Performance Under Contract. Each Seller shall remain responsible for performing its obligations hereunder and under the Contracts applicable to such Seller, and the exercise by the Buyer or its designee of its rights hereunder shall not relieve any Seller from such obligations.
Performance Under Contract. Notwithstanding whether the Seller Representative is serving as a Servicer hereunder, each Seller shall remain responsible for performing its obligations hereunder and under the Contracts, and the exercise by Xxxxx Fargo or its designee of its rights hereunder shall not relieve any Seller from such obligations.
Performance Under Contract. To Seller’s knowledge, Seller’s entering into this Agreement does not and at the time of Closing will not violate any provisions of any agreement or judicial order to which Seller is a party or to which Seller or the Property is subject. Whenever a representation and warranty made by Seller in this Section 8 is limited to Seller’s “knowledge” or “actual knowledge”, such term shall mean the current actual knowledge of the authorized representative of Seller responsible, on behalf of Seller, for the acquisition, development, leasing, management, operation and disposition of the Property and construction of the Improvements, without any independent inquiry or investigation and without any personal liability on the part of any of them, and the knowledge of no other past, present or future employee of Seller shall be imputed to Seller for the purposes hereof. The foregoing definition of “knowledge” or “actual knowledge” shall apply to such terms wherever used in this Agreement with respect to statements, warranties or actions of Seller, including, without limitation, Section 6.3.
Performance Under Contract loss due to the failure of any part to perform, in whole or in part, under any contract;
Performance Under Contract. H-GAC is committed to insuring that Contractor provides effective and efficient service to all Participants in the Cooperative Purchasing Program, and expects that certain Performance Conditions must be met. Failure to meet these conditions may result in contract termination. In that regard, Contractor shall:
Performance Under Contract. PSA is committed to ensuring that Contractor provides effective and efficient service to all Participants in the cooperative purchasing program and expects that certain performance conditions must be met. Failure to meet these conditions may result in contract termination. In that regard, Contractor shall: Provide a dedicated Contract Administrator whose duties shall include but not be limited to:
Performance Under Contract. Maker shall remain liable to perform all of its duties and obligations under any contracts which have been pledged or assigned hereunder to Lender (including, without limitation, the Acquisition Agreement and the Escrow Agreement), except to the extent said obligations have been assumed by Lender pursuant to the Foreign Boss Rights Acquisition Agreement between Lender and Maker dated September __, 1997 (the "Foreign Acquisition Agreement"), to the same extent as if this Note had not been executed, and the exercise by Lender of any of its rights hereunder shall not release Maker from any of its respective duties or obligations under such agreements.
Performance Under Contract. Subject to confidentiality agreements between Office Depot and third parties, and no more than annually, PSA, at its expense, may audit Office Depot's books and records to determine whether Office Depot extended the correct pricing. Any third-party auditor used must be approved by Office Depot, and must execute a non-disclosure agreement. Office Depot may dispute the results of any audit, and will refund any overcharges to PSA (PSA will refund any undercharges to Office Depot). Other conditions may apply. Notwithstanding the foregoing, PSA shall not be entitled to access any of Office Depot's: (i) systems or (ii) facilities which house Office Depot's information security and/or data infrastructure. Subject to confidentiality agreements between Office Depot and third parties, and no more than annually, PSA, at its expense, may audit Office Depot's books and records to determine whether Office Depot extended the correct pricing. Any third-party auditor used must be approved by Office Depot, and must execute a non-disclosure agreement. Office Depot may dispute the results of any audit, and will refund any overcharges to END USER. Approved.
Performance Under Contract. PSAI is committed to insuring that Contractor provides effective and efficient service to all Participants in the Cooperative Purchasing Program, and expects that certain Performance Conditions must be met. Failure to meet these conditions may result in contract termination. In that regard, Contractor shall:
