Deemed Performance Sample Clauses

Deemed Performance. The Contractors' services shall be deemed to have been performed when the property is in a safe condition in the place of safety stated in Box 3 or agreed or determined in accordance with Clause A. For the purpose of this provision the property shall be regarded as being in safe condition notwithstanding that the property (or part thereof) is damaged or in need of maintenance if (i) the Contractors are not obliged to remain in attendance to satisfy the requirements of any port or habour authority, governmental agency or similar authority and (ii) the continuation of skilled salvage services from the Contractors or other salvors is no longer necessary to avoid the property becoming lost or significantly further damaged or delayed.
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Deemed Performance. ‌ Final Dress Rehearsals with audiences present shall be considered as performances and performance day provisions shall apply. However, Artists on a per-performance contract may participate in such a Final Dress Rehearsal without additional compensation. Nevertheless, additional compensation will be payable should any Artist perform more than seven (7) performances per engagement week as provided in Article 18:00 - Performances (or maximum number of performances per week allowed).
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Deemed Performance. During the period from the Commencement Date to the Execution Date, performance by a Party of its rights and obligations under the Former Project Agreement shall be deemed to constitute performance of that Party's rights and obligations under this Agreement.
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Deemed Performance. If an Understudy is required to be present at any performance, that day shall be regarded as a performance day for the Artist. 26:01 Call Board
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Deemed Performance. (a) If as a result of an Excusable Event, Force Majeure or Adverse Weather Conditions, either: (i) Arrival has not occurred on or before the original Scheduled Delivery Date (disregarding for these purposes any extension to the original Scheduled Delivery Date occurring pursuant to Clause 7.1(c)(A)); and/or (ii) Owner is unable to demonstrate that the Vessel meets the Minimum Test Requirements by the Scheduled Acceptance Date, then, in each such case, the Vessel shall be deemed to have achieved the Minimum Test Requirements (“Deemed Performance”) and shall be on Hire, and Hire shall continue to be payable from 00:00 hour on: (A) in the case of (i) above, the original Scheduled Delivery Date; and (B) in the case of (ii) above, the Actual Arrival Date, in each such case for the full period of any Deemed Performance. During any period of Deemed Performance, operation of the Vessel, to the extent required, will be undertaken by the Contractor pursuant to the OSA and Charterer shall (in addition to making payment of Hire to Owner under this Charter) ensure that Customer pays the Daily Service Fee to Contractor pursuant to the OSA. (b) During any period of Deemed Performance, Charterer shall endeavour to cure any Excusable Event causing the Deemed Performance. Once Charterer cures such Excusable Event, or it or any other relevant event ceases to prevent Owner from performing its obligations, Deemed Performance shall end and Owner shall conduct the Performance Tests. If during a period of Deemed Performance, the Vessel reasonably demonstrates through the conduct of ​ ​ ​ ​ ​ SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE THEY ARE BOTH (I) NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH FIVE ASTERISKS (*****). ​ operations, that it has achieved certain Minimum Test Requirements, the Vessel will be deemed to have successfully completed any corresponding Performance Tests. If the Vessel meets the Minimum Test Requirements following Deemed Performance, the Certificate of Acceptance shall be deemed issued as of the date of commencement of the period of Deemed Performance and the Charter Period shall continue therefrom. If the Vessel fails to meet the Minimum Test Requirements following Deemed Performance: (i) the provisions of Clause 7.4(h) shall apply; and (ii) if the Vessel is not able to achieve the Required Performance Levels within ***** days following the end of D...
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Related to Deemed Performance

  • 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.

  • 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.

  • TIMELY PERFORMANCE (a) SELLER's timely performance is a critical element of this Contract. (b) SELLER shall provide LOCKHEED XXXXXX status of performance of this Contract when requested. In addition, if SELLER becomes aware of an impending labor dispute involving SELLER or any lower tier subcontractor, or any other difficulty in performing the Work, SELLER shall timely notify LOCKHEED XXXXXX, in writing, giving pertinent details. These notifications shall not change any delivery schedule.

  • Continuity of Service and Performance Unless otherwise agreed in writing, the Parties shall continue to provide service and honor all other commitments under this Agreement during the course of a Dispute with respect to all matters not subject to such Dispute.

  • 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.

  • Full Performance The Owner and the Contractor hereby agree to the full performance of the Contract Documents.

  • Payment and Performance Borrower will pay all amounts due under the Loan Documents in accordance with the terms thereof and will observe, perform and comply with every covenant, term and condition expressed or implied in the Loan Documents. Borrower will cause each other Restricted Person to observe, perform and comply with every such term, covenant and condition.

  • Security for Performance In the event that Exhibit A Section 4 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney.

  • 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.

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