Course of Performance. No course of dealing or performance by the parties, or any of them, shall be admissible for the purpose of obtaining an interpretation or construction of this Agreement at variance with the express language of the Agreement itself.
Course of Performance. Neither course of performance, course of dealing, or usage of trade may be used to vary the terms of any Agree- ment.
Course of Performance. To the extent Seller performs the Refinery Turnaround and Startup Activities, during the course thereof:
Course of Performance. The fact that a party may accept or acquiesce in a course of performance under this agreement does not affect the meaning of this agreement even though the accepting/acquiescing party knows of the nature of the performance and has an opportunity to object to it (with respect to this course of performance provision, any time an individual attempts to perform under the contract in a matter which is not in accord with the terms of the contract, the City must promptly object to the manner of performance.)
Course of Performance. Seller shall keep Buyer informed of all developments and of all decisions made in the course of performance of this agreement. Both parties shall cooperate on the technical issues regarding the product developed or purchased under this agreement including its design. Therefore Seller shall keep Buyer informed of all options available before taking any decisions regarding such matters.
Course of Performance. During the course of the Separation Activities, Seller shall use its [***] to perform the Separation Activities (i) within the time frames indicated in the scope of work with respect to the Separation Activities, (ii) in all material respects in compliance with applicable Law and (iii) in a diligent, orderly and professional manner, and Seller shall keep Purchaser informed of all material factors which may affect Seller’s progress of the Separation Activities and the various dates or ranges thereof when Seller anticipates completion of the items detailed on the scope of work with respect to the Separation Activities. Purchaser shall be permitted to have representatives present to observe the Separation Activities subject to Seller’s ordinary course site access requirements and procedures.
Course of Performance. No course of dealing or performance by the parties, or any of them, shall be admissible for the purpose of obtaining an interpretation or construction of this Second Amendment at variance with the express language of the Second Amendment itself. (The balance of this page is left blank intentionally.)
Course of Performance. 6 EXHIBIT DESCRIPTION PAGE ------- --------------------------------------------------------------- ---- A LEASED PREMISES FLOOR SPACE DIAGRAM............................ 8 THIRD AMENDMENT TO LEASE AGREEMENT (the "Third Amendment"), dated as of October 1, 2006, between ROUTE 206 ASSOCIATES, a New Jersey partnership, with offices at 520 Route 22, P.O. Box 6872, Bridgewater, NJ 08807 (the "Landlord"), xxx XXXXX XXXXXXXXXXXXXXX, XXX. (X/X/X XXXXX, XXX.), a Delaware corporation, with an office at 685 Route 202/206, Bridgewater, NJ 08807 (the "Tenant").
Course of Performance. No course of dealing or performance by the parties, or any of them, shall be admissible for the purpose of obtaining an interpretation or construction of this Third Amendment at variance with the express language of the Third Amendment itself. (The balance of this page is left blank intentionally.)
Course of Performance. 35 EXHIBIT A - LEASED PREMISES FLOOR SPACE DIAGRAM.........................................................................36 EXHIBIT B - PROPERTY DESCRIPTION........................................................................................37 EXHIBIT C - WORK LETTER.................................................................................................38 EXHIBIT D - BUILDING RULES AND REGULATIONS..............................................................................39 EXHIBIT E - DEFINITIONS AND INDEX OF DEFINITIONS........................................................................43 LEASE AND LEASE AGREEMENT, dated as of May 5, 2005, between HOCROFT ASSOCIATES, a New Jersey partnership, with offices at 520 Route 22, P.O. Box 6872, Bridgewater, NJ 08807 (the "Landxxxx"), xxx XXXX XXXXXXXXXX, XXX., x Xxx Xxxxxx xxxxxxation, with an office at 1031 Route 22, Bridgewater, NJ 08807 (the "Tenant"). Subject xx xxx xxx xxxxx xxx xxxxxxxxxx xxx xorth below, the Landlord and the Tenant hereby agree as follows:
