Performance of Obligation. The parties shall perform and complete the objectives and purposes for which this Agreement is entered into within the time frame as stipulated in Annex “___” of this Agreement; Force Majeure is defined as any circumstance beyond the control of the parties, which directly prevent the parties from performing their obligations such as, but not limited to extraordinary weather conditions, fires, earthquakes or other natural calamities, valid work stoppage or suspension, orders of competent authority, civil disorder, war, and other hostilities; Should there arise any circumstance provided in 5.2 above which affects the performance of its obligations, the party concerned shall notify the other in writing setting forth such facts and circumstances within five (5) days of its occurrence. Should there be need to extend the period of compliance with its obligations, both parties shall agree on a reasonable period within which to comply with the undertaking. Upon the occurrence of any circumstance of force majeure, the parties shall endeavor to continue in the performance of its obligations so far as may be reasonably practicable. In such cases, the complying party shall give the other party a written notice of the steps it proposes to take, including any reasonable alternative means for the performance of its obligations. INDEPENDENCE OF THE PARTIES The parties are independent entities with respect to each other. Nothing in this Agreement shall be construed as creating an employer-employee relationship between the parties and their respective sub-contractors, employees, agents, or workers; Nothing in this Agreement shall be construed to place the parties in the relationship of partners, joint venture, fiduciaries or agents. The parties are not granted any right nor any authority to assume or to create an obligation or to bind the other party. A party shall not issue any public statements about or on behalf of the other party without the prior written consent of the party in whose behalf such statements are made. PRE-TERMINATION & TERMINATION — Within thirty (30) days after termination or pre-termination, cancellation, or rescission of this Agreement, the parties shall settle their respective obligations including the refund of any and all advances made or submission of deliverables, if any, or any correction or addition thereto. INDEMNIFICATION — The parties shall indemnify, hold free and harmless, and defend at its own expense the other party and its officials, ag...
Performance of Obligation. The Company will perform in all material respects all of its obligations under the terms of all material agreements, indentures, mortgages, security agreements or other debt instruments to which it is a party or by which it is bound.
Performance of Obligation. Perform, as and when due, and pay and discharge, at or before maturity, all obligations and liabilities, except where the same may be contested in good faith by appropriate proceedings, and appropriate reserves for the accrual of any of the same shall have been established to the satisfaction of Lender;
Performance of Obligation. 14.1 If the Debtor fails to perform its obligation hereunder, the Secured Party may, but shall not be obliged to, perform such obligation without prejudice to any other rights and remedies of the Secured Party hereunder, and any payments made and any costs, charges, expenses and legal fees and disbursements (on a solicitor and own client basis) incurred in connection therewith shall be payable by the Debtor to the Secured Party forthwith upon demand with interest at the Interest Rate (as defined in the Amended and Restated Loan Agreement dated April 15, 2003).
Performance of Obligation. 51 (c) Employment Contract and Services Agreement............51 (d) Acquisition Consent...................................51 (e) Lease.................................................51 (f) Assignment Agreement..................................52 (g) Book Value............................................52 (h) No Onerous Condition..................................52 (i) Deliveries by Seller..................................52 (j)
Performance of Obligation. 53 Section 3.15. Hedge Agreement Provisions................................. 54 Article IV Administration and Servicing of Receivables.............................. 55 Section 4.01. Sale and Servicing Agreement............................... 55 Article V Accounts, Collections, Payments of Interest and Principal, Releases, Spread Account, and Statements to Noteholders........................... 56 Section 5.01. Accounts................................................... 56 Section 5.02. Collection Account and Spread Account...................... 58 Section 5.03. Distribution of Funds in the Collection Account............ 60 Section 5.04. Note Payments.............................................. 62 Section 5.05. Statements to Noteholders; Tax Returns..................... 63 Table of Contents (continued) Section 5.07. Final Balances............................................. 63
Performance of Obligation. All of the covenants and conditions of this Agreement to be performed and/or to be complied with by the Corporation at or prior to the Time of Closing on the Closing Date shall have been performed or complied with, in all material respects; and all of the Corporation’s representations and warranties in this Agreement shall be accurate in all respects as of the Closing Time and as if made at the Time of the Closing other than such inaccuracies, individually and in the aggregate, as would not have or would not reasonably be expected to have a Material Adverse Effect.
Performance of Obligation. All of the terms, covenants and conditions of this Agreement to be performed and/or to be complied with by the Corporation at or prior to the Time of Closing on the Closing Date shall have been performed or complied with.
Performance of Obligation. Any obligation hereunder is performed by carrying out workshops and conferences as per this Agreement and annexes hereto and promotion of the Fund as per Article I subs. 3 hereof.
