DUE PERFORMANCE definition

DUE PERFORMANCE each of the Relevant Selling Fund and Party A has duly and punctually performed and observed all the terms and conditions of that Transaction on its part to be performed and observed;
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DUE PERFORMANCE it has duly and punctually performed and observed all the terms and conditions of that Transaction on its part to be performed and observed;
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DUE PERFORMANCE each of the Relevant Selling Sub-Fund, in the case of the Manager, and Party A, in the case of Party A, has duly and punctually performed and observed all the terms and conditions of that Transaction on its part to be performed and observed;
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Examples of DUE PERFORMANCE in a sentence

  • DUE PERFORMANCE: Each party to this Agreement undertakes the obligation that the other's expectation of receiving due performance will not be impaired.

  • See, e.g., MATTHEW CONAGLEN, FIDUCIARY LOYALTY: PROTECTING THE DUE PERFORMANCE OF NON-FIDUCIARY DUTIES (2010); LEONARD I.

  • SUBJECT TO THE PRECEDING SENTENCE, XXXX IS ONLY LIABLE FOR SLIGHT NEGLIGENCE, IF XXXX IS IN BREACH OF MATERIAL OBLIGATIONS OF THIS XXXX, THE FULFILLMENT OF WHICH FACILITATE THE DUE PERFORMANCE, THE BREACH OF WHICH WOULD ENDANGER THE PURPOSE OF THIS XXXX AND THE COMPLIANCE WITH WHICH END USER MAY CONSTANTLY TRUST IN (SO CALLED “CARDINAL OBLIGATIONS”).

  • MATTHEW CONAGLEN, FIDUCIARY LOYALTY: PROTECTING THE DUE PERFORMANCE OF NON-FIDUCIARY DUTIES 59 (2010) (affirming that “fiduciary duties are proscriptive rather than prescriptive”); Stephen A.

  • Zeckhauser, eds., 1985); MATTHEW CONAGLEN, FIDUCIARY LOYALTY: PROTECTING THE DUE PERFORMANCE OF NON-FIDUCIARYDUTIES (2010); Deborah A.

  • SUBJECT TO THE PRECEDING SENTENCE, XXXX IS ONLY LIABLE FOR SLIGHT NEGLIGENCE, IF XXXX IS IN BREACH OF MATERIAL OBLIGATIONS OF THIS XXXX, THE FULFILLMENT OF WHICH FACILITATE THE DUE PERFORMANCE, THE BREACH OF WHICH WOULD ENDANGER THE PURPOSE OF THIS XXXX AND THE COMPLIANCE WITH WHICH PARTY MAY CONSTANTLY TRUST IN (SO CALLED “CARDINAL OBLIGATIONS”).

  • Id. 2 Defendants also move to dismiss the pendent state law claims under Rule 12(b)(1) in the event that the Court dismisses the federal claims under Rule 12(b)(6).

  • NOTE Roof NoteB.O_.E CillW3b W1 W1THE PRINCIPLE CONTRACTOR, TOGETHER WITH HIS SUB-CONTRACTORS, IS DIRECTLY RESPONSIBLE TO THE CLIENT FOR DUE PERFORMANCE IN TERMS OF THE BUILDING CONTRACT.

  • MATTHEW CONAGLEN, FIDUCIARY LOYALTY: PROTECTING THE DUE PERFORMANCE OF NON-FIDUCIARY DUTIES 13 (2010).

  • ARTICLE 113 – ADEQUATE ASSURANCE OF DUE PERFORMANCE A party who reasonably believes that there will be a fundamental non- performance by the other party may demand adequate assurance of due performance and may meanwhile withhold his own performance.

Related to DUE PERFORMANCE

  • 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

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

  • 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

  • Non-Performance Charge means the charge applicable to Capacity Performance Resources as defined in Tariff, Attachment DD, section 10A(e).

  • 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;

  • 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;

  • Energy Performance Score means the numeric rating generated by Portfolio Manager that compares the Energy usage of the building to that of similar buildings.

  • Annual performance report means a written appraisal of the teaching staff member's performance prepared by the teaching staff member’s designated supervisor based on the evaluation rubric for his or her position.

  • Worst Performance (final means the Performance of the Basket Componentj (final) specified as follows:Performance of the Basket Componentj (final) = mini= 1, ..., N [Ki (final) / Ki (initial)]

  • Energy savings performance contract means a contract under which the rate of payments is based upon energy and operational cost savings and a stipulated maximum energy consumption level over the life of the contract.

  • energy performance contracting means a contractual arrangement between the beneficiary and the provider of an energy efficiency improvement measure, verified and monitored during the whole term of the contract, where investments (work, supply or service) in that measure are paid for in relation to a contractually agreed level of energy efficiency improvement or other agreed energy performance criterion, such as financial savings;

  • Control Performance Standard or “CPS” shall mean the reliability standard that sets the limits of a Balancing Authority’s Area Control Error over a specified time period.

  • Extreme performance coating means coatings designed for harsh exposure or extreme environmental conditions.

  • Unsatisfactory Performance means any of the following:

  • Substantial Performance means the stage of completion when:(a) all Work, as certified by the Contract Administrator, is capable of completion or correction at a cost of not more than:

  • Key Performance Indicator means a measure that captures the performance of a critical variable to expand and improve community-based corrections programs to promote offender success, ensure accountability, enhance public safety, and reduce recidivism.

  • Key Performance Indicators or “KPIs” means the performance measurements and targets set out in Part 3 of Schedule 1 (Services) of this Framework Agreement;

  • Certificate of Total Performance means a certificate issued indicating that the Work has been achieved;

  • Performance Requirements The ordering entity reserves the right to inspect and verify that all deliveries are in accordance with specifications, both at the point of delivery and at the point of use. For orders that specify an “authorized party” to receive and inspect deliveries and/or installations, acceptance and inspection procedures must be performed by the” authorized party” to be considered and accepted by the ordering entity. Products inspected at the time of use are subject to refusal and return requirements for issues of quality such as defects in manufacturing and/or workmanship. Products will not be considered accepted by the ordering entity until the installation is complete for the applicable products.

  • Performance Standard means the acceptable range of performance for a Performance Indicator or a Service Volume that results when a Performance Corridor is applied to a Performance Target;

  • Capacity Performance Resource means a Capacity Resource as described in Tariff, Attachment DD, section 5.5A(a).

  • Non-Performing Loans means, with respect to any Bank Subsidiary at any time, the aggregate principal amount (including any capitalized interest) of all nonaccruing loans of such Bank Subsidiary plus the aggregate principal amount of all loans of such Bank Subsidiary that are ninety (90) days or more past due and still accruing minus the Guaranteed Loan Amount of such Bank Subsidiary, in each case at such time.

  • Additional Performance Security shall have the meaning set forth in Clause 7.1;

  • 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.

  • Financial Performance Covenants means the covenants of the Borrower set forth in Section 10.11.

  • Performance Monitoring System has the meaning given to it in paragraph 1.1.2 in Part B of Schedule 6 (Service Levels, Service Credits and Performance Monitoring);