Covenant Performance Sample Clauses

Covenant Performance. (i) the Guarantor shall fail to perform or observe any covenant set forth in clause (i) of Section 7.2(a), or Section 7.3 or Section 7.4 hereof on its part to be performed or observed or (ii) the Guarantor shall fail to perform or observe any other term, covenant or agreement contained in Credit Document on its part to be performed or observed and such failure shall remain unremedied for 30 days after written notice thereof shall have been given to the Guarantor by the Administrative Agent or any Bank; or
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Covenant Performance. The Holders and Cabletel shall have performed and complied with all agreements and conditions required by this Agreement to be performed or complied with by either of them prior to the Closing Date.
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Covenant Performance. The Company shall have performed and complied with all agreements and conditions required by this Agreement to be performed or complied with by the Company prior to the Closing Date, if any.
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Covenant Performance. CHCM shall commit any breach, failure or violation of any material covenant, agreement, undertaking or duty hereunder, where such breach, failure or violation continues for thirty (30) days after receipt by CHCM of written notice specifying such breach, failure or violation in reasonable detail, or, a repetition of such breach, failure or violation (or the occurrence of a substantially similar breach, failure or violation) that had previously been cured. Without limiting the generality of the foregoing, the parties hereto hereby acknowledge and agree that for purposes of this Section 10.2(a)(ii) either of the following shall be deemed a breach of a material covenant of this Agreement: (A) any failure to provide and/or perform the Services in accordance with and/or subject to the Performance Standards or any other material deviation from the Performance Standards in connection with the performance of the Services hereunder or (B) Customer Dissatisfaction.
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Covenant Performance. BCBSNJ shall commit any breach, failure or violation of any material covenant, agreement, undertaking or duty of BCBSNJ hereunder (except for any breach, failure or violation pertaining to any of its payment obligations hereunder), where such breach, failure or violation continues for thirty (30) days after receipt by BCBSNJ from CHCM of written notice specifying such breach, failure or violation in reasonable detail.
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Covenant Performance. The Shipowner will fully observe, perform, and comply with any and all covenants, terms and conditions and undertakings in this Mortgage, the Credit Agreement, and the other Finance Documents which are applicable to it.
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Covenant Performance. The failure of Landlord or Tenant, as the case may be, to insist in any one or more instances upon strict performance of any of the covenants, terms or conditions of this Lease, or to exercise any option herein contained, shall not be construed as a waiver or relinquishment of any of the covenants, terms or conditions hereof, or the right to exercise such option, and Landlord or Tenant, as the case may be, shall have the right thereafter to insist upon strict performance by the other party of any or all of them, The receipt by Landlord of any rent provided for hereunder with knowledge of the breach of any covenant hereof shall not be deemed a waiver of such breach, and no waiver by Landlord or Tenant, as the case may be, of any provisions hereof shall be deemed to have been made unless expressed in writing and signed by the party against which such waiver is sought to be
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Related to Covenant Performance

  • 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.

  • Excused Performance 6.1 Notwithstanding the occurrence of a Force Majeure Event, in which case Clause 17 will govern, BT will not be liable for any failure or delay to perform any of its obligations under this Agreement (including any of its obligations to meet any Service Levels) to the extent that BT’s failure or delay in performing arises as a result of: 6.1.1 any failure or delay by the Customer to perform any of the Customer’s obligations under this Agreement; 6.1.2 any act or omission other than on the part of a BT Affiliate or a subcontractor or supplier appointed by it unless that BT Affiliate, subcontractor or supplier has invoked their force majeure rights under their contract with BT; or 6.1.3 Applicable Law, a court order, an application for interlocutory relief or injunction restricting or preventing BT from supplying a Service.

  • School Performance The School shall achieve an accountability designation of Good Standing or Honor on each of the three sections of the Performance Framework. In the event the School is a party to a third party management contract which includes a deficit protection clause, the School shall be exempt from some or all measures within the financial portion of the Performance Framework. In accordance with Charter School Law, the Authorizer shall renew any charter in which the public charter school met all of the terms of its performance certificate at the time of renewal.

  • Continuing Performance (a) The obligations under this Agreement continue until satisfied in full and do not merge with any action performed or document executed by any Party for the purposes of performance of this Agreement. (b) Any representation in this Agreement survives the execution of any document for the purposes of, and continues after, performance of this Agreement. (c) Any indemnity given by any Party under this Agreement: (i) constitutes a liability of that Party separate and independent from any other liability of that Party under this Agreement or any other agreement; and (ii) survives and continues after performance of this Agreement.

  • Prompt Performance All actions required to be taken (including payments) by any party under this Agreement shall be performed within the time prescribed for performance in this Agreement, or if no period is prescribed, such actions shall be performed promptly.

  • Covenants Performed The Purchasers shall have performed and complied in all material respects with the covenants, agreements and conditions required to be performed or complied with by them under this Agreement on or prior to the date of such Closing.

  • Strict Performance Failure by any party to this Contract to insist in any one or more cases upon the strict performance of any of the terms, covenants, conditions, or provisions of this Contract shall not be construed as a waiver or relinquishment of any such term, covenant, condition, or provision. No term or condition of this Contract shall be held to be waived, modified, or deleted except by a written amendment signed by the parties hereto.

  • 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.

  • Substantial Performance This Contract shall be deemed to be substantially performed only when fully performed according to its terms and conditions and any written amendments or supplements.

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