Manager’s Performance Sample Clauses

Manager’s Performance. The Manager may not withhold performance under this Agreement during the dispute resolution period, including judicial resolution. The Manager must perform all services under this Agreement including any disputed services with the same diligence and effort as if no dispute existed. The Commissioner’s written determination must be complied with pending final resolution, including judicial resolution of the dispute. Neither the Commissioner’s determination, nor the actions of the Manager or the Owner in connection therewith, nor the continued performance by either party, shall constitute an admission as to any factual and/or legal position in connection with the dispute or a waiver of any rights under this Agreement.
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Manager’s Performance. Pursuant to paragraph II.C. hereof, the Manager agrees to enforce the obligation of the Operators to conduct all activities in a good and workmanlike manner and to maintain insurance as provided for in the Operating Agreements, but shall have no liability to the Company for losses sustained or liabilities incurred by the Company with respect to the Net Well(s) except as may result from the Manager's gross negligence or willful misconduct, and the Manager does not warrant, guarantee, or represent that a well will produce any gas at all or in any particular quantities.
Sample 1
Manager’s Performance. The Manager may not withhold performance under this Agreement during the dispute resolution period, including judicial resolution. The Manager must perform all services under this Agreement including any disputed services with the same diligence and effort as if no dispute existed. The Commissioner’s written determination must be complied with pending final resolution, including judicial resolution of the dispute. Neither the Commissioner’s determination, nor the actions of the Manager or the Owner in connection therewith, nor the continued performance by either party, shall constitute an admission as to any factual and/or legal position in connection with the dispute or a waiver of any rights under this Agreement. USE AND OPERATION OF THE HOTELS Use and Standard of Operation Owner, without relinquishing Owner’s property interests in the Hotels, hereby grants to Manager the sole and exclusive right to manage and operate the Hotels, pursuant to the terms of this Agreement and Manager agrees that, except to the extent excused as hereinafter provided, Manager will, as the agent of Owner, as described in Section 1.1, operate, service, and maintain the Hotels during the Term consistent with the Brand Standards (as defined in Section 1.4) and in a businesslike and efficient manner in accordance with the terms of this Agreement; and Manager shall use the Hotels in a manner consistent with the Brand Standards and for other activities that are customary and usual in connection with such an operation; all of the foregoing shall be effected with the primary purpose of maximizing both the Hotels’ long term (a) profitability, (b) value in a manner consistent with the Brand Standards, and (c) customer service. Except as otherwise specifically limited under this Agreement, approved budget and line item limitations, the affirmative action and equal employment opportunity requirements set forth in Section 15 and Exhibit E, the required City contracting guidelines set forth in Exhibit F, and Owner’s right to approve certain contracts, Manager, as sole and exclusive agent of Owner, as described in Section 1.1, shall have the right and obligation to operate the Hotels including, without limitation, the following:
Sample 1
Manager’s Performance. Owner shall review and evaluate the performance of Manager in carrying out the policies for the Facility.
Sample 1
Manager’s Performance. (a) General Standards. Manager will perform all functions necessary or desirable for the proper and efficient management of the Unit in such a manner as Manager deems reasonably appropriate. Manager reserves the right to institute procedures and regulations as Manager deems necessary for the efficient management and/or rental of the Unit.
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Manager’s Performance 
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Related to Manager’s Performance

  • 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.

  • Buyer’s Performance (a) All of the covenants and obligations that Buyer is 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 performed and complied with in all material respects.

  • Purchaser’s Performance All of the other covenants and obligations that the Purchaser is required to comply with or to perform pursuant to this Agreement at or prior to the Closing (considered collectively), and each of said covenants and obligations (considered individually), shall have been complied with and performed in all material respects.

  • 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.

  • 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:

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

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