Diligent Performance. With respect to any duty or obligation imposed on a Party by this Agreement, unless a time limit is specified for the performance of such duty or obligation, it shall be the duty or obligation of such Party to commence and perform the same in a diligent and workmanlike manner and to complete the performance of such duty or obligation as soon as reasonably practicable after commencement of performance.
Diligent Performance. During his Engagement, the Director shall faithfully and diligently perform such duties and exercise such powers in relation to the Company as are specified herein and as may from time to time be duly vested in him by the Company. The Director shall perform his duties with a good manager’s care so as to embody and enhance the Company’s reputation for excellence.
Diligent Performance. (a) Subcontractor agrees to commence, pursue diligently and complete the work in such sequence and order and according to such schedules as Contractor shall establish from time to time during the course of the work, and shall perform the work so as not to delay any other trades or contractors, time being of the essence of this Subcontract. Any written dates furnished by the Subcontractor and approved by Contractor and Owner for delivery of materials, samples, shop drawings, etc., shall become a part of this Subcontract. Subcontractor shall furnish information requested by the Contractor in connection with monitoring and updating the Project schedule and shall immediately notify Contractor in writing of any interruption of the work or late delivery which causes or may cause a delay in Subcontractor's performance. No extension of completion date shall be permitted unless approved in writing by the Contractor and Owner, and Subcontractor shall be responsible for any losses or penalties incurred by Contractor as a result of delays in completing Subcontractor’s work. If Contractor determines that the Subcontractor is behind schedule or will not be able to maintain the schedule, Subcontractor shall submit a remedial plan to recover, shall work overtime, shift work, or work in an altered sequence, if deemed necessary, in the judgment of the Contractor to maintain the progress of the work. Any such overtime, acceleration, shift or altered sequence work required to maintain progress or to complete the work on a timely basis shall be at Subcontractor's expense and shall not entitle Subcontractor to an extension of time or additional compensation. Contractor may supplement Subcontractor's forces, at Subcontractor's expense, if deemed necessary by the Contractor to maintain the Project schedule. Subcontractor shall be liable to the Contractor for any delay or damages, including consequential or liquidated damages, threatened or assessed against the Contractor to the extent caused by the Subcontractor.
Diligent Performance. During the Term, Mr. Park shall faithfully and diligently perform such duties and exercise such powers in relation to the Company as are specified herein, and as may from time to time be duly vested in him by the Company. Mr. Park shall perform his duties in a professional manner so as to embody and enhance the Company's reputation for excellence.
Diligent Performance. Time is of the essence of the Contract. Supplier agrees to prosecute the Work with all due diligence and shall effect delivery of the Goods and/or perform the Services by the date(s) specified in the Contract.
Diligent Performance. The Society shall operate and maintain the Pound in a good and workmanlike manner and shall otherwise conduct its operations under this Agreement faithfully and diligently and in accordance with all terms and conditions of this Agreement.
Diligent Performance. During the Term, each Investigator will use diligent efforts to perform the Research in accordance with the timetable set forth in the Proposal, pursuant to his or her Investigator Research, and in accordance with the applicable Investigator Budget. The Investigator and the Investigator Institution will not subcontract any of its obligations under the Investigator Research, except as disclosed in the Investigator Research, without the prior written consent of FLQ, which consent may be withheld in FLQ’s sole discretion. If Investigator desires to perform any human clinical studies as part of the Investigator Research, the Investigator must first receive FLQ’s written consent, which FLQ may withhold in its sole discretion. Investigator is solely responsible for acquiring all regulatory and IRB approvals necessary to perform any approved clinical research.
Diligent Performance. Executive accepts the employment described in Article I of this Agreement and agrees to devote his full time and efforts to the faithful and diligent performance of the services described herein, including the performance of such other services and responsibilities as the Company may, from time to time, stipulate. Notwithstanding any provision in this Agreement to the contrary, Executive shall be permitted to serve as a member of the board of directors of other for-profit or non-profit organizations, so long as such memberships do not interfere, individually or in the aggregate, with the performance of the Executive’s duties hereunder and would not reasonably be expected to compete with the business of the Company.
Diligent Performance. Each Party shall use Commercially Reasonable Efforts during the Research Term to perform that part of the Research Program for which such Party is responsible pursuant to the terms and conditions of this Agreement, and to complete such tasks in compliance with the Research Plan. BMS shall use Commercially Reasonable Efforts to Develop or Commercialize at least one Licensed Compound or Licensed Product. During the Combined Period, such Commercially Reasonable Efforts shall be satisfied if BMS uses Commercially Reasonable Efforts to conduct the Development of at least one Licensed Compound to obtain ECN Approval thereof. During the period that BMS is funding at least * (*) FTEs of AMRI that are working on the Research Program, BMS shall be deemed to be using such Commercially Reasonable Efforts and to have satisfied its obligation under this Agreement to use Commercially Reasonable Efforts to Develop or Commercialize at least one Licensed Compound or Licensed Product. After the Combined Period, BMS shall use Commercially Reasonable Efforts to conduct the Development, manufacturing, and obtain Approval of at least one Retained Product for at least one Reserved Indication in the United States. After Approval in the United States of a Retained Product for an Indication, BMS shall use Commercially Reasonable Efforts to Commercialize each such Retained Product for each such Indication in the United States. With respect to countries outside the United States, after the Combined Period BMS shall use Commercially Reasonable Efforts to obtain Approval of at least one Retained Product for at least one Reserved Indication in each Major Market Country other than the United States unless Commercialization of such Product in any such Major Market Country is not warranted because of Approval and/or Commercialization issues in such country that are not caused by BMS or a product being marketed or to be marketed by BMS in such country. As reasonably requested by AMRI, BMS shall provide AMRI with information as to why Commercialization is not warranted. In the event that BMS is complying with BMS’ obligations under this Section 8.2 with respect to one Retained Product, then all Reserved Indications shall remain Reserved Indications. In addition, if BMS is meeting its obligations under this Section 8.2 with respect to one Retained Product, then BMS shall not be obligated to Develop or Commercialize any other Retained Product.
Diligent Performance. (a)Subcontractor will commence, pursue diligently, complete the work and all requirements of this Subcontract Agreement in such sequence (and order) and according to such schedules as Contractor shall establish from time to time during the course of the work. Subcontractor shall perform the work so as not to delay any other trades or contractors, Subcontractor understands that time is of the essence in the performance of this Subcontract. Any written dates for performance furnished by Subcontractor and approved by Contractor or Owner for delivery of materials, samples, shop drawings, etc., shall become a part of this Subcontract. Subcontractor shall immediately notify Contractor in writing of any interruption on the job or late delivery which causes or may cause a delay in Subcontractor’s performance. No extension of the completion date shall be permitted unless approved in writing by Contractor and Owner, and Subcontractor shall be responsible for any losses or damages incurred as a result of delays in completing its work. At no additional cost to Contractor, unless approved in advance, Subcontractor shall work overtime or increase manpower if deemed necessary, in the judgment of Contractor, to maintain the progress of the work. Any such overtime or shift work required to maintain progress or to complete the work on a timely basis shall be at Subcontractor’s expense and shall not be charged to Contractor unless specifically authorized in writing by Contractor prior to the commencement of such overtime or shift work.
