Performance by a Successor to Enterprise. Enterprise will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of Enterprise to assume expressly and agree to perform this Agreement in the same manner and to the same extent that Enterprise would be required to perform it if no such succession had taken place. As used in this Agreement, "Enterprise" shall mean Enterprise as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Performance by. GLOBIX Globix will use industry standard efforts to: (i) maintain Globix's facilities and equipment required to deliver Service, (ii) furnish Service in accordance with the applicable Service Level Agreement ("SLA"), provided Globix has operational facilities available at the time of Client's order, regardless of whether or not Client's equipment is operational, and (iii) provide additional Service, upon request and if appropriate resources are available at Globix's standard rates.
Performance by. Borrower shall in a timely manner observe, perform and fulfill each and every covenant, term and provision to be observed and performed by Borrower under this Agreement and the other Loan Documents and any other agreement or instrument affecting or pertaining to the Property and any amendments, modifications or changes thereto.
Performance by. LESSEE on Behalf of Lessor in the event that neither Lessor nor Lender cures said breach within thirty (30) days after receipt of said written notice, or if having commenced said cure they do not diligently pursue it to completion, then Lessee may elect to cure said breach at Lessee's expense and offset from Rent an amount equal to the greater of one month's Base Rent or the Security Deposit, and to pay an excess of such expense under protest, reserving Lessee's right to reimbursement from Lessor. Lessee shall document the cost of said cure and supply said documentation to Lessor.
Performance by a Surety or a Guarantor of any of the obligations of Maintenance Contractor that meets the requirements of the COMA Documents shall not relieve Maintenance Contractor of any of its obligations hereunder, including the payment of liquidated damages.
