Course of performance definition

Course of performance means repeated performances, under a contract that involves repeated
Course of performance means repeated performances, under a contract that involves repeated occasions for performance, which are accepted or acquiesced in without objection by a party having knowledge of the nature of the performance and an opportunity to object to it.
Course of performance means, in respect only of a contract which involves repeated occasions for performance by either party with knowledge of the nature of the performance and opportunity for objection to it by the other, any manner of performance accepted or acquiesced in without objection.

Examples of Course of performance in a sentence

  • Course of performance, no matter how long, shall not constitute an amendment to this Agreement.

  • Course of performance, course of dealing, and usage of trade shall not be applied to modify these General Conditions of Purchase.

  • Course of performance, no matter how long it continues, shall not constitute an amendment to this Agreement.

  • Course of performance or practical construction (REPEALED)SECTION HISTORYPL 1991, c.

  • Course of performance, course of dealing and usage of trade will not apply to this Agreement.

  • Course of performance, course of dealing, and usage of trade shall not be used to qualify, explain, interpret, or supplement these T&Cs. These T&Cs may only be modified by a written agreement signed by both parties.

  • Course of performance, not matter how long, shall not constitute an amendment to this Agreement.

  • Course of performance, no matter how long, shall not constitute or be construed as an amendment to this Agreement.

  • Course of performance under the Code is the action of the parties in carrying out the contract at issue, whereas course of dealing consists of relations between the parties prior to signing that contract.

  • Course of performance and course of dealing (including, without limitation, any failure by Buyer to effectively exercise any audit rights) shall not be construed as a waiver and shall not be a factor in Buyer’s right to reject Nonconforming Goods, terminate this Agreement, or exercise any other remedy.


More Definitions of Course of performance

Course of performance means repeated performances, under a contract that involves repeated occasions for performance, which
Course of performance means repeated performances, under a contract that involves repeated occasions for performance, which are accepted or acquiesced in without objection by a party

Related to Course of performance

  • Time of Performance means the specific time or times indicated in the Contract at which or within which delivery or other performance is to be completed.

  • Schedule of Performance means that schedule of performance, attached hereto as Exhibit G and incorporated herein, setting forth the timelines for Milestones in the design, development, construction, and completion of the Project (including a construction timeline in customary form) together with the dates for submission of documentation required under this Agreement, which schedule shall be attached to the Development Plan and to the Declaration.

  • Standard of performance means a standard for emission of air pollutants which reflects the degree of emission limitation achievable through the application of the best system of emission reduction which (taking into account the cost of achieving such reduction) the Director determines has been adequately demonstrated.

  • Adequate Assurance of Performance has the meaning given to it in Section 10.3.

  • Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.

  • course of treatment means a planned program of one or more services or supplies, whether rendered by one or more dentists, for treatment of a dental condition, diagnosed by the attending dentist as a result of an oral examination. The course of treatment commences on the date a dentist first renders a service to correct, or treat, such diagnosed dental condition.

  • full-time course of study means a full-time course of study which—

  • course of study means any course of study, whether or not it is a sandwich course and whether or not a grant is made for attending or undertaking it;

  • Course Fee Shall refer to the compulsory fees to be charged by the PEI on account of the Student’s undertaking of the Course and as stated in Schedule B.

  • Basket Performance means a decimal number calculated by applying the following formula: BP = ∑ W ×iX ⎛⎜⎜i=1 ⎝ Underlyingi,FINAL ⎞⎟⎠Underlyingi,INITIAL ⎟ where: BP = Basket Performance X = 4 Wi = Weighting of the relevant Underlying Underlying i,FINAL Underlying i,INITIAL= Reference Price of the relevant Underlying with respect to the Valuation Date = Initial Price of the relevant Underlying

  • In the course of transportation means in the course of transportation within the United States, or in the course of transportation outside the United States and any other nation, including handling or temporary storage incidental

  • Index Performance means, in relation to an Index and an Auto-Call Valuation Date or the Valuation Date, as the case may be, a percentage calculated by the Calculation Agent in respect of such date in accordance with the following formula: Index Performance =Final Index Level × 100% Initial Index Level

  • human performance means human capabilities and limitations which have an impact on the safety and efficiency of aeronautical operations;

  • Environmental Performance means all or any of the following: the consumption of energy and associated generation of greenhouse gas emissions; the consumption of water; waste generation and management; and any other environmental impact arising from the use or operation of the Premises or the Estate;

  • Sexually explicit performance means a live or public act or show intended to arouse or satisfy the sexual desires or appeal to the prurient interest of patrons.

  • Labor peace agreement means an agreement between an entity and a

  • Obscene matter or an obscene performance means matter described in 1984 PA 343, MCL 752.361 to 752.374.

  • the ordinary course of business means matters connected to the day-to- day supply of goods and/or services the by B&O business or the Harman International business and does not include matters involving significant changes to the organisational structure or related to the post-merger integration of the B&O business and by the Harman International business;

  • Unsatisfactory Performance means any of the following:

  • Guaranteed asset protection waiver means that term as defined in section 3 of the guaranteed asset protection waiver act.

  • Ordinary Course of Business means the ordinary course of business consistent with past custom and practice (including with respect to quantity and frequency).

  • Interest Protection Agreement of any Person means any interest rate swap agreement, interest rate collar agreement, option or futures contract or other similar agreement or arrangement designed to protect such Person or any of its Subsidiaries against fluctuations in interest rates with respect to Indebtedness.

  • Intergovernmental Agreement means a contractual agreement between 1 or more governmental agencies, including, but not limited to, an interlocal agreement to jointly exercise any power, privilege, or authority that the agencies share in common and that each might exercise separately under the urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512.

  • Publicly Perform means to perform public recitations of the Work and to communicate to the public those public recitations, by any means or process, including by wire or wireless means or public digital performances; to make available to the public Works in such a way that members of the public may access these Works from a place and at a place individually chosen by them; to perform the Work to the public by any means or process and the communication to the public of the performances of the Work, including by public digital performance; to broadcast and rebroadcast the Work by any means including signs, sounds or images.

  • Transactional Agreements means: (a) the Agreement; (b) the Assignment and Assumption Agreement; (c) the Voting Agreements; (d) the Credit Agreement; (e) the Patent License Agreement; (f) the Patent Standstill Agreement; and (g) the Stay Orders.

  • Total Performance means that the entire Work, except those items arising from the provisions of any warranty, have been performed in accordance with the Contract;