Independent Payment Obligation Sample Clauses

Independent Payment Obligation. This Guarantee:
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Independent Payment Obligation. The payment obligations of Softbank hereunder are independent of all other obligations of Softbank, Softbank ECH, SBC or any other party affiliated with Softbank (collectively, the “Softbank Parties”) under any agreement, and Nihon Ariba and/or Ariba may, upon occurrence of any default hereunder, proceed in the enforcement hereof independently of, and without affecting any other right or remedy that Nihon Ariba and/or Ariba may at any time have or hold with respect to any obligations of Softbank or any affiliate under any agreement. Nihon Ariba and/or Ariba may proceed with an action against Softbank regardless of whether action is brought with respect to any of Softbank ECH or SBC. The liability of Softbank hereunder to Nihon Ariba and/or Ariba shall be reinstated and revived, and the rights of Nihon Ariba and Ariba shall continue, with respect to any Payment which thereafter shall be required to be restored or returned by Nihon Ariba and/or Ariba for any reason as though such amount had not been paid. The liability of Softbank hereunder and the enforceability of this Section 3 shall remain effective with respect to the full amount and extent of all Payments and interest on such Payments, even though the obligations of this Section 3 or any part thereof may be or hereafter may become invalid or otherwise unenforceable as against any of Softbank or Softbank ECH or SBC. For the avoidance of doubt, the obligation of Softbank under this Section 3 shall remain in full force and effect notwithstanding the termination of the Standby Purchase Agreement, the Distribution Agreement or the Amended Alliance Agreement (including, without limitation, the Attachment and Addendum) or the occurrence of a Modification Event or a Payment Failure (as such terms are defined in the Distribution Agreement).
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Independent Payment Obligation. THE RESELLER IS RESPONSIBLE FOR BILLING THE END-USER AND COLLECTING FROM THE END-USER FOR ITS OWN ACCOUNT, ALL CHARGES MADE BY RESELLER TO THE END- USER FOR USE OF THE SPECIFIC PRODUCT, INCLUDING ANY TAXES, DUTES, FEES OR OTHER CHARGES THAT THE END-USER IS REQUIRED TO PAY OR COLLECT. ONCE A PURCHASE ORDER IS ACCEPTED BY XIMA, THE SUBSCRIPTION ORDER WILL REPRESENT XXXXXXXX’S BINDING CONTRACTUAL OBLIGATION TO PAY XIMA THE SUBSCRIPTION RESELLER PRICE FOR EACH MONTH THROUGHOUT THE RESELLER SUBSCRIPTION TERM. THIS CONTRACTUAL OBLIGATION OF RESELLER IS INDEPENDENT OF RESELLER’S ABILITY TO COLLECT SUBSCRIPTION PAYMENTS FROM THE APPLICABLE END-USER, REGARDLESS OF WHETHER OR NOT THE END- USER CONTINUES TO ACCESS/USE THE PRODUCT THROUGHOUT THE DURATION OF THE RESELLER SUBSCRIPTION TERM. IN THE EVENT RESELLER FAILS TO TIMELEY TENDER ALL SUBSCRIPTION PAYMENTS REQUIRED PURSUANT TO A SUBSCRIPTION ORDER, XIMA RESERVES THE RIGHT TO (i) TERMINATE THE END- USER’S SUBSCRIPTION/LICENSE TO USE THE PRODUCT/SERVICES COVERED BY SUCH SUBSCRIPTION ORDER; (ii) TERMINATE THIS AGREEMENT; AND (iii) TAKE ANY OTHER ACTION AGAINST RESELLER AVAILABLE TO XIMA AT LAW OR EQUITY.
Sample 1

Related to Independent Payment Obligation

  • Independent Obligation The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor or the Borrower, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor or the Borrower and whether or not any other Guarantor or the Borrower is joined in any such action or actions.

  • The Companys Payment Obligation The Company’s obligation to make the payments and the arrangements provided for herein will be absolute and unconditional, and will not be affected by any circumstances, including, without limitation, any offset, counterclaim, recoupment, defense, or other right which the Company may have against the Executive or anyone else. All amounts payable by the Company hereunder will be paid without notice or demand. Each and every payment made hereunder by the Company will be final, and the Company will not seek to recover all or any part of such payment from the Executive or from whomsoever may be entitled thereto, for any reasons whatsoever. The Executive will not be obligated to seek other employment in mitigation of the amounts payable or arrangements made under any provision of this Agreement, and the obtaining of any such other employment will in no event effect any reduction of the Company’s obligations to make the payments and arrangements required to be made under this Agreement, except to the extent provided in Sections 3.3(e) and (f) herein. Notwithstanding anything in this Agreement to the contrary, if Severance Benefits are paid under this Agreement, no severance benefits under any program of the Company, other than benefits described in this Agreement, will be paid to the Executive.

  • Independent Obligations The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 hereof.

  • Payment Obligation (a) The Subscriber shall bear the obligation to pay the Service Fee to SORACOM from the day when SORACOM starts to provide the Subscriber with the telecommunication channel pursuant to this Agreement.

  • Payment Obligations Absolute The Company’s obligation during and after the Employment Period to pay the Executive the amounts and to make the benefit and other arrangements provided herein shall be absolute and unconditional and shall not be affected by any circumstances, including, without limitation, any setoff, counterclaim, recoupment, defense or other right which the Company may have against him or anyone else. Except as provided in Section 15, all amounts payable by the Company hereunder shall be paid without notice or demand. Each and every payment made hereunder by the Company shall be final, and the Company will not seek to recover all or any part of such payment from the Executive, or from whomsoever may be entitled thereto, for any reason whatsoever.

  • Repayment Obligation In the event that any State and/or federal funds are deferred and/or disallowed as a result of any audits or expended in violation of the laws applicable to the expenditure of such funds, the Contractor shall be liable to the Agency for the full amount of any claim disallowed and for all related penalties incurred. The requirements of this paragraph shall apply to the Contractor as well as any subcontractors.

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