Common use of Buyer Performance Clause in Contracts

Buyer Performance. Each of the Buyer and the Company shall use its best efforts to complete the Seller Projects on schedule, on or prior to December 31, 2007, within the Approved Budget, using the methods accepted by licensed professional electricians and in a workmanlike manner consistent with industry practices and in accordance with the applicable construction contract, as amended from time to time. The Buyer shall be solely responsible for all Buyer Projects, including all financial, performance and indemnification obligations relating thereto. The Buyer or the Company may engage a construction manager to assist in the completion of the Seller Projects, who may be an Affiliate of the Buyer; provided, however, in no event shall such engagement relieve the Buyer or the Company of any of its obligations to the Seller Entities under this Agreement; and provided, further, however, that the cost of any such construction manager's fee is included in the construction management fee of $3,300,000 set forth on Exhibit B. If the Seller Projects are not completed on or prior to December 31, 2007, the Buyer and the Parent shall negotiate in good faith a revised schedule of completion and the manner in which the Seller Projects will be financed and completed.