Lease Performance Sample Clauses

Lease Performance. PDF, as Lessor, shall perform all covenants and conditions on the part of the Lessor to be performed under the Lease and shall enforce all covenants and conditions on the part of the Company to be performed under the Lease. PDF shall timely give written notice to City of any of Company’s defaults under the Lease.
Sample 1
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Lease Performance. Concurrently with the execution of this Agreement, BUYER and SELLER are also executing the Lease (EXHIBIT "6"). If the Close of Escrow occurs under this Agreement, then the Lease shall be deemed null and void from its inception and of no force or effect. Except as provided in this subsection and subsection 14.1.3 below, if this Agreement is terminated by SELLER on account of BUYER'S default, then BUYER shall be obligated to perform as the LESSEE under the Lease and the Lease shall be in full force and effect and binding on SELLER and BUYER notwithstanding that BUYER shall no longer have the right to purchase the Property under this Agreement. Notwithstanding the preceding provision, if BUYER fails or refuses to take possession of the Property in compliance with all requirements of the Lease and agrees to fully perform all obligations under the Lease, then SELLER shall have the right to pursue any and all rights and remedies at law or in equity it may have under this Agreement and under the Lease and all such remedies shall be cumulative and non-exclusive. If BUYER takes possession of the Property and agrees to perform all obligations under the Lease, then SELLER agrees not to assert any claims against BUYER on account of its default in failing to purchase the Property under this Agreement except (a) for a claim for damages in amount equal to the amount of any Delay Credit resulting from BUYER's Delays that SELLER would have been entitled to receive in accordance with section 4.3 above, and (b) if the Lease is terminated by SELLER within twenty four (24) months on account of the breach of the Lease by BUYER that is not cured within any applicable notice and cure period under the Lease.
Sample 1
Lease Performance. (a) Except to the extent expressly excluded from the terms of this Sublease pursuant to Article 27(r) hereof, Subtenant hereby assumes performance of and agrees to perform all of the terms, obligations, covenants and conditions on the part of Sublandlord, as tenant, to be kept, observed and performed under the Master Lease during the term of this Sublease, in respect of the Premises (and areas ancillary thereto), and Subtenant agrees to indemnify and hold Sublandlord and Master Landlord harmless from and against all liabilities, claims, costs and expenses (including reasonable attorneys’ fees) relating to or arising out of Subtenant’s performance of (or failure to perform) all of such terms, obligations, covenants and conditions. Subtenant hereby waives each and every right waived by Sublandlord, as tenant, under the Master Lease. In addition to the foregoing and except as otherwise herein expressly set forth (and except to the extent expressly excluded from the terms of this Sublease pursuant to Article 27(r) hereof), Subtenant covenants and agrees that Subtenant will keep, observe and perform any act, obligation, condition or covenant to be kept, observed and performed by Sublandlord, as tenant under the Master Lease, within a time period which (i) in the event the time period set forth in the Master Lease to do the same is less than or equal to fifteen (15) days, then within a time period which is three (3) days’ shorter than the time period set forth in the Master Lease (provided if the time period allowed in the Master Lease is shorter than three (3) days, then within two (2) days instead), and (ii) otherwise, within a time period which is five (5) days’ shorter than the time period set forth in the Master Lease for Sublandlord, as tenant thereunder, to perform, keep and observe such act, obligation, condition or covenant; provided, however, that in no event shall Subtenant cause a default to occur under the Master Lease. It is expressly noted, acknowledged and confirmed by Subtenant that a breach, default or failure to observe, perform or otherwise comply with all or any of the obligations, covenants, conditions, rules and regulations in this Sublease or the Master Lease on Subtenant’s part to be observed, performed or complied with shall be and be deemed to be a violation by Subtenant of a substantial obligation of the tenancy created by this Sublease entitling Sublandlord, after the passage of any applicable notice and cure period(s), to pursue any...
Sample 1
Lease Performance 
Sample 1

Related to Lease Performance

  • Due Performance Each party to this Agreement undertakes the obligation that the other's expectation of receiving due performance will not be impaired. When reasonable grounds for insecurity arise with respect to the performance of either party, the other may, in writing, demand adequate assurance of due performance and until such written assurance is received may, if commercially reasonable, suspend any performance for which the agreed return has not been received.

  • 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:

  • 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.

  • Time for Performance 1.1. The term of this SOW Agreement shall begin on and end on (the “Initial Term”). The Initial Term may be extended as the parties may agree. The State may terminate this SOW for convenience upon thirty days prior written notice to the Contractor. If the Master Agreement should expire or otherwise terminate prior to the end of the term of this SOW Agreement, this SOW Agreement shall continue to the end of its existing term, unless or until terminated in accordance with the terms of this SOW Agreement, and the Parties acknowledge and agree that the terms of the Master Agreement shall survive and apply to this SOW Agreement.

  • Assist Performance Buyer shall exercise its reasonable best efforts to cause to be fulfilled those conditions precedent to Seller’s obligations to consummate the transactions contemplated hereby which are dependent upon actions of Buyer and to make and/or obtain any necessary filings and consents in order to consummate the sale transaction contemplated by this Agreement.

  • Not Impair Performance Buyer shall not take any intentional action that would cause the conditions upon the obligations of the parties hereto to effect the transactions contemplated hereby not to be fulfilled, including, without limitation, taking or causing to be taken any action that would cause the representations and warranties made by any party herein not to be true, correct and accurate as of the Closing, or in any way impairing the ability of Seller to satisfy its obligations as provided in Article VII.

  • 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.

  • Timely Performance (a) SELLER's timely performance is a critical element of this Contract.

  • Seller’s Performance (a) All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects.

  • 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.

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