Capability to Perform Sample Clauses

Capability to Perform. DISTRIBUTOR shall maintain the financial capability to perform the Distribution Agreement and shall, at its own expense, establish and maintain a sales, marketing and distribution, and service organization, and employ personnel in sufficient number of adequately and effectively sell ASTC Products in the Territory, including the appointment of a Product Manager who shall be responsible for the sale and promotion of ASTC products, as well as for training of DISTRIBUTOR's sales representatives in the sale and promotion of ASTC Products.
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Capability to Perform. Provider is capable of and will perform its obligations hereunder and under each Order within the time limits and periods applicable thereto.
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Capability to Perform. As of the Closing Date Purchaser will have available (either in immediately available cash or from available unused lines of credit or third party financing, or a combination thereof) funds sufficient to pay the Purchase Price payable pursuant to Section 2.3 and Section 2.4, and to consummate the transactions contemplated hereby.
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Capability to Perform. The Servicer has the knowledge, the experience and the systems, financial and operational capacity available to timely perform each of its obligations under the Premium Receivable Servicing Agreement.
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Capability to Perform. That: (i) it is capable in all respects of providing all Services in accordance with the requirements of this Agreement; (ii) it understands the nature, location, and scope of Services to be performed hereunder; (iii) as of the Effective Date, there is no pending or threatened outstanding litigation, arbitrated matter, or other dispute to which Consultant is a party, that, if decided unfavorably to Consultant, could reasonably be expected to have a potential or actual material adverse effect on Consultant’s ability to fulfill its obligations hereunder, and that Consultant knows of no basis that might give rise to any such litigation, arbitration, or other dispute in the foreseeable future. Upon becoming aware of any such basis, Consultant shall promptly notify Owner.
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Capability to Perform. A copy of price list from award or subsequent modification that Transferee will use If the Transferee is planning to use a different price list, submit two copies of the new commercial catalog/price list Certification that no change has occurred in the commercial sales practices since the original award or subsequent modification, or Complete and submit a Commercial Sales Practices Format if the commercial sales practices of the transferee are different from those of the transferor If the Transferee is a large business, a commercial subcontracting plan must be submitted with the novation documents. The contract will not be novated without an approved subcontracting plan. Subcontracting plan template is available in Attachment 13 to the solicitation. Change-of-Name Agreement Checklist FAR Required Documents – FAR 42.1205: (You may not have all of these documents, but each must be addressed) 3 signed originals of the Change-of-Name Agreement A sample is provided below in Clause 42.1205 If the incorporating State does not require a corporate seal, include a statement to that effect on a separate page Authenticated document by the State effecting the name change The effective date of the transfer from this document should be reflected in the Change-of-Name Agreement paragraph (a)(2) and in the attorney opinion letter. Attorney opinion letters Must include a statement that the transfer was properly affected under the applicable state law Must state the effective date of the transfer List of contracts affected. Must reflect: Contract Number and type Name and address of contracting office Total dollar value Approximate unpaid balance Subpart 42.12—Novation and Change-of-Name Agreements 42.1200 Scope of subpart. This subpart prescribes policies and procedures for—
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Capability to Perform. 6.2.4.1 Ability to complete work within required time. Availability and continuity of staff during course of the project.
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Capability to Perform. HSD warrants that it is financially capable of fulfilling all requirements of this Agreement, is appropriately staffed to fulfill its obligations under this Agreement and the Support and Implementation Agreements and that HSD is a validly organized entity authorized to enter into the Agreement.
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Related to Capability to Perform

  • Ability to Perform The Servicer does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement;

  • Financial Ability to Perform Purchaser has available to it as of the date hereof, and will have available to it at the Closing, funds sufficient to enable Purchaser to perform all of its obligations hereunder, including delivering the Closing Purchase Price and the Purchase Price to Seller, as and when contemplated by this Agreement and to pay or otherwise perform all of the obligations of Purchaser under the other Transaction Documents.

  • Ability to Perform; Solvency The Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement. The Seller is solvent and the sale of the Mortgage Loans will not cause the Seller to become insolvent. The sale of the Mortgage Loans is not undertaken with the intent to hinder, delay or defraud any of Seller's creditors;

  • Inability to Perform This Lease and the obligations of the Tenant hereunder shall not be affected or impaired because the Landlord is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of strike, labor troubles, acts of God, or any other cause beyond the reasonable control of the Landlord.

  • Right to Perform If Tenant shall fail to pay any sum of money, other than Base Rent or Additional Rent, required to be paid by it under this Lease or shall fail to perform any other act on its part to be performed under this Lease, and such failure shall continue for ten (10) Business Days after notice of such failure by Landlord, or such shorter time if reasonable under the circumstances, Landlord may, but shall not be obligated to, and without waiving or releasing Tenant from any obligations of Tenant, make such payment or perform such other act on Tenant's part to be made or performed as provided in this Lease. Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this paragraph as in the case of default by Tenant in the payment of Base Rent.

  • Continue to Perform No resignation or removal of the Administrator will be effective, and the Administrator will continue to perform its obligations under this Agreement, until a successor Administrator has accepted its engagement according to Section 3.5(b).

  • Failure to Perform In the event of a failure of performance due under this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall be entitled to reasonable attorney’s fees in addition to costs and necessary disbursements.

  • AUTHORITY TO PERFORM AGREEMENTS The Company undertakes to obtain all consents, approvals, authorizations or orders of any court or governmental agency or body which are required for the performance of this Agreement and under the Organizational Documents or the consummation of the transactions contemplated hereby and thereby, respectively, or the conducting by the Company of the business described in the Prospectus.

  • Interruption of Services Tenant agrees that Landlord shall not be liable in damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Notwithstanding the foregoing, if the Premises, or a material portion of the Premises, is made untenantable (that is, Tenant cannot conduct its business in such portion) or inaccessible for a period in excess of five (5) consecutive business days as a result of the Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”), then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipment.

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