Reasonable Diligence. Both Landlord and Tenant agree to use reasonable diligence in performing all of their respective obligations and duties under this Agreement and in proceeding with the construction and completion of all Tenant Improvements in the Premises.
Reasonable Diligence. Licensee shall use reasonable diligence, at its own expense, to build, operate and maintain a Radio Location System in the Territory and to promote, market, sell and support RLS Customer Equipment and RLS Customer Services in the Territory.
Reasonable Diligence. Both Sublandlord and Subtenant agree to use reasonable diligence in performing all of their respective obligations and duties under this Work Agreement and in proceeding with the construction and completion of the Initial Improvements in the Demised Premises.
Reasonable Diligence. The Company shall use commercially reasonable, diligent and good faith efforts to bring Products to market, and to make sales of such Products at commercially reasonable volumes taking into due account applicable considerations, if any, arising with respect to possible claims by any third party alleging infringement of such third party's patent rights by Products sold by the Company. Said reasonable diligence shall be at least up to the level of efforts that the Company devotes to the commercialization of its other products of similar market value and therapeutic and developmental status. Without limiting the generality of the foregoing, the Company and its Affiliates and sublicensees will not develop, manufacture or market any pharmaceutical, therapeutic or prophylactic product for use in humans or animals utilizing the p53 Gene, unless the same is done as a Product pursuant to this Agreement and treated as such for all purposes hereunder, including for purposes of calculating Net Sales. To the extent any such pharmaceutical, therapeutic or prophylactic product is done or treated as a Product as provided in the preceding sentence, although such product would not otherwise be a Product as defined herein but for this paragraph, all royalties owing from the Company or any of its Affiliates to any third party related to any such product accrued or paid during any Contingent Payment Period shall be included in and treated as part of the Deductible Amount, so long as said royalties payable to said third parties, together with any royalties (if any) payable to the Original Owners, do not exceed 6% of Net Sales of such product.
Reasonable Diligence. Programmer shall use reasonable diligence to promptly perform the services described herein and to meet any delivery dates or project deadlines agreed to by the parties and to provide services that are in compliance with agreed specifications and project parameters. All services shall be provided in a professional and workmanlike manner and in compliance with standard industry standards and by qualified and experienced personnel secured by the Programmer. Programmer represents and warrants that it has no current commitments or obligations that will conflict with or otherwise interfere with or impede the performance of the services called for under this Agreement.
Reasonable Diligence. Both Landlord and Tenant agree to cooperate to the maximum possible extent and to use reasonable diligence in performing all of their respective obligations and duties under this Work Letter and in proceeding with the construction and completion of the Base Building Work and all Tenant Work in the Premises.
Reasonable Diligence. Both Landlord and Xxxxxx agree to reasonably cooperate and use reasonable diligence in performing all of their respective obligations and duties under this Work Letter for the construction and completion of the Eleventh Amendment Tenant Improvements.
Reasonable Diligence. CROSSROADS agrees to use due diligence and good business practices in the operation of the DISTRICT's Facilities. CROSSROADS will be liable for any direct or indirect loss, injury or damages resulting from the diminution or interruption of service within the DISTRICT's Facilities that is caused by or results from either directly or indirectly the improper or inadequate operation of the Facilities by CROSSROADS or the willful misconduct, recklessness or negligence (whether active, passive or gross) of CROSSROADS, its employees, representatives, agents or subcontractors.
Reasonable Diligence. Both Landlord and Tenant -------------------- agree to use reasonable diligence in performing all of their respective obligations and duties under this paragraph 45 and in proceeding with the construction and completion of all Tenant Improvements in the Premises.
(a) The term "Force Majeure Delay" as used in the Lease shall mean any delay in the completion of Landlord's Work or the Tenant Improvements which is attributable to any: (1) actual delay or failure to perform attributable to any strike, lockout or other labor or industrial disturbance (whether or not on the part of the employees of either party hereto), civil disturbance, future order claiming jurisdiction, act of a public enemy, war, riot, sabotage, blockade, embargo, inability to secure customary materials, supplies or labor through ordinary sources by reason of regulation or order of any government or regulatory body; (2) delay attributable to the failure of Landlord and/or Tenant despite reasonable diligence to secure building permits and approvals; (3) delay in completing the construction of Landlord's Work because of changes in any applicable law (including, without limitation, the Americans with Disabilities Act of 1990, Pub. L. 101-336 (the "ADA")), or the interpretation thereof; or (4) delay attributable to lightning, earthquake, fire, storm, hurricane, tornado, flood, washout, explosion, or any other cause beyond the reasonable control of the party from whom performance is required, or any of its contractors or other representatives. Any prevention, delay or stoppage due to any Force Majeure Delay shall excuse the performance of the party affected for a period of time equal to any such prevention, delay or stoppage (except the obligations of either party to pay money, including rent and other charges, pursuant to the Lease).
Reasonable Diligence. Tadiran shall use reasonable diligence, at its own expense, to build, operate and maintain a Radio Location System in the Territory and to promote, market, sell and support RLS Customer Equipment and RLS Customer Services in the Territory. Tadiran shall have no obligation to commence construction of the Radio Location System until the Performance Commencement Date.