Common use of Purchaser’s Obligations Clause in Contracts

Purchaser’s Obligations. A. Purchaser agrees to pay all amounts payable by it when due under this Contract and to perform all of its other obligations under this Contract. B. In the event the Purchaser establishes a branch office in any of the relevant jurisdictions, the Purchaser shall be solely responsible to perform all activities necessary to establish such branch office. C. If any loss, damage, delay or failure of performance of the System or a System Upgrade results from the Purchaser's failure to perform its obligations under this Contract and results in an increase in the costs of performance or the time required for performance of any of the Contractor's duties or obligations under this Contract, the Contractor shall be entitled, as appropriate, to (i) an equitable adjustment in the Contract Price or applicable Upgrade Price, (ii) an equitable extension of time for completion of its Work or the Upgrade Work, (iii) reimbursement for all such additional costs incurred, and (iv) to the extent necessary in light of Purchaser's failure and the adjustments made in accordance with clauses (i), (ii) and (iii) above, an equitable adjustment of the Work and/or Upgrade Work. 1. The Contractor shall inform the Purchaser promptly of any occurrence covered under this Sub-Article 12(C), and shall use reasonable efforts to minimize any such additional costs or delay. 2. The Contractor shall promptly provide to the Purchaser an estimate of the anticipated additional costs and time required to complete the Work or Upgrade Work and request relief from contractual obligations or duties, as appropriate. Purchaser shall, upon notification, make advance payment to Contractor for the estimated amount of anticipated additional costs; provided -------- that Purchaser may deposit such amount into the Dispute Account and Sub-Article 5(C)(5) shall apply. Contractor shall without limiting Purchaser's obligations in the foregoing sentence, discuss such costs with Purchaser upon Purchaser's request. 3. As soon as reasonably practicable after the actual costs become known to the Contractor, the Contractor shall provide a statement of such actual costs to the Purchaser. 4. If the estimated amount is greater than the amount of actual costs, then the Contractor shall reimburse the Purchaser. If the amount of actual costs incurred is greater than the estimated amount, then the Purchaser shall reimburse the Contractor for any shortfall in accordance with Article 5 (Terms of Payment of Purchaser).

Purchaser’s Obligations. A. Purchaser agrees to pay all amounts payable by it when due under this Contract and to perform all of its other obligations under this Contract. B. In the event the Purchaser establishes a branch office in any of the relevant jurisdictions, the Purchaser shall be solely responsible to perform all activities necessary to establish such branch office. C. If any loss, damage, delay or failure of performance of the System or a System Upgrade results from the Purchaser's failure to perform its obligations under this Contract and results in an increase in the costs of performance or the time required for performance of any of the Contractor's duties or obligations under this Contract, the Contractor shall be entitled, as appropriate, to (i) an equitable adjustment in the Contract Price or applicable Upgrade Price, (ii) an equitable extension of time for completion of its Work or the Upgrade Work, (iii) reimbursement for all such reasonable additional costs incurred, and (iv) to the extent necessary in light of Purchaser's failure and the adjustments made in accordance with clauses (i), (ii) and (iii) above, an equitable adjustment of the Work and/or Upgrade Work. 1. The Contractor shall inform the Purchaser promptly of any occurrence covered under this Sub-Article 12(C12(B), and shall use reasonable efforts to minimize any such additional costs or delay. 2. The Contractor shall promptly provide to the Purchaser an a written estimate of the anticipated additional costs and time required to complete the Work or Upgrade Work and request relief from contractual obligations or duties, as appropriate. Purchaser shall, upon notification, make advance payment to Contractor for the reasonable estimated amount of anticipated additional costs; provided -------- that Purchaser may deposit such -------- amount into the Dispute Account and Sub-Article 5(C)(5) shall apply. Contractor shall shall, without limiting Purchaser's obligations in the foregoing sentence, discuss such costs with Purchaser upon Purchaser's request. 3. As soon as reasonably practicable after the actual costs become known to the Contractor, the Contractor shall provide a statement of such actual costs to the Purchaser. 4. If the estimated amount is greater than the amount of actual costs, then the Contractor shall promptly reimburse the Purchaser. If the amount of actual costs incurred is greater than the estimated amount, then the Purchaser shall reimburse the Contractor for any shortfall in accordance with Article 5 (Terms of Payment of PurchaserPayment).

Purchaser’s Obligations. A. Purchaser agrees to pay all amounts payable by it when due under this Contract and to perform all of its other obligations under this Contract. B. In the event the Purchaser establishes a branch office in any of the relevant jurisdictions, the Purchaser shall be solely responsible to perform all activities necessary to establish such branch office. C. If any loss, damage, delay or failure of performance of the System or a System Upgrade results from the Purchaser's failure to perform any of its express obligations under this Contract and directly results in an increase in the costs of performance or the time required for performance of any of the Contractor's duties or obligations under this Contract, such failure shall be deemed a "Purchaser Hindrance." In the event of a Purchaser Hindrance, the Contractor shall be entitled, as appropriate, to (i) an equitable adjustment in the Contract Price or applicable Upgrade Price, (ii) an equitable extension of time for completion of its Work or the Upgrade WorkWork if the Purchaser Hindrance meets the requirements for a Force Majeure delay, (iiiii) reimbursement for all such additional costs incurred, and (iviii) to the extent necessary in light of Purchaser's failure and the adjustments made in accordance with clauses (i), (ii) and (iiiii) above, an equitable adjustment of the Work and/or Upgrade Work. The Contractor shall not be entitled to any other right or remedy with respect to a Purchaser Hindrance. 1. The Contractor's remedies described in clauses (i), (ii) and (iii) above are conditioned upon the Contractor shall inform informing the Purchaser promptly of any occurrence covered under this Sub-Article 12(C)potential Purchaser Hindrance, and shall use using reasonable efforts to minimize any such additional costs or delay. 2. The Contractor shall promptly provide to the Purchaser an estimate of the anticipated additional costs and time required to complete the Work or Upgrade Work and request relief from contractual obligations or duties, as appropriate. Purchaser shall, upon notification, make advance payment to Contractor for the estimated amount of anticipated additional costs; provided -------- that Purchaser may deposit such amount into the Dispute Account and Sub-Article 5(C)(55(C)(4) shall apply. Contractor shall without limiting Purchaser's obligations in the foregoing sentence, discuss such costs with Purchaser upon Purchaser's request. 3. As soon as reasonably practicable after the actual costs become known to the Contractor, the Contractor shall provide a statement of such actual costs to the Purchaser. 4. If the estimated amount is greater than the amount of actual costs, then the Contractor shall reimburse the Purchaser. If the amount of actual costs incurred is greater than the estimated amount, then the Purchaser shall reimburse the Contractor for any shortfall in accordance with Article 5 (Terms of Payment of Purchaser).

Purchaser’s Obligations. A. If Purchaser agrees shall succeed to pay all amounts payable by it when due the interest of Lessor under this Contract and to perform all of its other obligations under this Contract. B. In the event the Purchaser establishes a branch office in any of the relevant jurisdictionsLease, the Purchaser shall be solely responsible bound to perform Lessee under all activities necessary to establish such branch office. C. If any loss, damage, delay or failure of performance of the System or a System Upgrade results from terms, covenants and conditions of the PurchaserLease and shall recognize and observe all of Lessee's failure to perform its obligations rights and privileges under this Contract Lease; provided, however, that Purchaser shall not be: (a) liable for any act or omission of any prior lessor (including Lessor) under the Lease; or (b) subject to any offsets or defenses which Lessee might have against any prior lessor (including Lessor) under the Lease; or (c) bound by any rent, additional rent, advance rent or other monetary obligations which Lessee might have paid for more than the current month to any prior lessor (including Lessor) under the Lease and results in an increase in the costs of performance which is not delivered or paid to Purchaser at the time required for performance of any of the Contractor's duties or obligations under this Contract, the Contractor shall be entitled, as appropriate, to (i) an equitable adjustment in the Contract Price or applicable Upgrade Price, (ii) an equitable extension of time for completion of its Work or the Upgrade Work, (iii) reimbursement for all such additional costs incurred, and (iv) to the extent necessary in light of Purchaser's failure succession to title to the Demised Premises, and all such rent or other monetary obligations shall remain due and owing, notwithstanding such advance payment, and with respect to which Lessee agrees to look solely to Lessor for refund or reimbursement; or (d) bound by any security deposit of any type or advance rental deposit made by Lessee under the adjustments made in accordance Lease which is not delivered or paid to Purchaser at the time of Purchaser's succession to title to the Demised Premises, and with clauses respect to which Lessee agrees to look solely to Lessor for refund or reimbursement; or (i)e) bound by any amendment, (ii) and (iii) abovemodification, an equitable adjustment supplementation, termination or cancellation of the Work and/or Upgrade Work.Lease made without Beneficiary's or Purchaser's prior written consent and approval; or 1. The Contractor shall inform the Purchaser promptly of any occurrence covered under this Sub-Article 12(C), and shall use reasonable efforts to minimize any such additional costs or delay. 2. The Contractor shall promptly provide to the Purchaser an estimate of the anticipated additional costs and time (f) required to complete the Work construction of any improvements or Upgrade Work and request relief from contractual otherwise perform the obligations or duties, as appropriate. Purchaser shall, upon notification, make advance payment to Contractor for of Lessor under the estimated amount of anticipated additional costs; provided -------- Lease in the event that Purchaser may deposit such amount into the Dispute Account and Sub-Article 5(C)(5) shall apply. Contractor shall without limiting Purchaser's obligations in the foregoing sentence, discuss such costs with Purchaser upon Purchaser's request. 3. As soon as reasonably practicable after the actual costs become known acquires title to the Contractor, Property prior to full completion and acceptance by Lessee of improvements required under the Contractor shall provide a statement of such actual costs Lease; or (g) liable or responsible under or pursuant to the Purchaserterms of the Lease after it ceases to own an interest in or to the Demised Premises. 4. If the estimated amount is greater than the amount of actual costs, then the Contractor shall reimburse the Purchaser. If the amount of actual costs incurred is greater than the estimated amount, then the Purchaser shall reimburse the Contractor for any shortfall in accordance with Article 5 (Terms of Payment of Purchaser).

Purchaser’s Obligations. A. If Purchaser agrees shall succeed to pay all amounts payable by it when due the interest of Lessor under this Contract and to perform all of its other obligations under this Contract. B. In the event the Purchaser establishes a branch office in any of the relevant jurisdictionsLease, the Purchaser shall be solely responsible bound to perform Lessee under all activities necessary to establish such branch office. C. If any loss, damage, delay or failure of performance of the System terms, covenants and conditions of the Lease; provided, however, that Purchaser shall not be: (a) liable for any act or a System Upgrade results from omission of any prior lessor (including Lessor) under the Purchaser's failure Lease; or (b) subject to perform its any offsets or defenses which Lessee might have against any prior lessor (including Lessor) under the Lease; or (c) bound by any rent, additional rent, advance rent or other monetary obligations which Lessee might have paid for more than the current month to any prior lessor (including Lessor) under this Contract the Lease and results in an increase in the costs of performance which is not delivered or paid to Purchaser at the time required of Purchaser’s succession to title to the Demised Premises, and all such rent or other monetary obligations shall remain due and owing, notwithstanding such advance payment, and with respect to which Lessee agrees to look solely to Lessor for performance refund or reimbursement; or (d) bound by any security deposit of any type or advance rental deposit made by Lessee under the Lease which is not delivered or paid to Purchaser at the time of Purchaser’s succession to title to the Demised Premises, and with respect to which Lessee agrees to look solely to Lessor for refund or reimbursement; or (e) bound by any amendment, modification, supplementation, termination or cancellation of the Contractor's duties Lease made without Beneficiary’s or obligations under this Contract, the Contractor shall be entitled, as appropriate, to Purchaser’s prior written consent and approval; or (if) an equitable adjustment in the Contract Price or applicable Upgrade Price, (ii) an equitable extension of time for completion of its Work or the Upgrade Work, (iii) reimbursement for all such additional costs incurred, and (iv) to the extent necessary in light of Purchaser's failure and the adjustments made in accordance with clauses (i), (ii) and (iii) above, an equitable adjustment of the Work and/or Upgrade Work. 1. The Contractor shall inform the Purchaser promptly of any occurrence covered under this Sub-Article 12(C), and shall use reasonable efforts to minimize any such additional costs or delay. 2. The Contractor shall promptly provide to the Purchaser an estimate of the anticipated additional costs and time required to complete the Work construction of any improvements or Upgrade Work and request relief from contractual otherwise perform the obligations or duties, as appropriate. Purchaser shall, upon notification, make advance payment to Contractor for of Lessor under the estimated amount of anticipated additional costs; provided -------- Lease in the event that Purchaser may deposit such amount into the Dispute Account and Sub-Article 5(C)(5) shall apply. Contractor shall without limiting Purchaser's obligations in the foregoing sentence, discuss such costs with Purchaser upon Purchaser's request. 3. As soon as reasonably practicable after the actual costs become known acquires title to the Contractor, Property prior to full completion and acceptance by Lessee of improvements required under the Contractor shall provide a statement of such actual costs Lease; or (g) liable or responsible under or pursuant to the Purchaserterms of the Lease after it ceases to own an interest in or to the Demised Premises. 4. If the estimated amount is greater than the amount of actual costs, then the Contractor shall reimburse the Purchaser. If the amount of actual costs incurred is greater than the estimated amount, then the Purchaser shall reimburse the Contractor for any shortfall in accordance with Article 5 (Terms of Payment of Purchaser).

Purchaser’s Obligations. A. Purchaser agrees to pay all amounts payable by it when due under this Contract and to perform all of its other obligations under this Contract. B. In the event the Purchaser establishes a branch office in any of the relevant jurisdictions, the Purchaser shall be solely responsible to perform all activities necessary to establish such branch office. C. If any loss, damage, delay or failure of performance of the System or a System Upgrade results from the Purchaser's failure to perform any of its express obligations under this Contract and directly results in an increase in the costs of performance or the time required for performance of any of the Contractor's duties or obligations under this Contract, such failure shall be deemed a APurchaser Hindrance." In the event of a Purchaser Hindrance, the Contractor shall be entitled, as appropriate, to (i) an equitable adjustment in the Contract Price or applicable Upgrade Price, (ii) an equitable extension of time for completion of its Work or the Upgrade WorkWork if the Purchaser Hindrance meets the requirements for a Force Majeure delay, (iiiii) reimbursement for all such additional costs incurred, and (iviii) to the extent necessary in light of Purchaser's failure and the adjustments made in accordance with clauses (i), (ii) and (iiiii) above, an equitable adjustment of the Work and/or Upgrade Work. The Contractor shall not be entitled to any other right or remedy with respect to a Purchaser Hindrance. 1. The Contractor's remedies described in clauses (i), (ii) and (iii) above are conditioned upon the Contractor shall inform informing the Purchaser promptly of any occurrence covered under this Sub-Article 12(C)potential Purchaser Hindrance, and shall use using reasonable efforts to minimize any such additional costs or delay. 2. The Contractor shall promptly provide to the Purchaser an estimate of the anticipated additional costs and time required to complete the Work or Upgrade Work and request relief from contractual obligations or duties, as appropriate. Purchaser shall, upon notification, make advance payment to Contractor for the estimated amount of anticipated additional costs; provided -------- that Purchaser may deposit such amount into the Dispute Account and Sub-Article 5(C)(55(C)(4) shall apply. Contractor shall without limiting Purchaser's obligations in the foregoing sentence, discuss such costs with Purchaser upon Purchaser's request. 3. As soon as reasonably practicable after the actual costs become known to the Contractor, the Contractor shall provide a statement of such actual costs to the Purchaser. 4. If the estimated amount is greater than the amount of actual costs, then the Contractor shall reimburse the Purchaser. If the amount of actual costs incurred is greater than the estimated amount, then the Purchaser shall reimburse the Contractor for any shortfall in accordance with Article 5 (Terms of Payment of Purchaser).

Purchaser’s Obligations. A. Purchaser agrees to pay all amounts payable by it when due under this Contract and to perform all of its other obligations under this Contract. B. In the event the Purchaser establishes a branch office in any of the relevant jurisdictions, the Purchaser shall be solely responsible to perform all activities necessary to establish such branch office. C. If any loss, damage, delay or failure of performance of the System or a System Upgrade results from the Purchaser's failure to perform any of its express obligations under this Contract and directly results in an increase in the costs of performance or the time required for performance of any of the Contractor's duties or obligations under this Contract, such failure shall be deemed a "Purchaser Hindrance." In the event of a Purchaser Hindrance, the Contractor shall be entitled, as appropriate, to (i) an equitable adjustment in the Contract Price or applicable Upgrade Price, (ii) an equitable extension of time for completion of its Work or the Upgrade WorkWork if the Purchaser Hindrance meets the requirements for a Force Majeure delay, (iiiii) reimbursement for all such additional costs incurred, and (iviii) to the extent necessary in light of Purchaser's failure and the adjustments made in accordance with clauses (i), (ii) and (iiiii) above, an equitable adjustment of the Work and/or Upgrade Work. The Contractor shall not be entitled to any other right or remedy with respect to a Purchaser Hindrance. 1. The Contractor's remedies described in clauses (i), (ii) and (iii) above are conditioned upon the Contractor shall inform informing the Purchaser promptly of any occurrence covered under this Sub-Article 12(C)potential Purchaser Hindrance, and shall use using reasonable efforts to minimize any such additional costs or delay. 2. The Contractor shall promptly provide to the Purchaser an estimate of the anticipated additional costs and time required to complete the Work or Upgrade Work and request relief from contractual obligations or duties, as appropriate. Purchaser shall, upon notification, make advance payment to Contractor for the estimated amount of anticipated additional costs; provided -------- that Purchaser may deposit such -------- amount into the Dispute Account and Sub-Article 5(C)(55(C)(4) shall apply. Contractor shall without limiting Purchaser's obligations in the foregoing sentence, discuss such costs with Purchaser upon Purchaser's request. 3. As soon as reasonably practicable after the actual costs become known to the Contractor, the Contractor shall provide a statement of such actual costs to the Purchaser. 4. If the estimated amount is greater than the amount of actual costs, then the Contractor shall reimburse the Purchaser. If the amount of actual costs incurred is greater than the estimated amount, then the Purchaser shall reimburse the Contractor for any shortfall in accordance with Article 5 (Terms of Payment of Purchaser).

Purchaser’s Obligations. A. Purchaser agrees to pay all amounts payable by it when due under this Contract and to perform all of its other obligations under this Contract. B. In the event the Purchaser establishes a branch office in any of the relevant jurisdictions, the Purchaser shall be solely responsible to perform all activities necessary to establish such branch office. C. If any loss, damage, delay or failure of performance of the System or a System Upgrade results from the Purchaser's failure to perform its obligations under this Contract and results in an increase in the costs of performance or the time required for performance of any of the Contractor's duties or obligations under this Contract, the Contractor shall be entitled, as appropriate, to (i) an equitable adjustment in the Contract Price or applicable Upgrade Price, (ii) an equitable extension of time for completion of its Work or the Upgrade Work, (iii) reimbursement for all such additional costs incurred, and (iv) to the extent necessary in light of Purchaser's failure and the adjustments made in accordance with clauses (i), (ii) and (iii) above, an equitable adjustment of the Work and/or Upgrade Work. 1. The Contractor shall inform the Purchaser promptly of any occurrence covered under this Sub-Article 12(C), and shall use reasonable efforts to minimize any such additional costs or delay. 2. The Contractor shall promptly provide to the Purchaser an estimate of the anticipated additional costs and time required to complete the Work or Upgrade Work and request relief from contractual obligations or duties, as appropriate. Purchaser shall, upon notification, make advance payment to Contractor for the estimated amount of anticipated additional costs; provided -------- that Purchaser may -------- deposit such amount into the Dispute Account and Sub-Article 5(C)(5) shall apply. Contractor shall without limiting Purchaser's obligations in the foregoing sentence, discuss such costs with Purchaser upon Purchaser's request. 3. As soon as reasonably practicable after the actual costs become known to the Contractor, the Contractor shall provide a statement of such actual costs to the Purchaser. 4. If the estimated amount is greater than the amount of actual costs, then the Contractor shall reimburse the Purchaser. If the amount of actual costs incurred is greater than the estimated amount, then the Purchaser shall reimburse the Contractor for any shortfall in accordance with Article 5 (Terms of Payment of Purchaser).

Purchaser’s Obligations. A. Purchaser agrees to pay all amounts payable by it when due under this Contract and Draw Schedule to perform all of its other obligations under this Contract. B. In the event the Purchaser establishes a branch office in any of the relevant jurisdictions, the Purchaser shall be solely responsible to perform all activities necessary to establish such branch office. C. If any loss, damage, delay or failure of performance of the System or a System Upgrade results from the Purchaser's failure to perform its obligations under this Contract and results in an increase in the costs of performance or the time required for performance of any of the ContractorSeller's duties or obligations under this Contract, the Contractor Seller shall be entitled, as appropriate, to (i) an equitable adjustment in the Contract Price or applicable Upgrade Price, (ii) an equitable extension of time for completion of its Work or the Upgrade Work, (iii) reimbursement for all such additional costs incurred, and (iv) to the extent necessary in light of Purchaser's failure and the adjustments made in accordance with clauses (i), (ii) and (iii) above, an equitable adjustment of the Work and/or Upgrade Work. 1. The Contractor Seller shall inform the Purchaser promptly of any occurrence covered under this Sub-Article 12(C), and shall use reasonable efforts to minimize any such additional costs or delay. 2. The Contractor Seller shall promptly provide to the Purchaser an estimate of the anticipated additional costs and time required to complete the Work or Upgrade Work and request relief from contractual obligations or duties, as appropriate. Purchaser shall, upon notification, make advance payment to Contractor Seller for the estimated amount of anticipated additional costs; provided -------- that Purchaser may deposit such amount into the Dispute Account and Sub-Article 5(C)(5) shall apply. Contractor Seller shall without limiting Purchaser's obligations in the foregoing sentence, discuss such costs with Purchaser upon Purchaser's request. 3. As soon as reasonably practicable after the actual costs become known to the ContractorSeller, the Contractor Seller shall provide a statement of such actual costs to the Purchaser. 4. If the estimated amount is greater than the amount of actual costs, then the Contractor Seller shall reimburse the Purchaser. If the amount of actual costs incurred is greater than the estimated amount, then the Purchaser shall reimburse the Contractor Seller for any shortfall in accordance with Article 5 (Terms of Payment of Purchaser).