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. ASSIGNMENT AND SUB-CONTRACTING The parties cannot assign, transfer, pledge, sub-contract this Agreement or any part or interest herein without mutual the prior written approval. Any such approval shall not relieve the party allowed to assign, transfer, pledge, sub-contract this Agreement or any part or interest herein from any liability or obligation under law or this Agreement unless specifically agreed in writing, nor shall it create any contractual relation between the sub-contractor, pledgee, transferee, or assignee, and the other party; 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 wi...
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. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s material covenants or obligations in any Transaction Document or under any instrument or agreement included in the Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except as ordered by any bankruptcy or other court or as expressly provided in this Indenture, the Transaction Documents or such other instrument or agreement.
(b) The Issuer may contract with other Persons acceptable to the Majority Holders to assist it in performing its duties under this Indenture, and any performance of such duties by a Person identified to the Indenture Trustee in an Officer’s Certificate of the Issuer shall be deemed to be action taken by the Issuer.
(c) The Issuer will punctually perform and observe all of its obligations and agreements contained in this Indenture, the Transaction Documents and in the instruments and agreements included in the Trust Estate, including, but not limited to, preparing (or causing to be prepared) and filing (or causing to be filed) all UCC financing statements and continuation statements required to be filed by the terms of this Indenture and the other Transaction Documents in accordance with and within the time periods provided for herein and therein. Except as otherwise expressly provided therein, the Issuer shall not waive, amend, modify, supplement or terminate any Transaction Document or any provision thereof without the consent of the Majority Holders.
(d) If an Event of Default, Servicer Event of Default or a Termination Event shall arise from the failure of the Servicer to perform any of its duties or obligations under the Sale and Servicing Agreement with respect to the Receivables, the Issuer shall take all reasonable steps available to it to remedy such failure.
(e) The Issuer agrees that it will not waive timely performance or observance by the Servicer, the Contributor or the Depositor of their respective duties under the Transaction Documents, without the prior written consent of the Majority Holders and each Noteholder that may be adversely affected thereby.
(f) If the adoption after the date hereof of any applicable law, rule or regulation (including any applicable law, rule or regulation regarding capital adequacy), any ...
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 failure to comply merely gives the other party options and/or remedies to protect his interests (Babasa v CA, 290 SCRA 532).
Performance of Obligation. Each obligation that the Company is required to comply with or to perform at or prior to the Closing shall have been complied with and performed in all material respects or the compliance therewith or performance thereof shall have been waived in the sole discretion of Parent.
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.
Performance of Obligation. The Vendor shall have performed or complied with, in all respects, all its obligations, covenants and agreements under this Agreement.
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.