Performance by the Purchaser. The Purchaser shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Purchaser at or prior to the Initial Closing and as of each Settlement Date.
Performance by the Purchaser. The Purchaser shall have performed, satisfied and complied with, in all material respects, all covenants, agreements, and conditions required by this Agreement to be performed, satisfied or complied with by it on or prior to the Closing Date, and the Company shall have received a certificate attesting thereto signed by a duly authorized officer or agent of the Purchaser.
Performance by the Purchaser. The Parent agrees to cause the Purchaser to comply with its obligations hereunder and to cause the Purchaser to consummate the Transactions as contemplated herein.
Performance by the Purchaser. All the terms, covenants, agreements and conditions of this Agreement to be complied with and performed by the Purchaser on or before the Closing shall have been complied with and performed in all material respects.
Performance by the Purchaser. The Purchaser shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Purchaser at or prior to the Closing, including payment of the purchase price set forth on SCHEDULE I to the Company as provided herein.
Performance by the Purchaser. On or before Closing Date, ---------------------------- Purchaser shall have performed and complied with all agreements and conditions required by this Agreement.
Performance by the Purchaser. The Purchaser shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Purchaser under the terms of this Agreement at or prior to the Closing.
Performance by the Purchaser. Purchaser shall be solely responsible for supervising the use of the equipment. Purchaser is responsible for whatever attendant personnel, signage, and other controls and cautions are required or desirable for safe operation of the equipment. Purchaser, not X’Xxxxx, assumes the responsibility to instruct and warn all persons including passengers, tenants, employees, and the general public in the proper use of Purchaser’s equipment and the risks involved in its use. Purchaser shall shut down the equipment immediately upon manifestation of any malfunction or irregularity in operations or appearance of the equipment and Purchaser shall keep the equipment shut down until X’Xxxxx has completed its work. Purchaser shall immediately notify X’Xxxxx and appropriate government authorities of any accidents and give X’Xxxxx written notice within 24 hours. Purchaser agrees to notify X’Xxxxx immediately in writing of environmental or safety hazards in the building. Purchaser agrees to pay any tax or permit required by law. Purchaser understands that nothing in this agreement shall be construed to mean that X’Xxxxx assumes any liability for injury or damages to persons or property except those directly caused by the acts or omissions of X’Xxxxx, and that Purchaser’s own liability, if any, for such injuries or damages is not affected by this agreement. X’Xxxxx shall not be liable for any damages caused by misuse of the equipment, fire or explosion whether originating in the equipment or not, electrical storms, extremes of heat and cold, flood, theft, acts of God, vandalism, strikes, lockouts, or other labor disputes of any kind, material shortages, acts of civil or military authorities, riot or insurrection, or any cause beyond X’Xxxxx’x control. In the event of delay due to any such cause X’Xxxxx’x performance will be postponed for the time period reasonably necessary to compensate for the delay. In no event shall X’Xxxxx be responsible for consequential damages. Purchaser agrees to notify X’Xxxxx in writing of any change in ownership, lessor, lessee, or management of the subject premises where the equipment is located at least 30 days prior to such changes. Failure to so notify shall not negate Purchaser’s obligation under this agreement. No assignment of this agreement shall be effective without the written consent by X’Xxxxx. Purchaser agrees that failure to make payments due under this contract within 60 days from the due date shall suspend X’Xxxxx’x obligations unde...
Performance by the Purchaser. Each of the obligations of the Purchaser to be performed by it on or before the Closing Date pursuant to the terms of this Agreement, shall have been duly performed and complied with in all respects.
Performance by the Purchaser. The Purchaser shall have performed and complied in all material respects with all agreements, covenants and conditions required by this Agreement, including the conditions precedent set forth in Section 6.6, "Employment Agreements," Section 6.7, "Consulting Agreement," Section 6.15, "Financing," and Section 2.2, "Purchase Price and Payment for CIC Shares," to be performed and complied with by it prior to or on the Closing Date, or such earlier date specified in this Agreement, and there shall be delivered to the Selling Shareholders and CIC a certificate to that effect, dated the Closing Date and signed in the manner set forth in Section 7.1 above.
5. Section 7.5, "Escrow of Termination Fee," is hereby deleted.
Section 8.1 is hereby amended and restated in its entirety to read as follows:
