Third Party Non-Performance Sample Clauses

Third Party Non-Performance. If EMMT does not receive payment from the third party buyer or third party seller by two (2) Business Days prior to the payment date in the Agreement, EMMT shall make such payment to MWGen two (2) Business Days after receipt of payment from such third party buyer or seller (as the case may be).
Sample 1
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Third Party Non-Performance. Both EPENZIO and HOME agree that third party providers referred to within are defined as those separate entities, individuals, vendors, business groups, companies, corporations or partnerships that provide products and/or services for the seminars presented by HOME, and that such third party providers are presenting products and/or services at the above mentioned seminars. Also, both parties agree that the terms non-performance or inadequate performance relate to the performance which has been contracted for, and subsequently has not been provided. In the event that the third party went out of business and could not perform, HOME would then undertake the responsibility of performing under the contracts with consumers, either themselves or arranging for another third party. If HOME fails to provide these services as specified, HOME will be responsible for the full amount of any charge backs that occur from the failure to provide these services in a timely manner. If HOME can not or does not pay these charge backs to EPENZIO within 30 days, then Scott shall be indivixxxxxy, personally, unconditionally and jointly liable to pay EPENZIO the total amount of the un-recovered referral fees in question. Should all such potential resolutions fail to resolve the debt, Scott agrees to pay the un-recovered referral fees to EPENZIO within thirty days of notification from EPENZIO of the failed resolutions.
Sample 1
Third Party Non-Performance. Both C5 and HOME agree that third party providers referred to within are defined as those separate entities, individuals, vendors, business groups, companies, corporations or partnerships that provide products and/or services for the seminars presented by HOME, and that such third party providers are presenting products and/or services at the above mentioned seminars. Also, both parties agree that the terms non-performance or inadequate performance relate to the performance which has been contracted for, and subsequently has not been provided. In the event that the third party went out of business and could not perform, HOME would then undertake the responsibility of performing under the contracts with customers, either themselves or arranging for another third party. If HOME fails to provide these services as specified, HOME will be responsible for the full amount of any charge backs that occur from the failure to provide these services in a timely manner.
Sample 1

Related to Third Party Non-Performance

  • Non-Performance No failure or delay in performance, whether in whole or in part, by either Gatherer or Shipper shall be deemed to be a breach hereof (other than the obligation to pay amounts when due under this Agreement) when such failure or delay is occasioned by or due to a Force Majeure Event.

  • Events Excusing Performance Neither party shall be liable to the other party for failure to perform any of the services required herein in the event of strikes, lock-outs, calamities, acts of God, unavailability of supplies or other events over which that party has no control for so long as such events continue, and for a reasonable period of time thereafter.

  • Timely Performance Time is of the essence as to the performance of the obligations required of the respective parties under this Agreement.

  • Excused Performance If either Party is rendered wholly or partially unable to perform its obligations (other than payment obligations) under this Agreement due to the occurrence of a Force Majeure Event, such Party will be excused from the affected performance obligation (other than payment obligations), provided that:

  • Not Impair Performance Buyer shall not take any intentional action that would cause the conditions upon the obligations of the parties hereto to effect the transactions contemplated hereby not to be fulfilled, including, without limitation, taking or causing to be taken any action that would cause the representations and warranties made by any party herein not to be true, correct and accurate as of the Closing, or in any way impairing the ability of Seller to satisfy its obligations as provided in Article VII.

  • KEY PERFORMANCE INDICATORS (a) The Custodian and the Funds may from time to time agree to document the manner in which they expect to deliver and receive the services contemplated by this Agreement. The parties agree that any such key performance indicators (hereinafter referred to as “KPIs” or, individually as a “KPI”) shall be agreed upon in writing by the parties and shall be reflected in one or more schedules to this Agreement. The Custodian and the Funds acknowledge that any failure to perform in accordance with KPIs shall not in and of itself be considered a breach of contract that gives rise to contractual or other remedies provided that such failure may be a breach giving rise to contractual or other remedies if it is persistent and not remedied after consultation. Nothing in this Section 11 shall modify any party’s applicable standard of care under this Agreement; nor shall any meeting or discussion among the parties regarding KPIs be construed to prevent a party from pursuing any remedy otherwise available to it pursuant to this Agreement.

  • Assist Performance Seller shall exercise its reasonable best efforts to cause to be fulfilled those conditions precedent to Buyer’s obligations to consummate the transactions contemplated hereby which are dependent upon the actions of Seller and to work with Buyer to make and/or obtain any necessary filings and consents. Seller shall cause Split-Off Subsidiary to comply with its obligations under this Agreement.

  • Seller’s Performance (a) All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects.

  • Prompt Performance All actions required to be taken (including payments) by any party under this Agreement shall be performed within the time prescribed for performance in this Agreement, or if no period is prescribed, such actions shall be performed promptly.

  • Sale of Products; Performance of Services (a) Each product, system, program, or other asset designed, developed, manufactured, assembled, sold, installed, repaired, licensed or otherwise made available by any of the Company or any of its subsidiaries to any person:

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