Common use of Manner of Performance Clause in Contracts

Manner of Performance. Seller shall perform the Services set forth on the face of the Contract. Seller shall employ persons who possess the skill and training required to properly perform the Services. Seller shall appoint a project manager, who shall be available at all times while the Services are in progress. The project manager shall be competent with experience in the type of Services being performed and capable of properly interpreting the Contract. The project manager shall have full authority to act upon instructions from Elk Ridge. Seller represents as of the date of the Contract to each of the following: A. Seller has investigated and carefully examined the scope of the Services and understands the nature and character of the Services to be performed. B. Seller and Seller Representatives have the relevant experience and specialized knowledge to perform the Services. C. Seller is licensed under applicable state law to engage in the Services, it is in compliance with all laws and regulations applicable to the Services, and it is aware that Elk Ridge is relying on Seller’s skill and judgment in providing the Services to Elk Ridge. D. Each Seller Representative that will be on the worksite is properly trained in compliance with applicable MSHA regulations. E. The Services and other work performed by Seller do not infringe upon any copyright, patent, trade secret, or other intellectual property right of any third party, and Seller has neither assigned nor otherwise entered into an agreement (oral or written) by which it purports to assign or transfer any right, title, or interest in any technology or intellectual property right that would conflict with its obligations under the Contract.

Appears in 8 contracts

Samples: Services Agreement, Services Agreements, Services Agreement

AutoNDA by SimpleDocs

Manner of Performance. Seller Consultant shall perform the Services set forth on the face of the Contract. Seller Consultant shall employ persons who possess the skill and training required to properly perform the Services. Seller Consultant shall appoint a project manager, who shall be available at all times while the Services are in progress. The project manager shall be competent with experience in the type of Services being performed and capable of properly interpreting the Contract. The project manager shall have full authority to act upon instructions from Elk Ridge. Seller Consultant represents as of the date of the Contract to each of the following: A. Seller Consultant has investigated and carefully examined the scope of the Services and understands the nature and character of the Services to be performed. B. Seller Consultant and Seller Consultant Representatives have the relevant experience and specialized knowledge to perform the Services. C. Seller Consultant is licensed under applicable state law to engage in the Services, it is in compliance with all laws and regulations applicable to the Services, and it is aware that Elk Ridge is relying on SellerConsultant’s skill and judgment in providing the Services to Elk Ridge. D. Each Seller Consultant Representative that will be on the worksite is properly trained in compliance with applicable MSHA regulations. E. The Services and other work performed by Seller Consultant do not infringe upon any copyright, patent, trade secret, or other intellectual property right of any third party, and Seller Consultant has neither assigned nor otherwise entered into an agreement (oral or written) by which it purports to assign or transfer any right, title, or interest in any technology or intellectual property right that would conflict with its obligations under the Contract.

Appears in 6 contracts

Samples: Consulting Agreement, Consulting Agreement, Consulting Agreement

Manner of Performance. Seller shall perform the Services set forth on the face of the Contract. Seller shall employ persons who possess the skill and training required to properly perform the Services. Seller shall appoint a project manager, who shall be available at all times while the Services are in progress. The project manager shall be competent with experience in the type of Services being performed and capable of properly interpreting the Contract. The project manager shall have full authority to act upon instructions from Elk RidgeTri-State. Seller represents as of the date of the Contract to each of the following: A. Seller has investigated and carefully examined the scope of the Services and understands the nature and character of the Services to be performed. B. Seller and Seller Representatives have the relevant experience and specialized knowledge to perform the Services. C. Seller is licensed under applicable state law to engage in the Services, it is in compliance with all laws and regulations applicable to the Services, and it is aware that Elk Ridge Tri-State is relying on Seller’s skill and judgment in providing the Services to Elk RidgeTri-State. D. Each Seller Representative that will be on the worksite is properly trained in compliance with applicable MSHA regulations. E. The Services and other work performed by Seller do not infringe upon any copyright, patent, trade secret, or other intellectual property right of any third party, and Seller has neither assigned nor otherwise entered into an agreement (oral or written) by which it purports to assign or transfer any right, title, or interest in any technology or intellectual property right that would conflict with its obligations under the Contract.

Appears in 5 contracts

Samples: Services Agreement, Services Agreement, Services Agreement

Manner of Performance. Seller shall perform the Services set forth on the face of the this Contract. Seller shall employ persons who possess the skill and training required to properly perform the Services. Seller shall appoint a project manager, who shall be available at all times while the Services are in progress. The project manager shall be competent with experience in the type of Services being performed and capable of properly interpreting the this Contract. The project manager shall have full authority to act upon instructions from Elk RidgeTri-State. Seller represents as of the date of the this Contract to each of the following: A. Seller has investigated and carefully examined the scope of the Services and understands the nature and character of the Services to be performed. B. Seller and Seller Representatives have the relevant experience and specialized knowledge to perform the Services. C. Seller is licensed under applicable state law to engage in the Services, it is in compliance with all laws and regulations applicable to the Services, and it is aware that Elk Ridge Tri-State is relying on Seller’s skill and judgment in providing the Services to Elk RidgeTri-State. D. Each Seller Representative that will be on the worksite is properly trained in compliance with applicable MSHA regulations. E. The Services and other work performed by Seller do not infringe upon any copyright, patent, trade secret, or other intellectual property right of any third party, and Seller has neither assigned nor otherwise entered into an agreement (oral or written) by which it purports to assign or transfer any right, title, or interest in any technology or intellectual property right that would conflict with its obligations under the this Contract.

Appears in 3 contracts

Samples: Services Agreement, Services Agreement, Off Site Services Agreement

Manner of Performance. Seller shall perform the Services set forth on the face of the Contract. Seller shall employ persons who possess the skill and training required to properly perform the Services. Seller shall appoint a project manager, who shall be available at all times while the Services are in progress. The project manager shall be competent with experience in the type of Services being performed and capable of properly interpreting the Contract. The project manager shall have full authority to act upon instructions from Elk RidgeCompany. Seller represents as of the date of the Contract to each of the following: A. Seller has investigated and carefully examined the scope of the Services and understands the nature and character of the Services to be performed. B. Seller and Seller Representatives have the relevant experience and specialized knowledge to perform the Services. C. Seller is licensed under applicable state law to engage in the Services, it is in compliance with all laws and regulations applicable to the Services, and it is aware that Elk Ridge Company is relying on Seller’s skill and judgment in providing the Services to Elk RidgeCompany. D. Each Seller Representative that will be on the worksite is properly trained in compliance with applicable MSHA regulations. E. The Services and other work performed by Seller do not infringe upon any copyright, patent, trade secret, or other intellectual property right of any third party, and Seller has neither assigned nor otherwise entered into an agreement (oral or written) by which it purports to assign or transfer any right, title, or interest in any technology or intellectual property right that would conflict with its obligations under the Contract.

Appears in 2 contracts

Samples: Services Agreement, Services Agreement

AutoNDA by SimpleDocs

Manner of Performance. Seller shall perform the Services set forth on the face of the Contract. No Services may be performed on Elk Ridge facility pursuant to the Contract. Seller shall employ persons who possess the skill and training required to properly perform the Services. Seller shall appoint a project manager, who shall be available at all times while the Services are in progress. The project manager shall be competent with experience in the type of Services being performed and capable of properly interpreting the Contract. The project manager shall have full authority to act upon instructions from Elk Ridge. Seller represents as of the date of the Contract to each of the following: A. Seller has investigated and carefully examined the scope of the Services and understands the nature and character of the Services to be performed. B. Seller and Seller Representatives have the relevant experience and specialized knowledge to perform the Services. C. Seller is licensed under applicable state law to engage in the Services, it is in compliance with all laws and regulations applicable to the Services, and it is aware that Elk Ridge is relying on Seller’s skill and judgment in providing the Services to Elk Ridge. D. Each Seller Representative that will be on the worksite is properly trained in compliance with applicable MSHA regulations. E. The Services and other work performed by Seller do not infringe upon any copyright, patent, trade secret, or other intellectual property right of any third party, and Seller has neither assigned nor otherwise entered into an agreement (oral or written) by which it purports to assign or transfer any right, title, or interest in any technology or intellectual property right that would conflict with its obligations under the Contract.

Appears in 2 contracts

Samples: Off Site Services Agreement, Off Site Services Agreement

Manner of Performance. Seller shall perform the Services set forth on the face of the Contract. Seller shall employ persons who possess the skill and training required to properly perform the Services. Seller shall appoint a project manager, who shall be available at all times while the Services are in progress. The project manager shall be competent with experience in the type of Services being performed and capable of properly interpreting the Contract. The project manager shall have full authority to act upon instructions from Elk RidgeTri-State. Seller represents as of the date of the Contract to each of the following: A. Seller X. Xxxxxx has investigated and carefully examined the scope of the Services and understands the nature and character of the Services to be performed. B. Seller X. Xxxxxx and Seller Representatives have the relevant experience and specialized knowledge to perform the Services. C. Seller is licensed under applicable state law to engage in the Services, it is in compliance with all laws and regulations applicable to the Services, and it is aware that Elk Ridge Tri-State is relying on Seller’s skill and judgment in providing the Services to Elk RidgeTri-State. D. Each Seller Representative that will be on the worksite is properly trained in compliance with applicable MSHA regulations. E. The Services and other work performed by Seller do not infringe upon any copyright, patent, trade secret, or other intellectual property right of any third party, and Seller Xxxxxx has neither assigned nor otherwise entered into an agreement (oral or written) by which it purports to assign or transfer any right, title, or interest in any technology or intellectual property right that would conflict with its obligations under the Contract.

Appears in 2 contracts

Samples: Services Agreement, Off Site Services Agreement

Manner of Performance. Seller shall perform the Services set forth on the face of the Contract. Seller shall employ persons who possess the skill and training required to properly perform the Services. Seller shall appoint a project manager, who shall be available at all times while the Services are in progress. The project manager shall be competent with experience in the type of Services being performed and capable of properly interpreting the Contract. The project manager shall have full authority to act upon instructions from Elk RidgeTri-State. Seller represents as of the date of the Contract to each of the following: A. Seller Xxxxxx has investigated and carefully examined the scope of the Services and understands the nature and character of the Services to be performed. B. Seller and Seller Representatives have the relevant experience and specialized knowledge to perform the Services. C. Seller is licensed under applicable state law to engage in the Services, it is in compliance with all laws and regulations applicable to the Services, and it is aware that Elk Ridge Tri-State is relying on Seller’s skill and judgment in providing the Services to Elk RidgeTri-State. D. Each Seller Representative that will be on the worksite is properly trained in compliance with applicable MSHA regulations. E. The Services and other work performed by Seller do not infringe upon any copyright, patent, trade secret, or other intellectual property right of any third party, and Seller Xxxxxx has neither assigned nor otherwise entered into an agreement (oral or written) by which it purports to assign or transfer any right, title, or interest in any technology or intellectual property right that would conflict with its obligations under the Contract.

Appears in 1 contract

Samples: Services Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!