Performance by Xxxxxx. If Borrower shall fail to perform any covenant, duty or agreement contained in any of the Loan Documents, Xxxxxx may perform or attempt to perform such covenant, duty or agreement on behalf of Borrower after the expiration of any cure or grace periods set forth herein. In such event, Xxxxxx shall give to Borrower written notice of the action promptly thereafter and Borrower shall, at the request of Xxxxxx, promptly pay any amount reasonably expended by Xxxxxx in such performance or attempted performance to Xxxxxx, together with interest thereon at the rate of interest in effect upon the occurrence of an Event of Default as specified in subsection 1.2(D) from the date of such expenditure until paid. Notwithstanding the foregoing, it is expressly agreed that Xxxxxx shall not have any liability or responsibility for the performance of any obligation of Borrower under this Agreement or any other Loan Document.
Performance by Xxxxxx. If Borrower shall fail to perform any covenant or agreement contained in any of the Loan Documents, then Lender may perform or attempt to perform such covenant or agreement on behalf of Borrower. In such event, Borrower shall, at the request of Xxxxxx, promptly pay to Lender any amount expended by Xxxxxx in connection with such performance or attempted performance, together with interest thereon at the Default Rate from and including the date of such expenditure to but excluding the date such expenditure is paid in full. Notwithstanding the foregoing, it is expressly agreed that Lender shall not have any liability or responsibility for the performance of any covenant, agreement, or other obligation of Borrower under this Agreement or any other Loan Document.
Performance by Xxxxxx. For meals that do not meet the CACFP meal requirements, the Sponsor shall procure meals and charge the Vendor to procure the meals. If the Vendor fails to deliver any meals according to the contract terms, the Sponsor shall procure the meals from another source. The Sponsor will charge the Vendor the costs of replacing these meals. This Vendor certifies that they shall operate per all applicable State and Federal laws and regulations. This solicitation/contract, attachments, and the Vendor's proposal, with addenda, if any, constitute the entire Agreement between the Sponsor and the Vendor. The parties shall not execute any additional contractual documents pertaining to the contract, except as permitted by applicable law. This Agreement shall be in effect for one year.
Performance by Xxxxxx. If any Grantor shall fail to perform any covenants contained in this Agreement after giving effect to all applicable grace periods(including covenants to pay insurance, taxes and claims arising by operation of law in respect of the Pledged Collateral and to pay or perform any Grantor obligations under any Pledged Collateral) or if any representation or warranty on the part of any Grantor contained herein shall be breached, the Lender may (but shall not be obligated to) following notice to such Grantor of such failure to perform and such Grantor's failure to remedy such failure within a commercially reasonable time period, do the same or cause it to be done or remedy any such breach, and may make payments for such purpose; provided, however, that the Lender shall in no event be bound to inquire into the validity of any tax, Lien, imposition or other obligation which such Grantor fails to pay or perform as and when required hereby and which such Grantor does not contest in accordance with the provisions of the Loan Agreement. Any and all amounts so paid by the Lender shall be reimbursed by the Grantors in accordance with the provisions of Section 7.07. Neither the provisions of this Section 7.01 nor any action taken by the Lender pursuant to the provisions of this Section 7.01 shall prevent any such failure to observe any covenant contained in this Agreement nor any breach of representation or warranty from constituting an Event of Default.
Performance by Xxxxxx. If there shall be a Default or an Event of Default in the payment, performance or observance of any term, covenant or condition of this Instrument, Lender may, so long as such Default or Event of Default continues, at its option, pay, perform or observe the same, and all payments made or costs or expenses incurred by Lender in connection therewith, shall be secured hereby and shall be, upon demand, immediately repaid by Mortgagor to Lender with interest thereon at the Default Rate. Lender shall be the sole judge of the necessity for any such actions and of the amounts to be paid. Xxxxxx is hereby empowered to enter and to authorize others to enter upon the Land or any part thereof for the purpose of performing or observing any such defaulted term, covenant or condition without thereby becoming liable to Mortgagor or any person in possession holding under Mortgagor.
Performance by Xxxxxx. Meal(s) that do not meet the School Nutrition Program (SNP) meal requirements, the Sponsor shall procure meals and charge the Vendor to procure the meal(s). If the Vendor fails to deliver any meals according to the contract terms, the Sponsor shall procure the meals from another source. The Sponsor will charge the Vendor the costs of replacing these meals. This Vendor certified that he/she shall operate in accordance with all applicable State and Federal laws and regulations. This solicitation/contract, attachments, and the Vendor's proposal, with addenda, if any, constitute the entire Agreement between the Sponsor and the Vendor. The parties shall not execute any additional contractual documents pertaining to the contract, except as permitted by applicable law. This Agreement shall be in effect for one year.
Performance by Xxxxxx. (a) Xxxxxx of Performance -- Xxxxxx shall perform the Services in an efficient, competent and timely manner and exercise reasonable care, skill and diligence in the performance thereof.
Performance by Xxxxxx. A. Elevator Maintenance. Under this contract X’Xxxxx will maintain Purchaser’s equipment on the following terms and conditions: X’Xxxxx will use trained service people who are employed and supervised by X’Xxxxx and who are selected with the goal of providing skilled elevator maintenance work. X’Xxxxx will provide the labor and material (subject to availability) necessary to repair, replace, or renew the following elevator equipment when ordinary wear and tear as determined by X’Xxxxx requires it, and unless specifically excluded elsewhere in this agreement: • MACHINE, including worm and gear, thrust bearings and housing, drive sheave, drive sheave shaft bearing; brake including brake pulley, brake coil, brake contact, linings and component parts. • MOTOR, MOTOR-GENERATOR, AND SCR’S including auxiliary rotation systems, (tachometer, regulators and the like) motor windings, rotating elements commutator, brushes, brush holders and bearings. • GOVERNOR, including governor sheave and shaft assembly, bearings, contacts and jaws. • ALL IDLER SHEAVES, including deflector or secondary, car and counterweight, compensation and related bearings; governor tension assemblies. • CONTROLLER AND VARIOUS RELAY PANELS, including all relays, contactors, solid state components, resistors, condensers, transformers, contacts, shunts, mechanical or electrical timing devices, and integral computer components. • SELECTORS, including selector drive and its mechanical and electrical drive components. • HOISTWAY DOOR INTERLOCKS or locks and contacts; hoistway door hangers and tracks, bottom door guides and auxiliary door closing devices; hoistway landing and slow down limit switches. • GUIDE SHOES, including rollers or gibs. • BUFFERS. • AUTOMATIC POWER OPERATED DOOR OPERATOR, door protective devices, car door hanger, track, threshold and car door contact; load weighing equipment; car frame, car safety mechanism, platform; door operator chains and belts. • FIXTURES, car and hall button stations and position indicators, master indicator control panels, all signal fixtures including contacts, buttons, key switches and locks, indicator bulbs and sockets. • HYDRAULIC PUMPS, VALVES, STRAINERS, AND MUFFLERS. • CABLES, including hoist cables, wire ropes, and traveling conductor cable. • HANDRAIL, HANDRAIL DRIVE CHAINS, handrail brush guards and handrail guide rollers, alignment devices, steps, step tread, step wheels, step chains, step axle brushings, comb and floor plates, (This paragraph a...
Performance by Xxxxxx. All representations and warranties of Bethel contained in this Agreement or in any document delivered by or on behalf of Bethel to Aquarion pursuant to this Agreement shall be true and correct in all material respects at and as of the Closing Date, except for changes permitted or contemplated by this Agreement, and Xxxxxx shall have performed and complied with all agreements and conditions required by this Agreement to be performed or complied with by it on or prior to the Closing Date.
Performance by Xxxxxx. During the existence of an Event of Default, Lender shall have (and is hereby granted in such event) a royalty-free license to use intellectual property rights of the Company to complete production of, advertisement for, and disposition of any Collateral and Lender shall have a license to enter into, occupy, and use Company’s premises and the Collateral without charge to exercise any of Lender’s rights or remedies under this Agreement or under any other Transaction Document.
