Common use of Performance by Affiliates Clause in Contracts

Performance by Affiliates. Either Party may use one or more of its Affiliates to perform its obligations and duties hereunder and Affiliates of a Party are expressly granted certain rights herein; provided that each such Affiliate shall be bound by the corresponding obligations of such Party and the relevant Party shall remain liable hereunder for the prompt payment and performance of all their respective obligations hereunder.

Performance by Affiliates. Either Party may use one or more of its Affiliates to perform its obligations and duties hereunder and Affiliates of a Party are expressly granted certain rights herein; provided that each such Affiliate shall be bound by the corresponding obligations of such Party and the relevant Party Parties shall remain liable hereunder for the prompt payment and performance of all their respective obligations hereunder.

Performance by Affiliates. Either The Parties agree that their respective rights and obligations may be exercised or performed by any of their Affiliates; provided, however, that each Party may use one or more shall be fully responsible and liable for the actions of its such Affiliates to perform its in the performance of such obligations and duties hereunder and Affiliates of a Party are expressly granted certain rights herein; provided shall ensure that each such Affiliate shall be bound by complies with the corresponding obligations terms of such Party and the relevant Party shall remain liable hereunder for the prompt payment and performance of all their respective obligations hereunderthis Agreement.

Performance by Affiliates. Either Party may use one or more of its Affiliates to perform its obligations and duties hereunder hereunder, and Affiliates of a Party are expressly granted certain rights herein; provided that each such Affiliate shall be bound by the corresponding obligations of such Party and the relevant Party shall remain liable hereunder for the prompt payment and performance of all their respective obligations hereunder.

Performance by Affiliates. Either Each Party may use one (1) or more of its Affiliates to perform its obligations and duties hereunder and such Affiliates of a Party are expressly granted certain rights herein; provided that each such Affiliate shall be bound by the corresponding obligations of such Party and the relevant such Party shall remain liable hereunder for the prompt payment and performance of all of their respective obligations hereunder.

Performance by Affiliates. Either Except as expressly prohibited hereunder, either Party may use one or more of its Affiliates to perform its obligations and duties hereunder and Affiliates of a Party are expressly granted certain rights herein; hereunder, provided that each such Affiliate shall be bound by the corresponding obligations of such Party and the relevant Party shall remain liable hereunder for the prompt timely payment and performance of all their respective of its obligations and duties hereunder.

Performance by Affiliates. Either Each Party may use one (1) or more of its Affiliates to perform its obligations and duties hereunder and such Affiliates of a Party are expressly granted certain rights herein; provided provided, that each such Affiliate shall be bound by the corresponding obligations of such Party and the relevant and, subject to an assignment to such Affiliate pursuant to Section 13.4, each Party shall remain liable hereunder for the prompt payment and performance of all their respective its payment obligations hereunder.

Performance by Affiliates. Either Each Party may use one perform some or more all of its Affiliates obligations, and/or exercise some or all of its rights, under the Agreement through its Affiliates. To the extent a Party desires to use an Affiliate to perform some of its obligations and duties hereunder and Affiliates of a under this Agreement, such Party are expressly granted certain rights herein; provided shall require that each such performance by such Affiliate shall be bound by in compliance with the corresponding obligations of applicable terms and conditions under this Agreement that would be applicable were such Party and the relevant Party shall remain liable hereunder for the prompt payment and performance of all their respective to perform such obligations hereunderdirectly.

Performance by Affiliates. Either Each Party may use one (1) or more of its Affiliates to perform its obligations and duties hereunder and such Party Affiliates of a Party are expressly granted certain rights herein; provided that each such Affiliate shall be bound by the corresponding obligations of such Party and the relevant and, subject to an assignment to such Affiliate pursuant to Section 12.4, such Party shall remain liable hereunder for the prompt payment and performance of all their its respective obligations hereunder.

Performance by Affiliates. Either To the extent a Party may use one authorizes an Affiliate to perform some or more all of its Affiliates to perform its obligations and duties hereunder and Affiliates of a Party are expressly granted certain rights herein; provided that each under this Agreement, such Affiliate shall be bound by the corresponding obligations of such Party and the relevant Party shall remain primarily liable hereunder for the prompt payment and performance any acts or omissions of all their respective obligations hereunderits Affiliates.

Performance by Affiliates. Either Party may use one or more of its Affiliates to perform its obligations and duties hereunder and Affiliates of a Party are expressly granted certain rights hereinhereunder; provided that each such Affiliate shall be bound by the corresponding obligations of such Party so notifies the other Party in writing and the relevant provided, further, that such Party shall remain liable hereunder for the prompt payment and performance of all their respective of its obligations hereunder.

Performance by Affiliates. Either Except as expressly prohibited hereunder, either Party may use one or more of its Affiliates to perform its obligations and duties hereunder and Affiliates of a Party are expressly granted certain rights herein; hereunder, provided that each such Affiliate shall be bound by the corresponding obligations of such Party and the relevant Party shall remain liable hereunder for the prompt timely payment and performance of all their respective of its obligations and duties hereunder.. 15.9

Performance by Affiliates. Either Party may use one or more of its Affiliates to perform its obligations and duties hereunder and Affiliates of a Party are expressly granted certain rights herein; provided that each such Affiliate shall be bound by the corresponding obligations of such Party and the relevant Party Parties shall remain liable hereunder for the prompt payment and performance of all their respective obligations hereunder. [**] = Portions of this exhibit have been omitted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission.

Performance by Affiliates. Either Each Party may use one (1) or more of its Affiliates to perform its obligations and duties hereunder and such Affiliates of a Party are expressly granted certain rights hereinherein to perform such obligations and duties; provided that each such Affiliate shall be bound by the corresponding obligations of such Party Party; and the relevant Party provided further that such Party, subject to an assignment to such Affiliate pursuant to Section 14.9, shall remain liable hereunder for the prompt payment and performance of all their respective its obligations hereunder.

Performance by Affiliates. Either Party may use one or more of its Affiliates to perform carry out its obligations and duties hereunder hereunder, and Affiliates of a Party are expressly granted certain rights herein; provided that each such Affiliate shall be bound by the corresponding obligations of such Party and the relevant Party shall remain liable hereunder for the prompt payment and performance of all their respective obligations hereunder.

Performance by Affiliates. Either Party may use one or more of its Affiliates to perform its obligations and duties hereunder and Affiliates of a Party are expressly granted certain rights herein; provided that each such Affiliate shall be bound by the corresponding obligations of such Party and the relevant Party Parties shall remain liable hereunder for the prompt payment and performance of all their respective obligations hereunder.. [***Remainder of the Page Intentionally Left Blank; Signature Page to Follow***]

Performance by Affiliates. Either Party may use one or more of its Affiliates to perform its obligations and duties hereunder and Affiliates of a Party are expressly granted certain rights herein; provided that each such Affiliate shall be bound by the corresponding obligations of such Party and the relevant Party shall remain liable hereunder for the prompt payment and performance of all their respective obligations hereunder.. 9.16

Performance by Affiliates. Either Each Party may use one (1) or more of its Affiliates to perform its obligations and duties hereunder and such Affiliates of a Party are expressly granted certain rights hereinherein to perform such obligations and duties; provided that each such Affiliate shall be bound by the corresponding obligations of such Party Party; and the relevant Party provided further that such Party, subject to an assignment to such Affiliate pursuant to Section 12.9, shall remain liable hereunder for the prompt payment and performance of all their respective its obligations hereunder.

Performance by Affiliates. Either Each Party may use one (1) or more of its Affiliates to perform its obligations and duties hereunder and such Affiliates of a Party are expressly granted certain rights hereinherein to perform such obligations and duties; provided that each such Affiliate shall be bound by the corresponding obligations of such Party Party; and provided further that the relevant Party assigning Party, subject to an assignment to such Affiliate pursuant to Section 15.3, shall remain liable hereunder for the prompt payment and performance of all their respective its obligations hereunder.

Performance by Affiliates. Either Party may use one or more of its Affiliates Affiliate to exercise its rights and perform its obligations and duties hereunder and Affiliates of a Party are expressly granted certain rights herein; hereunder, provided that each such Affiliate shall be bound by the corresponding obligations of such Party and the relevant Party shall remain liable hereunder for the prompt payment and performance of all their respective its obligations hereunder.

Performance by Affiliates. Either ​ Each Party may use one [***] or more of its Affiliates to perform its obligations and duties hereunder and such Affiliates of a Party are expressly granted certain rights hereinherein to perform such obligations and duties; provided that each such Affiliate shall be bound by the corresponding obligations of such Party Party; and provided further that the relevant Party assigning Party, subject to an assignment to such Affiliate pursuant to Clause 15.3, shall remain liable hereunder for the prompt payment and performance of all their respective its obligations hereunder.. ​

Performance by Affiliates. Either Each Party may use one (1) or more of its Affiliates to perform its obligations and duties hereunder and such Affiliates of a Party are expressly granted certain rights hereinherein to perform such obligations and duties; provided that each Party shall procure that each such Affiliate shall be bound by the corresponding obligations of such Party Party; and provided further that the relevant Party assigning Party, subject to an assignment to such Affiliate pursuant to Clause 13.3, shall remain liable hereunder for the prompt payment and performance of all their respective its obligations hereunder.

Performance by Affiliates. Either Party may use one or more of its Affiliates to perform its obligations and duties hereunder hereunder, and Affiliates of a Party are expressly granted certain rights herein; provided that each such Affiliate of a Party shall be bound by the corresponding obligations of such Party and the relevant such Party shall remain liable hereunder for the prompt payment and or performance of all their respective its obligations hereunder, as applicable.

Performance by Affiliates. Either Party may use one or more of its Affiliates to perform its obligations and duties hereunder and Affiliates of a Party are expressly granted certain rights herein; provided that each such Affiliate shall will be bound by the corresponding obligations of such Party and the relevant Party shall Parties will remain liable hereunder for the prompt payment and performance of all their respective obligations hereunder.

Performance by Affiliates. Either Each Party may use one (1) or more of its Affiliates to perform its obligations and duties hereunder and such Affiliates of a Party are expressly granted certain rights hereinherein to perform such obligations and duties; provided that each such Affiliate shall be bound by the corresponding obligations of such Party Party; and the relevant Party provided further that such Party, subject to an - 44 - assignment to such Affiliate pursuant to Section 14.9, shall remain liable hereunder for the prompt payment and performance of all their respective its obligations hereunder.