P erformance. The Contractor shall promptly and diligently comply with its obligations under each Subcontract and shall take no action that would impair its rights thereunder. The Contractor shall take no action, and shall take all reasonable steps to prevent its Subcontractors from taking any action, that would impair NYSERDA’s rights under this Agreement. The Contractor shall not assign, cancel or terminate any Subcontract without the prior written approval of NYSERDA’s Contract Administrator as long as this Agreement remains in effect. Such approval shall not be unreasonably withheld and, in the event that notice of approval or disapproval is not received by the Contractor within thirty days after receipt of request for approval by NYSERDA, the requested assignment, cancellation, or termination of the Subcontract shall be considered approved by NYSERDA. In the event that NYSERDA requires additional time for considering approval, NYSERDA shall notify the Contractor within thirty (30) days of receipt of the request for approval that additional time is required and shall specify the additional amount of time necessary up to sixty (60) days.
P erformance. Contractor's obligation under this Agreement is to furnish Carrier a complete transportation service from origin to destination including (as may be necessary) loading and unloading of the Equipment and the Commodity tendered for transportation by a manner and means selected by Contractor. This Agreement does not obligate Contractor to accept for transportation every or any trip offered by Carrier. Contractor shall exercise diligent efforts to conduct his operations under this Agreement to assure customer satisfaction. If Contractor fails to successfully perform the transportation and services covered by this Agreement, Contractor will be liable to Carrier for any cost or expense or liability incurred as a result of Contractor's failure to perform.
P erformance. Signal Technologies agrees to perform the services defined in the SOW (“Services”). If a written construction schedule is not provided with the signing of the SOW, Signal Technologies shall not pay for any overtime to complete project and any overtime required shall be considered an extra and authorization shall be required according to CHANGES AND EXTRAS referred to below. Reasonable time shall be given to Signal Technologies to complete each phase of the job.
P erformance. EVO and Bank will perform all services in accordance with this Agreement. EVO and Bank make no warranty, express or implied, regarding the services, and nothing contained in the Agreement will constitute such a warranty. EVO and Bank disclaim all implied warranties, including those of merchantability and fitness for a particular purpose. No party will be liable to the others for any failure or delay in its performance of this Agreement if such failure or delay arises out of causes beyond the control and without the, fault or negligence of such party. Neither EVO nor Bank shall be liable for the acts or omissions of any third party.
P erformance. This Agreement, including all of Pepsi’s support to the Customer as described below, is contingent upon the Customer complying with all of the following performance criteria:
P erformance. 7.1 The Supplier shall deliver such performance as agreed within the Purchase Order and/or Supply Agreement.
7.2 If the performance of the Product and/or Service is insufficient, in the opinion of the Purchaser, Purchaser is entitled to claim a penalty equal to 1 % per calendar-day (or part thereof) that the performance is not sufficient or as agreed otherwise between parties.
7.3 If the Purchaser is of the opinion that the performance cannot be met at all, Purchaser has the right to full compensation and may still require and expect correct performance as well as the right to terminate the agreement and suspend all further obligations of Purchaser’s side or to outsource such delivery of performance to another third party while claiming the costs from Supplier.
