DISCHARGE ONLY BY PERFORMANCE Clause Samples

The "Discharge Only by Performance" clause establishes that contractual obligations are fulfilled and the parties are released from their duties only when the agreed-upon terms have been fully performed. In practice, this means that neither party can consider the contract ended or seek to be excused from their responsibilities unless all required actions, payments, or services have been completed as specified. This clause ensures that both parties are held to the full execution of their promises, preventing premature termination or avoidance of obligations, and thereby upholding the integrity of the contractual agreement.
DISCHARGE ONLY BY PERFORMANCE. The obligations of the Guarantors shall not be discharged except by performance and then only to the extent of such performance. Such obligations shall not be subject to the Bank giving any prior notice or demand to the Guarantors with regard to any default of the Customer(s), and shall not be impaired by any extension of time, forbearance or concession granted to the Customer(s) by the Bank, or the Bank’s assertion of or failure to assert any right or remedy against the Customer(s), or any failure of the Customer(s) to comply with any requirements of any law, regulations or order in Malaysia or of any political sub-division or agency thereof.
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DISCHARGE ONLY BY PERFORMANCE. The Guarantor agrees that this Guarantee and Indemnity and obligations of the Guarantor under this Guarantee and Indemnity will not be satisfied and discharged except on the payment by the Guarantor of all (i) Indebtedness and (ii) also monies which are now or in future due and owing by the Guarantor (whether solely or jointly with any other persons, firms or companies, and whether as principal or surety) or for which the Guarantor may be liable to the Bank in any manner.
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DISCHARGE ONLY BY PERFORMANCE. The obligations of the Guarantor shall not be discharged except by performance and then only to the extent of such performance. Such obligations shall not be subject to any prior notice to or demand to the Guarantor with regard to any default of the Borrower and shall not be impaired by any extension of time forbearance or concession given to the Borrower or any other person or any assertion of or failure to assert any right or remedy against the Borrower or any other persons or in respect to the Security Documents and/or any modification or amplification of the provision thereof contemplated by the terms thereof or any failure of the Borrower to comply with any requirements of any law regulations or order in Malaysia or of any political sub-division or agency thereof.
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Related to DISCHARGE ONLY BY PERFORMANCE

  • Excused Performance In case performance of any terms or provisions hereof shall be delayed or prevented because of compliance with any law, decree or order of any governmental agency or authority, whether the same shall be of Local, State or Federal origin, or because of riots, war, public disturbances, strikes, lockouts, differences with workmen, fires, floods, acts of God or any other reason whatsoever which is not within the control of the party whose performance is interfered with and which, by the exercise of reasonable diligence, said party is unable to prevent, the party so suffering may, at its option, suspend, without liability, the performance of its obligations hereunder during the period of such suspension of performance of duties hereunder.

  • Continuing Performance In the event of a dispute, the Owner and the Developer agree to continue their respective performance hereunder to the extent feasible in light of the dispute, including paying ▇▇▇▇▇▇▇▇, and such continuation of efforts and payment of ▇▇▇▇▇▇▇▇ shall not be construed as a waiver of any legal right.

  • Continued Performance The Contractor and Contractor Parties shall continue to Perform their obligations under the Contract while any dispute concerning the Contract is being resolved.

  • Excuse for Nonperformance or Delayed Performance Except with respect to defaults of subcontractors, Contractor/Vendor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor/Vendor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor has notified the Commission or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the Commission or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

  • OUTCOME IF GRANTEE CANNOT COMPLETE REQUIRED PERFORMANCE Unless otherwise specified in this Statement of Work, if Grantee cannot complete or otherwise comply with a requirement included in this Statement of Work, HHSC, at its sole discretion, may impose remedies or sanctions outlined under Contract Attachment D, Local Mental Health Authority Special Conditions, Section 7.09 (Remedies and Sanctions). CONTRACT NO. HHS001324500038