Reasonable Diligence. Both Landlord and Tenant agree to use reasonable diligence in performing all of their respective obligations and duties under this Agreement and in proceeding with the construction and completion of the Tenant Improvements in the Demised Premises.
Reasonable Diligence. Both Sublandlord and Subtenant agree to use reasonable diligence in performing all of their respective obligations and duties under this Work Agreement and in proceeding with the construction and completion of the Initial Improvements in the Demised Premises.
Reasonable Diligence. Licensee shall use reasonable diligence, at its own expense, to build, operate and maintain a Radio Location System in the Territory and to promote, market, sell and support RLS Customer Equipment and RLS Customer Services in the Territory.
Reasonable Diligence. The Company shall use commercially reasonable, diligent and good faith efforts to bring Products to market, and to make sales of such Products at commercially reasonable volumes taking into due account applicable considerations, if any, arising with respect to possible claims by any third party alleging infringement of such third party's patent rights by Products sold by the Company. Said reasonable diligence shall be at least up to the level of efforts that the Company devotes to the commercialization of its other products of similar market value and therapeutic and developmental status. Without limiting the generality of the foregoing, the Company and its Affiliates and sublicensees will not develop, manufacture or market any pharmaceutical, therapeutic or prophylactic product for use in humans or animals utilizing the p53 Gene, unless the same is done as a Product pursuant to this Agreement and treated as such for all purposes hereunder, including for purposes of calculating Net Sales[; provided, however, in no event shall the contingent payment rate with respect to such a product be greater than 6% if Net Sales with respect to such product are less than $10 million or be greater than 5% if Net Sales with respect to such product are greater than $10 million]. To the extent any such pharmaceutical, therapeutic or prophylactic product is done or treated as a Product as provided in the preceding sentence, although such product would not otherwise be a Product as defined herein but for this paragraph, all royalties owing from the Company or any of its Affiliates to any third party related to any such product accrued or paid during any Contingent Payment Period shall be included in and treated as part of the Deductible Amount.
Reasonable Diligence. The Manager shall implement any Approved Material Improvement, with reasonable diligence.
Reasonable Diligence. The Cooperative uses reasonable diligence under standard utility practices to provide continuous and adequate service in accordance with the standards set forth in these rules.
Reasonable Diligence. Customer shall make reasonable effort to ensure that the problem is not due to any hardware or third party software before requesting QSI support. If deemed necessary, Customer may engage QSI support personnel for the then current hourly consulting support rate to assist with the aforementioned effort. QSI reserves the right to invoice Customer for support incidents that are unrelated to QSI software defects.
Reasonable Diligence. CROSSROADS agrees to use due diligence and good business practices in the operation of the DISTRICT's Facilities. CROSSROADS will be liable for any direct or indirect loss, injury or damages resulting from the diminution or interruption of service within the DISTRICT's Facilities that is caused by or results from either directly or indirectly the improper or inadequate operation of the Facilities by CROSSROADS or the willful misconduct, recklessness or negligence (whether active, passive or gross) of CROSSROADS, its employees, representatives, agents or subcontractors.
Reasonable Diligence. Both Landlord and Tenant agree to cooperate to the maximum possible extent and to use reasonable diligence in performing all of their respective obligations and duties under this Work Letter and in proceeding with the construction and completion of the Base Building Work and all Tenant Work in the Premises.
Reasonable Diligence. Both Mercury and Reliant agree to use reasonable diligence in performing all of their respective obligations and duties under this Workletter and in proceeding with the construction and completion of the Initial Improvements in the Subleased Premises.
