby agrees that it shall make all reasonable efforts to prevent and reduce to a minimum and mitigate the effect of any Authority Delay or Developer Delay occasioned by an Excusable Authority Delay or Excusable Developer Delay, and shall diligently and continuously use its commercially reasonable efforts to ensure resumption of performance of its obligations under this Agreement after the occurrence of any Excusable Authority Delay or Excusable Developer Delay. The Parties shall use and continue to use all commercially reasonable efforts to prevent, avoid, overcome and minimize any Developer Delay or Authority Delay.
Continued Performance; Exceptions. Upon the occurrence of any Tenant delay or Authority delay, the Parties shall endeavor to continue to perform their obligations under this Agreement so far as reasonably practicable. Toward that end, Tenant and Authority each hereby agrees that it shall make all reasonable efforts to prevent and reduce to a minimum and mitigate the effect of any Tenant delay or Authority delay occasioned by an Excusable Tenant Delay or Excusable Authority Delay, and shall diligently and continuously use its commercially reasonable efforts to ensure resumption of performance of its obligations under this Agreement after the occurrence of any Excusable Tenant Delay or
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Related to Continued Performance; Exceptions

  • Continued Performance The Contractor and Contractor Parties shall continue to Perform their obligations under the Contract while any dispute concerning the Contract is being resolved.

  • Continuing Performance In the event of a dispute, the Owner and the Developer agree to continue their respective performance hereunder to the extent feasible in light of the dispute, including paying xxxxxxxx, and such continuation of efforts and payment of xxxxxxxx shall not be construed as a waiver of any legal right.

  • Excused Performance In case performance of any terms or provisions hereof shall be delayed or prevented because of compliance with any law, decree or order of any governmental agency or authority, whether the same shall be of Local, State or Federal origin, or because of riots, war, public disturbances, strikes, lockouts, differences with workmen, fires, floods, acts of God or any other reason whatsoever which is not within the control of the party whose performance is interfered with and which, by the exercise of reasonable diligence, said party is unable to prevent, the party so suffering may, at its option, suspend, without liability, the performance of its obligations hereunder during the period of such suspension of performance of duties hereunder.

  • 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.

  • 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 G), 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).

  • Continuing Contract Performance Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 13, the Design-Builder shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Documents.

  • Excuse for Nonperformance or Delayed Performance Except with respect to defaults of subcontractors, Contractor/Vendor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor/Vendor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor has notified the Commission or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the Commission or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

  • Non-Performance The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined.

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