Deemed Performance Clause Samples
The Deemed Performance clause establishes that certain obligations or requirements under a contract will be considered fulfilled, even if actual performance has not occurred, provided specific conditions are met. For example, if a party submits required documentation or evidence of attempted delivery, the contract may treat the obligation as completed regardless of whether the other party formally acknowledges receipt. This clause is primarily used to prevent one party from being unfairly penalized due to the inaction or delay of the other party, thereby ensuring that contractual progress is not hindered by technicalities or lack of formal confirmation.
POPULAR SAMPLE Copied 2 times
Deemed Performance. If an Understudy is required to be present at any performance, that day shall be regarded as a performance day for the Artist.
26:01 Call Board
Deemed Performance. The Contractors' services shall be deemed to have been performed when the property is in a safe condition in the place of safety stated in Box 3 or agreed or determined in accordance with Clause A. For the purpose of this provision the property shall be regarded as being in safe condition notwithstanding that the property (or part thereof) is damaged or in need of maintenance if (i) the Contractors are not obliged to remain in attendance to satisfy the requirements of any port or habour authority, governmental agency or similar authority and (ii) the continuation of skilled salvage services from the Contractors or other salvors is no longer necessary to avoid the property becoming lost or significantly further damaged or delayed.
Deemed Performance. Final Dress Rehearsals with audiences present shall be considered as performances and performance day provisions shall apply. However, Artists on a per-performance contract may participate in such a Final Dress Rehearsal without additional compensation. Nevertheless, additional compensation will be payable should any Artist perform more than seven (7) performances per engagement week as provided in Article 18:00 - Performances (or maximum number of performances per week allowed).
Deemed Performance. (a) If as a result of an Excusable Event, Force Majeure or Adverse Weather Conditions, either:
(i) Arrival has not occurred on or before the original Scheduled Delivery Date (disregarding for these purposes any extension to the original Scheduled Delivery Date occurring pursuant to Clause 7.1(c)(A)); and/or
(ii) Owner is unable to demonstrate that the Vessel meets the Minimum Test Requirements by the Scheduled Acceptance Date, then, in each such case, the Vessel shall be deemed to have achieved the Minimum Test Requirements (“Deemed Performance”) and shall be on Hire, and Hire shall continue to be payable from 00:00 hour on: (A) in the case of (i) above, the original Scheduled Delivery Date; and (B) in the case of (ii) above, the Actual Arrival Date, in each such case for the full period of any Deemed Performance. During any period of Deemed Performance, operation of the Vessel, to the extent required, will be undertaken by the Contractor pursuant to the OSA and Charterer shall (in addition to making payment of Hire to Owner under this Charter) ensure that Customer pays the Daily Service Fee to Contractor pursuant to the OSA.
(b) During any period of Deemed Performance, Charterer shall endeavour to cure any Excusable Event causing the Deemed Performance. Once Charterer cures such Excusable Event, or it or any other relevant event ceases to prevent Owner from performing its obligations, Deemed Performance shall end and Owner shall conduct the Performance Tests. If during a period of Deemed Performance, the Vessel reasonably demonstrates through the conduct of SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE THEY ARE BOTH (I) NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH FIVE ASTERISKS (*****). operations, that it has achieved certain Minimum Test Requirements, the Vessel will be deemed to have successfully completed any corresponding Performance Tests. If the Vessel meets the Minimum Test Requirements following Deemed Performance, the Certificate of Acceptance shall be deemed issued as of the date of commencement of the period of Deemed Performance and the Charter Period shall continue therefrom. If the Vessel fails to meet the Minimum Test Requirements following Deemed Performance:
(i) the provisions of Clause 7.4(h) shall apply; and
(ii) if the Vessel is not able to achieve the Required Performance Levels within ***** days following the end of D...
Deemed Performance. During the period from the Commencement Date to the Execution Date, performance by a Party of its rights and obligations under the Former Project Agreement shall be deemed to constitute performance of that Party's rights and obligations under this Agreement.
Deemed Performance. For the vested pro rata portion under this Section 2 only, TSR performance conditions for Tranche 4 shall be deemed achieved at target (and no further performance determination or certification is required for such vested pro rata portion). d. Remainder: Any portion of Tranche 4 not vested under this Section 2 is forfeited per the Initial RSU Agreement.