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Performance by us Sample Clauses

Performance by us. If you fail to observe or perform any obligation on your part contained or implied in this Agreement or if we consider it necessary or desirable to pay any moneys or incur any expenses in order to protect our interest under this Agreement, then we may perform such obligations, pay such money, or incur such expenses and any moneys so paid or expenses so incurred will be payable by you to us.
Performance by us. 5.1 We do not make any promises or claims as to the availability or uptime of the Click Demo. The Click Demo is a test environment. You may only use anonymous, non-live data. In particular, you must ensure that any payment data that is entered on the Click Demo is not live or production data. Any accounts or transactions made on the Click Demo are not real and no real money will change hands. 5.2 To the fullest extent permitted by law, except as expressly set out in this Click Test Environment User Agreement, we exclude all warranties, conditions, terms, representations or undertakings, whether express, implied, statutory or otherwise, including without limitation any condition or warranty of merchantability or fitness for a particular purpose. 5.3 To the fullest extent permitted by law in no event will we be liable to you whether in contract, tort (including negligence) or otherwise: (a) in excess of $500; and (b) in respect of any: (i) loss of data, lost profits, loss of revenue, loss of goodwill, loss of business or for any indirect, consequential or special loss, damage, cost or expense suffered or incurred by you; (ii) loss, damage, cost or expense suffered or incurred by you, to the extent to which this results from any act or omission by you; or (iii) any event or circumstance outside our direct control, including any Third Party Outage or mistakes, errors or omissions which are attributable to a third party.
Performance by us. 9.1 We shall carry out the following actions only upon receipt of and in accordance with specific Instructions: a) make payment for and/or receive any Securities or deliver or dispose of any Securities except as otherwise specifically provided for in this Agreement; b) deal with Rights, conversations, options, warrants and other similar interests or any other discretionary right in connection with Securities; c) carry out any action affecting Securities, Cash or the Custody Account other than those specified in this Clause 9.1 but in each instance subject to our written agreement. 9.2 Absent of a contrary Instruction, we shall carry out the following without further Instructions: a) in your name or on your behalf, sign affidavits, certificates of ownership and other certificates and documents relating to Securities which may be required to obtain any Securities or Cash, or for disclosure purposes to evidence beneficial ownership to any tax or regulatory authority. We will notify the Manager within reasonable time prior to the provision of such documentation to such authority unless not practicable or we are under a legal or regulatory obligation not to do so; b) collect, receive, and/or credit the Custody Account, as appropriate, with all income, payments and distributions in respect of Securities and any capital arising out of or in connection with Securities (including all Securities received by us as a result of a stock dividend, bonus issue, share sub-division or reorganisation, capitalisation of reserves or otherwise) and take any action necessary and proper in connection therewith; c) exchange interim or temporary receipts for definitive certificates, and old or overstamped certificates for new certificates; d) open Cash and Securities accounts in the name of the Portfolio with other financial institutions provided that such accounts are subject only to drawings, instructions or orders by us; e) endorse for collection, in your name, cheques, drafts and other negotiable instruments; f) notify the Manager of notices, circulars, reports and announcements which we have received, in the course of acting in the capacity of custodian, concerning Securities held on your behalf that require discretionary action. We are not responsible for the form, accuracy or content of any notice, circulate, report, announcement or other material not prepared by us, including the accuracy or completeness of any translation provided by us in regard to such forwarded communic...
Performance by us. Bank. The parties expressly acknowledge and consent to U.S. Bank acting in the capacities of successor Servicer and in the capacity as Indenture Trustee and the Collateral Custodian. U.S. Bank may, in such dual capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by U.S. Bank of express duties set forth in this Agreement in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by U.S. Bank. 105
Performance by us. 5.1 We do not make any promises or claims as to the availability or uptime of the Global Online Pay Demo. The Global Online Pay Demo is a test environment. You may only use anonymous, non-live data. In particular, you must ensure that any payment data that is entered on the Global Online Pay Demo is not live or production data. Any accounts or transactions made on the Global Online Pay Demo are not real and no real money will change hands. 5.2 To the fullest extent permitted by law, except as expressly set out in this Global Online Pay Test Environment User Agreement, we exclude all warranties, conditions, terms, representations or undertakings, whether express, implied, statutory or otherwise, including without limitation any condition or warranty of merchantability or fitness for a particular purpose. 5.3 To the fullest extent permitted by law in no event will we be liable to you whether in contract, tort (including negligence) or otherwise: (a) in excess of $500; and (b) in respect of any: (i) loss of data, lost profits, loss of revenue, loss of goodwill, loss of business or for any indirect, consequential or special loss, damage, cost or expense suffered or incurred by you; (ii) loss, damage, cost or expense suffered or incurred by you, to the extent to which this results from any act or omission by you; or (iii) any event or circumstance outside our direct control, including any Third-Party Outage or mistakes, errors or omissions which are attributable to a third party.

Related to Performance by us

  • 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 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 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 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 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 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 Landlord If Tenant fails to perform any obligation required under this Lease or by law or governmental regulation, Landlord in its sole discretion may, after ten (10) days prior written notice to Tenant, without waiving any rights or remedies and without releasing Tenant from its obligations hereunder, perform such obligation, in which event Tenant shall pay Landlord as additional rent all sums paid by Landlord in connection with such substitute performance, including interest at the Agreed Interest Rate (as defined in Section 19.J) within ten (10) days of Landlord's written notice for such payment.

  • 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.