Performance by Assignor Sample Clauses

Performance by Assignor. Without limiting the foregoing, if at any time Company or any of its Affiliates become obligated to pay any amounts in respect of, or any fees, costs or expenses relating to, or otherwise to perform any obligations in respect of, any Retained Obligation, then, promptly upon notice thereof from Company, subject to Section 6(d) hereof, Assignor shall make any payments required to be made and perform any other obligation otherwise required to be performed by Company or any of its Affiliates.
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Performance by Assignor. ASSIGNOR covenants and agrees that it will perform and observe, duly and punctually, any and all of its obligation and duties as SUBLESSOR under the SUBLEASE in accordance with the terms thereof.
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Performance by Assignor. Assignor shall at all times diligently enforce its rights in, under and to the Tax Increment Agreement, unless otherwise directed by Assignee in writing, and shall, at Assignor’s sole cost and expense, appear in and defend Assignee and Lenders in any action or proceeding in any way connected with the Tax Increment Agreement, and shall pay all reasonable costs and expenses, including, without limitation, attorneys’ fees, which Assignee or Lenders may incur in connection with Assignee’s or Lenders’ appearance, voluntarily or otherwise, in any such action or proceeding in any way connected with the Tax Increment Agreement.
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Performance by Assignor. Assignor covenants and agrees that it shall perform its obligations under the Tenant Leases in accordance with their terms. Assignor shall not default in the performance of any obligation of Assignor under any Tenant Lease if, by reason of such default, the Tenant or other party thereunder has the right to cancel such Tenant Lease or to claim any diminution or offset against future Rents, Issues or Profits.
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Performance by Assignor. (a) Notwithstanding this Assignment, Assignor shall remain liable for any obligations undertaken by it pursuant to any Lease. Upon the occurrence of an Event of Default, Lender may elect, in its sole discretion, to assume any and all such obligations of Assignor under any Lease by written notice to the tenant under such Lease with a copy to Assignor; provided, however, that Assignor shall remain liable for such obligations notwithstanding such election by Lender. (b) Notwithstanding any legal presumption to the contrary, Lender shall not be obligated by reason of acceptance of this Assignment to perform any obligation of Assignor under the Leases. This Assignment shall not place responsibility for the control, care, management, upkeep, operation or repair of all or any part of the Premises upon Lender, or make Lender liable or responsible for any negligence in the control, care, management, upkeep, operation or repair of all or any part of the Premises resulting in loss or injury or death to any tenant, licensee, employee or other person or loss of or damage to the property of any of the foregoing. (c) Assignor hereby agrees to defend, indemnify and hold harmless Lender from any and all claims, liability, loss or damage, costs and expenses (including reasonable attorneys’ fees) arising from any claims by any tenant under any Lease, except for actions arising solely by reason of Lender’s negligence. (d) Assignor agrees that it will faithfully observe, discharge and perform all of the obligations and agreements imposed upon Assignor under the Leases. Assignor shall not do either of the following without the prior written consent of Lender, which will not be unreasonably withheld or delayed: (a) unless such Lease is 5,000 square feet or less, consent to any cancellation, extension or assignment or material modification or alteration of any of the Leases except in the normal course of business and consistent with sound and customary leasing and management practices for similar properties or (b) collect or accept payment of any of the Rents arising or accruing under any Lease more than one (1) month in advance of the time when the same shall become due under the terms of such Lease. All Leases shall be (i) at a rental and on terms consistent with the terms for similar leases in the market area of the Property and (ii) written on a standard form approved by Lender. Assignor shall at all times promptly and faithfully perform its obligations and agreements contain...
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Performance by Assignor. If the Assignee defaults in or breaches or fails to perform or observe any of the terms and conditions of the Drilling Agreement, the Assignor must forthwith upon receipt of notice from Phillips requiring it to do so, perform and obsexxx xxx of those terms and conditions and thereafter will continue to perform and observe them until termination of the Drilling Agreement.
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Related to Performance by Assignor

  • Performance by Seller Seller shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed or complied with by each of them, on or before the Closing Date.

  • Performance by Buyer Buyer shall have performed and complied with all covenants and agreements and satisfied all conditions required by this Agreement to be performed by Buyer on or before the Closing Date.

  • Performance by Purchaser Purchaser shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by Purchaser at or prior to the Closing Date.

  • PERFORMANCE BY INVESTOR Investor shall have performed, satisfied and complied in all respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Investor at or prior to such Closing.

  • Performance by Agent If the Borrower shall fail to perform any covenant, duty or agreement contained in any of the Loan Documents, the Agent may perform or attempt to perform such covenant, duty or agreement on behalf of the Borrower after the expiration of any cure or grace periods set forth herein. In such event, the Borrower shall, at the request of the Agent, promptly pay any amount reasonably expended by the Agent in such performance or attempted performance to the Agent, together with interest thereon at the applicable Post-Default Rate from the date of such expenditure until paid. Notwithstanding the foregoing, neither the Agent nor any Lender shall have any liability or responsibility whatsoever for the performance of any obligation of the Borrower under this Agreement or any other Loan Document.

  • Performance by Contractor The Contractor, at the Contractor's own expense, shall, except as herein otherwise specifically provided, furnish and provide all and every kind of labour and superintendence, services, tools, implements, machinery, plant materials, articles and whatsoever is necessary for the due execution of the work. The Contractor shall fully construct and erect the work in the most thorough, professional and substantial manner, in every respect to the satisfaction and approval of the Engineer. The Contractor shall complete the work within the time specified herein and deliver it to the Minister in the manner and upon the terms and conditions of the Contract.

  • Performance by Lender If the Pledgor shall fail to perform, observe or comply with any of the conditions, covenants, terms, stipulations or agreements contained in this Agreement or any of the other Financing Documents, the Lender without notice to or demand upon the Pledgor and without waiving or releasing any of the Obligations or any Default or Event of Default, may (but shall be under no obligation to) at any time thereafter make such payment or perform such act for the account and at the expense of the Pledgor, and may enter upon the premises of the Pledgor for that purpose and take all such action thereon as the Lender may consider necessary or appropriate for such purpose and the Pledgor hereby irrevocably appoints the Lender as its attorney-in-fact to do so, with power of substitution, in the name of the Lender or in the name of the Pledgor or otherwise, for the use and benefit of the Lender, but at the cost and expense of the Pledgor and without notice to the Pledgor. All sums so paid or advanced by the Lender together with interest thereon from the date of payment, advance or incurring until paid in full at the Post-Default Rate and all costs and expenses, shall be deemed part of the Enforcement Costs, shall be paid by the Pledgor to the Lender on demand, and shall constitute and become a part of the Obligations.

  • Performance by Affiliates Each Party may discharge any obligations and exercise any right hereunder through any of its Affiliates. Each Party hereby guarantees the performance by its Affiliates of such Party’s obligations under this Agreement, and shall cause its Affiliates to comply with the provisions of this Agreement in connection with such performance. Any breach by a Party’s Affiliate of any of such Party’s obligations under this Agreement shall be deemed a breach by such Party, and the other Party may proceed directly against such Party without any obligation to first proceed against such Party’s Affiliate.

  • Performance by Secured Party If Debtor fails to perform any agreement or obligation provided herein, Secured Party may itself perform, or cause performance of, such agreement or obligation, and the expenses of Secured Party incurred in connection therewith shall be a part of the Indebtedness, secured by the Collateral and payable by Debtor on demand.

  • Performance by Borrower Borrower shall in a timely manner observe, perform and fulfill each and every covenant, term and provision of each Loan Document executed and delivered by, or applicable to, Borrower, and shall not enter into or otherwise suffer or permit any amendment, waiver, supplement, termination or other modification of any Loan Document executed and delivered by, or applicable to, Borrower without the prior written consent of Lender.

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