PARTIAL PERFORMANCE. In the event less than all services are performed in a proper and timely manner, CONTRACTOR shall be paid only the reasonable cost for the services performed for the payment period as determined by COUNTY'S Administrator.
PARTIAL PERFORMANCE. If, prior to the execution of this document by both parties, Seller delivers Product to Xxxxx and Xxxxx receivesProduct from Seller at any time within the term of this Agreement, any such transactions will be governed by the terms and conditions hereof. The partiesrecognize and agree that neither shall be obligated by their course of conductto perform any future transactions hereunder unless and until this document is fully executed.
PARTIAL PERFORMANCE. Guarantor’s performance of a portion, but not all, of the Obligations shall in no way limit, affect, modify or abridge Guarantor’s liability for the Obligations which are not performed. Without in any way limiting the generality of the foregoing, in the event that Lender is awarded a judgment in any suit brought to enforce Guarantor’s covenant to perform a portion of the Obligations, such judgment shall in no way be deemed to release Guarantor from its covenant to perform any portion of the Obligations which is not the subject of the suit.
PARTIAL PERFORMANCE. Lilly and Aurora agree that Aurora may, under certain circumstances, partially perform under this Agreement, without terminating the Agreement, as set forth below:
11.4.1. In the event that Aurora is i) unable to deliver to Lilly the LILLYUHTSS by the Target Delivery Date as specified in Section 2.1.2.1 or ii) Aurora is unable to Complete a Module as specified in Section 2.1.3, Aurora shall permit Lilly to continue to use the rights granted in accordance with this Agreement to conduct the Collaborative Screening Program and the Lilly Screening Program, so long as Lilly has no outstanding payments to Aurora, and Lilly continues to permit Aurora to cure the delivery of the LILLYUHTSS by the Target Delivery Date as specified in Section 2.1.2.1 or the Completion of a Module as specified in Section 2.1.3 and Lilly notifies in writing Aurora within 30 days of such partial *** CONFIDENTIAL TREATMENT REQUESTED 44 45 performance that it desires Aurora to cure under this Section 12.2.3.
PARTIAL PERFORMANCE. Unless expressly agreed otherwise between CCHBC and the Customer, partial performance of a performance requirement shall not entitle the Customer to Performance Incentive(s) or to any other payment, discount or other benefit provided by CCHBC.
PARTIAL PERFORMANCE. 8.1 Partial services will not be accepted as contractual services.
8.2 In the case of partial performance, the Client shall be entitled to compensation instead of the entire performance if the Client is not interested in the partial performance. The §§ 280 ff. BGB shall apply.
8.3 In the event of the purchase of hardware, the return shipment shall be at the expense of the Contractor. Until the return the goods shall be stored at the risk and expense of the Contractor.
PARTIAL PERFORMANCE. It is hereby agreed that payments called for under this Agreement are based on performance of the items listed under Paragraph 1(Duties). In the event all duties are not completed or delivered, the amount due under this Agreement shall be reduced on a pro-rated basis to be determined by the RCD.
PARTIAL PERFORMANCE. Each Party hereby declares that the provisions of article 1223 of the French Civil Code shall not apply to this Agreement.
PARTIAL PERFORMANCE. Frontier agrees that in the event Frontier does not request any consulting services from Consultant that it shall nonetheless make all payments as set forth herein.
PARTIAL PERFORMANCE. Guarantor's performance of a portion, but not all, of the Guaranteed Obligations shall in no way limit, affect, modify or abridge Guarantor's liability for that portion of the Guaranteed Obligations which is not performed. Without in any way limiting the generality of the foregoing, in the event that Lender is awarded a judgment in any suit brought to enforce Guarantor's covenant to perform a portion of the Guaranteed Obligations, such judgment shall in no way be deemed to release Guarantor from its covenant to perform any portion of the Guaranteed Obligations which is not the subject of such suit.
