Performance Through Affiliates Clause Samples
The "Performance Through Affiliates" clause allows a party to fulfill its contractual obligations by using its affiliated companies or entities. In practice, this means that if a company is required to deliver goods or services under a contract, it can have one of its subsidiaries or parent companies perform those duties on its behalf. This clause is particularly useful in large corporate groups where resources and operations are distributed among various related entities. Its core function is to provide flexibility in contract performance while ensuring that the original party remains responsible for the obligations, thereby facilitating efficient resource allocation and operational convenience.
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Performance Through Affiliates. Each Party may discharge any obligation and exercise any right hereunder through any of its Affiliates (without an assignment of this Agreement); provided that with respect to Kyowa Kirin, Section 2.1.2(a) shall apply with respect to Kyowa Kirin’s exercise of any of its licensed rights hereunder.
Performance Through Affiliates. Notwithstanding anything to the contrary contained herein, each party may discharge any obligations and exercise any right hereunder, or performance hereunder, through any of its Affiliates. Each party hereby guarantees the performance by its Affiliates of such party’s obligations under this Agreement, and will cause its Affiliates to comply with the provisions of this Agreement in connection with such performance.
Performance Through Affiliates. Pfizer shall have the right to perform its obligations under this Agreement through its Affiliates, and each of the foregoing may hire Third Party service providers, subcontractors and consultants to perform any of the Services for no additional charge to NewCo beyond the Service Fees. Pfizer and its Affiliates may not hire Third Party service providers, subcontractors or consultants to perform any of the Services if the payments to such Third Parties will be charged to NewCo as Out-of-Pocket Costs, without the prior written consent of NewCo (not to be unreasonably withheld). Any delegation by Pfizer or its Affiliates of performance to a Third Party service provider, subcontractor or consultant shall not relieve Pfizer of responsibility for the provision of the Services to NewCo in accordance with this Agreement and Pfizer shall remain liable for the performance of any obligations hereunder that it delegates to a Third Party service provider, subcontractor or consultant. Neither Pfizer nor its Affiliates, nor any other Person on their behalf, makes any representations or warranties, express or implied, with respect to any Services provided by a Third Party service provider, subcontractor or consultant.
Performance Through Affiliates. Amneal may discharge any obligations and exercise any right under this Agreement, including the right to receive payment for performance rendered, or performance hereunder or thereunder, through any of its Affiliates. Amneal shall cause its Affiliates to comply with the provisions of this Agreement in connection with such performance and shall be fully responsible for the acts or omissions of its Affiliates. Notwithstanding the foregoing, no Affiliate of a Party shall have any right of recourse directly against the other Party or any of such other Party’s Affiliates, it being understood and agreed that all rights and remedies under this Agreement shall be exercised, if at all, solely by or through the Parties signatory hereto or thereto, as the case may be.
Performance Through Affiliates. Subject to the terms and conditions of this Agreement each Party shall have the right, without the other Party’s consent, to exercise its rights and perform its obligations under this Agreement or any Ancillary Agreement by itself or through the engagement of any of its (a) wholly-owned subsidiaries formed on or after the Effective Date, provided that this clause (a) shall apply only as long as the applicable entity [***], or (b) Affiliates, provided that this clause (b) shall apply only with respect to [***]. Without limiting the foregoing, each Party: (y) [***] (z) [***]
Performance Through Affiliates. Licensee may discharge any obligation and exercise any right hereunder through any of its Affiliates (without an assignment of this Agreement).
Performance Through Affiliates. Each Party may discharge any obligation and exercise any right hereunder through any of its Affiliates (without an assignment of this Agreement); provided that with respect to Teijin, Section 2.2 shall apply with respect to Teijin’s exercise of any of its licensed rights hereunder.
Performance Through Affiliates. Signify may perform its obligations hereunder through one or more Affiliates. Customer acknowledges that Signify N.V. and its Affiliates are intended to be third party beneficiaries hereof, and may enforce these Terms of Service.