Performance of the Parties Sample Clauses

Performance of the Parties. Each Party shall: i) perform its obligations under the Agreement according to the requirements of the Agreement, all applicable Legal Provisions, any specifications and requirements decided upon by the MCSC, good practice and current professional standards, applicable for these types of obligations; ii) use, where appropriate, suitable technology, materials and/or equipment including necessary backups and contingency plans and trained and competent staff for the execution of its obligations under the Agreement; iii) perform its obligations under the Agreement in the best interest of all Parties in order to achieve a well-functioning SIDC; iv) have the necessary licenses and authorisations to enter into the Agreement; and v) have the knowledge, experience and human and technical competences necessary for the satisfactory performance of its obligations under the Agreement.
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Performance of the Parties. By Xxxxxx’s acceptance of this Contract, Xxxxxx agrees to proceed immediately to procure the necessary materials and to commence the manufacture of the Goods/Services or the performance of the services called for by this Contract, and to pursue such work with all diligence to the end that the Goods/Services may be delivered or services performed in accordance with this Contract. Subject to the terms of this clause, Xxxxx agrees to pay Seller in accordance with the terms of this Contract for conforming Goods/Services tendered in accordance with this Contract.
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Performance of the Parties. The respective obligations of the parties hereunder are subject to the performance by each other party hereto of its own obligations hereunder. DATED: [DATE], 2023 [PURCHASER] as Purchaser By Atrisco Energy Storage LLC, its sole member By: [ENTITY NAME], its sole member By [NAME], Manager ATRISCO ENERGY STORAGE LLC, as Company By: [ENTITY NAME], its sole member By [NAME], Manager Attest: CITY OF RIO RANCHO, NEW MEXICO (SEAL) By City Clerk Its Mayor City of Rio Rancho, New Mexico [PURCHASER] Rio Rancho, New Mexico [Address] Atrisco Energy Storage LLC BOKF, NA [Address] Albuquerque, New Mexico Ladies and Gentlemen: We have acted as Bond Counsel to Atrisco Energy Storage LLC in connection with the issuance and sale by the City of Rio Rancho, New Mexico (the “Issuer”) of its Taxable Industrial Revenue Bonds (Atrisco Energy Storage LLC Project) Series 2023 in the maximum principal amount of $420,000,000 (the “Bonds”). The Bonds will bear interest on the outstanding principal amount at a per annum rate equal to four percent (4%). Interest on the Bonds is payable each 1 beginning 1, 20 , with the outstanding principal amount of the Bonds plus all interest thereon due and payable in full at their final maturity. The Bonds are subject to redemption prior to maturity as described in the Indenture dated as of The principal of, interest on and redemption price of the Bonds are not general obligations of the Issuer but special obligations payable solely from the revenues pledged under the Indenture. Neither the faith and credit nor the taxing power of the State of New Mexico or of any of its political subdivisions or municipalities, including the Issuer, is pledged to the payment of the principal of, interest on or redemption price of the Bonds. The principal of, interest on and redemption price of the Bonds will never constitute a debt or indebtedness of the Issuer within the meaning of any provision or limitation of the constitution or laws of the State of New Mexico. The Bonds will never constitute nor give rise to a pecuniary liability of the State of New Mexico, any of its political subdivisions or of the Issuer or a charge against their general credit or taxing powers. In connection with the issuance of the Bonds, we have examined (a) a certified copy of an ordinance passed by the Rio Rancho City Council on December , 2022 authorizing the issuance of the Bonds, pursuant to and under the provisions of Sections 3-32-1 through 3-32-16, New Mexico Statutes Annotated,...
Sample 1
Performance of the Parties. 6.1. Each Party shall perform its own special separate part using its best endeavours for the best of the development of polyurethane foam made without the use of isocyanates, and may exchange confidential samples. 6.2. LR shall supply process technology knowledge, testing and general know-how regarding foam.
Sample 1
Performance of the Parties. Each Party shall: i) perform its obligations under this DAOA according to the requirements of this DAOA, all applicable laws and regulations, any ii) use, where appropriate, suitable technology, materials and/or equipment including necessary backups and contingency plans and trained and competent staff for the execution of its obligations under this DAOA; iii) perform its obligations under this DAOA in the best interest of all Parties to achieve a well-functioning SDAC; iv) have the necessary license and authorisations to enter into this Agreement; and v) have the knowledge, experience and human and technical competence necessary for the satisfactory performance of its obligations under this DAOA.
Sample 1
Performance of the Parties. 3.1 Each Party undertakes to perform its obligations in connection with the Project, on the terms of this Agreement, as amended by the Special Terms and Conditions for that Project. 3.1 The Parties shall hold regular meetings (not less than once every six months) in order to inform each other on the status of the activities covered hereunder.
Sample 1
Performance of the Parties. The parties agree to assume the following rights, duties and responsibilities: A. EZLinks shall provide each PGC with computer software necessary for the PGC's participation in the ETN, WebMarket and EZ POS (if chosen) as detailed in this Agreement. B. PGC shall provide high-speed internet connectivity to access ETN unless otherwise indicated in this Agreement. PGC agrees that connectivity will not be provided through a satellite internet provider. C. PGC shall provide any necessary networking (non-wireless) within the facility. PGC agrees that computers running the EZLinks software will be connected to the network via cabling (not wirelessly). All networking must be completed one week prior to the EZLinks installation. D. PGC is responsible for maintaining security on the network at all times. EZLinks assumes no responsibility for viruses, malware or other issues that arise due to security breaches on the golf course’s network, and accepts no liability for the consequences of said breaches, regardless of the ownership of the PCs residing on the network. E. PGC agrees not to allow internet browsing on the EZLinks-provided computers, other than as necessary to run the EZLinks software. The EZLinks computers will be configured to allow access only to EZLinks-designated websites required for such purposes, and will be locked down from any other websites. PGC agrees that, should the configuration of the computers be altered (either by golf course personnel or, upon request, by EZLinks personnel) to allow internet browsing, EZLinks accepts no liability for the consequences of said internet browsing, including the introduction of malware and viruses onto the golf course’s network, and PGC will be required to sign a document accepting responsibility for these potential issues. If the golf course requires the assistance of the EZLinks Support team to resolve issues arising after opening the EZLinks computers to internet browsing, such assistance will be billed to PGC at the prevailing hourly rate, in 15 minute increments at a rate of $90/hour. F. EZLinks shall provide a PA-DSS compliant tee time reservation system, but it is wholly the responsibility of the PGC to establish and maintain PCI compliance within PGC. The EZLinks POS system is considered “out of scope” of the PA-DSS guidelines for POS systems (i.e., the EZLinks software does not handle cardholder data), but the EZ POS system provides an interface with several PA-DSS compliant credit card processors. G....
Sample 1
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Performance of the Parties. Each of the provisions of this Agreement required to be performed or complied with on or prior to the Exchange Distribution Date or on or prior to the Spin-Off Distribution Date shall have been timely performed or complied with by the party owing performance or compliance.
Sample 1
Performance of the Parties. The parties agree to assume the following rights, duties and responsibilities: 1. Client will provide any required data connectivity at its facility for the performance of this agreement. 2. Client agrees that it will not forward its main number to W5, but shall implement an auto-attendant if all tee time calls are to be handled by the W5 reservation center. 3. Client will be responsible for any costs and fees associated with implementing call forwarding, except for toll- free charges described below. 4. Reservation Center: • W5 is responsible for the toll-free telephone charges associated with forwarding calls to W5, unless Client elects to use its own toll-free number. • W5 will, with Client or PGC, develop a telephone protocol to be used by W5 CSR’s when answering telephone calls for the PGC. • W5 CSR’s will endeavor to capture golfer data, including first name, last name, postal code, phone number, and email address.
Sample 1

Related to Performance of the Parties

  • Performance of the Work The Contractor shall perform all of the Work required for the complete and prompt execution of everything described or shown in, or reasonably implied from the Contract Documents for the above referenced Project.

  • Performance of the Company The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement and the Registration Rights Agreement to be performed, satisfied or complied with by the Company at or prior to the Commencement. The Company shall deliver to the Investor on the Commencement Date the compliance certificate substantially in the form attached hereto as Exhibit C (the “Compliance Certificate”).

  • PERFORMANCE OF THE CONTRACT II.1.1. The Contractor shall perform the Contract to the highest professional standards. The Contractor shall have sole responsibility for complying with any legal obligations incumbent on him, notably those resulting from employment, tax and social legislation. II.1.2. The Contractor shall have sole responsibility for taking the necessary steps to obtain any permit or licence required for performance of the Contract under the laws and regulations in force at the place where the tasks assigned to him are to be executed. II.1.3. Without prejudice to Article II.3 any reference made to the Contractor’s staff in the Contract shall relate exclusively to individuals involved in the performance of the Contract. II.1.4. The Contractor must ensure that any staff performing the Contract have the professional qualifications and experience required for the execution of the tasks assigned to them. II.1.5. The Contractor shall neither represent the Agency nor behave in any way that would give such an impression. The Contractor shall inform third parties that he does not belong to the European public service. II.1.6. The Contractor shall have sole responsibility for the staff who execute the tasks assigned to him. II.1.7. In the event of disruption resulting from the action of a member of the Contractor's staff working on Agency premises or in the event of the expertise of a member of the Contractor's staff failing to correspond to the profile required by the Contract, the Contractor shall replace him without delay. The Agency shall have the right to request the replacement of any such member of staff, stating its reasons for so doing. Replacement staff must have the necessary qualifications and be capable of performing the Contract under the same contractual conditions. The Contractor shall be responsible for any delay in the execution of the tasks assigned to him resulting from the replacement of staff in accordance with this Article. II.1.8. Should any unforeseen event, action or omission directly or indirectly hamper execution of the tasks, either partially or totally, the Contractor shall immediately and on his own initiative record it and report it to the Agency. The report shall include a description of the problem and an indication of the date on which it started and of the remedial action taken by the Contractor to ensure full compliance with his obligations under the Contract. In such event the Contractor shall give priority to solving the problem rather than determining liability. II.1.9. Should the Contractor fail to perform his obligations under the Contract in accordance with the provisions laid down therein, the Agency may - without prejudice to its right to terminate the Contract - reduce or recover payments in proportion to the scale of the failure. In addition, the Agency may impose penalties or liquidated damages provided for in Article II.16.

  • Performance of the Services In addition to the Common Articles, it is specified that:

  • Independence of the Parties Nothing herein shall be construed to modify, abridge, or deny the authority or discretion of any Party to independently develop, administer, or control transportation projects pursuant to enumerated authority or funding sources separate from those in this Agreement.

  • Performance of the Agreement 2.1 The Designer must make every effort to perform the work commissioned carefully and independently, to promote the client’s interests to the best of his or her ability and to aim to achieve a result that is useful to the client, as can and may be expected of a reasonably and professionally acting designer. To the extent necessary the Designer must keep the client informed of the progress of the work. 2.2 The client must do any and all things that are reasonably necessary or required to enable the Designer to deliver punctually and properly, such as supplying (or causing the supply of) complete, sound and clear data or materials in a timely manner of which the Designer states or of which the client understands or should reasonably understand that they are necessary for the performance of the agreement. 2.3 Terms stated by the Designer for the performance of the work commissioned are approximations only, unless otherwise agreed in writing. 2.4 Unless otherwise agreed, the following do not form part of the work commissioned to the Designer: a. performing tests, applying for permits and assessing whether the client’s instructions comply with statutory or quality standards; b. investigating any existing rights, including patents, trademarks, drawing or design rights or portrait rights of third parties; and c. investigating the possibility of the forms of protection referred to in (b) for the Client. 2.5 Prior to performance, production, reproduction or publication, the parties must give each other the opportunity to check and approve the final draft, prototypes or galley proofs of the result. 2.6 Differences between the (final) result and the agreements made cannot serve as grounds for rejection, discount, damages or dissolution of the agreement if those differences are reasonably of minor importance, taking all the circumstances into account. 2.7 Any complaints must be filed with the Designer in writing at the earliest possible time but no later than ten business days after completion of the work commissioned, failing which the client is deemed to have accepted the result of the work commissioned in its entirety.

  • Performance of Reviews The RIRs shall send a request for review to the Operator per email, where they shall specify the areas they request a review for. The Operator must comply with the request by providing the requested information within working days. The review may include an onsite inspection. In this case the RIRs and the Operator must agree on a specific date for the inspection to take place, which may not be later than sixty calendar days from the date of the request.

  • Performance of this Agreement Buyer shall have duly performed or complied with all of the obligations to be performed or complied with by it under the terms of this Agreement on or prior to the Closing Date.

  • Performance of Services The Contractor is responsible for fully meeting all obligations set forth in the Contract and for providing Product in accordance with the Contract or any Authorized User Agreement.

  • Performance of Work a. Contractor shall perform all Work in a good and workmanlike manner. Contractor shall maintain sufficient staff and crews to perform all Work in an expeditious manner consistent with the interests of the Park District. Contractor shall promptly notify the Park District immediately in writing: (i) of any information required from the Park District and necessary for Contractor to complete its Work in a timely manner; and (ii) of any Work requested by the Park District or required for the project that is not included in the scope of Work reflected in the Contract Documents. Contractor shall be solely responsible for means and methods selected in performing the Work. Contractor shall supervise all Work so that it is performed in a safe and expeditious manner. Contractor shall be solely responsible for the Work of its employees and its subcontractors’ and suppliers’ employees. Contractor shall keep all documents and information related to the project confidential and, except as required by law, shall not disclose such documents or information to any person or other party except the employees of Contractor and its subcontractors who need such documents or information to perform the Work and complete the project. b. Contractor shall confine all equipment, the storage of materials and the operations of its workers, to limits indicated by law, ordinances, permits, or directions of the Park District and shall not unreasonably encumber the project site with such materials. The project site shall not be utilized for the storage of vehicles, materials, equipment, or fixtures not intended for the Work to be performed. c. Contractor shall notify all utility companies, public and private, as necessary in advance of commencing performance of the Work. The responsibility for moving water lines, gas lines, wire lines, service connections, water and gas meter boxes, water and gas valve boxes, light standards, cable ways, signals and all other utility appurtenances which are within the limits of the proposed construction will be assumed by the Contractor, at no additional compensation. The Contractor shall verify the location of all utilities prior to the start of construction and shall be responsible for the preservation of existing utility installation and the cost of providing precautionary supports, braces, or other equipment to insure against damage to said utility installation. The cost to repair and replace any new or existing utilities damaged will be paid for by the Contractor. d. If Contractor uncovers or discovers any concealed condition differing materially from conditions depicted in the Contract Documents or differing from conditions reasonably anticipated or inherent in the Work, Contractor shall immediately stop the Work and notify the Park District of the condition in writing. The Park District shall then issue written directions. Contractor shall not proceed with the Work until the Park District has issued written directions. The contract time and Contract Sum shall be equitably adjusted if necessitated by such directions of the Park District.

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