DISPUTED PERFORMANCE Sample Clauses

DISPUTED PERFORMANCE. In the event of a dispute as to the performance of a Launched Satellite, Customer shall provide Contractor with such technical data, reports, analyses, and records as are available to support Customer's determination and Contractor shall be given thirty (30) Calendar Days to verify the data. If, following such thirty (30) Calendar Day period, Contractor continues to disagree with Customer's determination and is able to present evidence to the contrary, then Customer shall consider such evidence and consult with Contractor. In the event the Parties do not reach agreement, the Parties agree to have an independent determination of the Satellite's technical status performed by a mutually-acceptable technically-qualified third party. The costs incurred in retaining the third party shall be shared equally between Contractor and Customer. The Parties agree that before reference to such mutually-acceptable technically-qualified third party, an informal forum between the Parties' Chief Executive Officers shall take place to attempt resolution of said dispute. In the event such efforts to resolve the dispute are unsuccessful, the Parties shall proceed under Article 27.2 (Arbitration). The foregoing independent determination may be used by either Party in any arbitration under Article 27.2 (Arbitration), but such determination shall not be binding upon the arbitrators.
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DISPUTED PERFORMANCE. Customer shall notify the Contractor of any failure of the Satellite to meet any performance criteria set forth in Exhibit D within two (2) Business Days of when Customer knows of said failure to meet the performance criteria. In the event of a dispute as to the performance of the Satellite, Customer shall provide Contractor with such technical data, reports, analyses, and DigitalGlobe Inc. Proprietary
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DISPUTED PERFORMANCE. 52 12.5 ROLL-OVER OF INCENTIVE AMOUNTS.......................................................................52 12.6
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DISPUTED PERFORMANCE. 37 13. INSURANCE .............................................................. 38 13.1 GENERAL ................................................................ 38
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DISPUTED PERFORMANCE. In the event ORION claims for any month of operation of the ORION-Z Spacecraft that any of the criteria established or referred to under Articles 12.3, 12.4 and 12.5 above have not been met, ORION's claim shall be accompanied by technical data, reports, analyses and such records as are available to support such claim, and Contractor shall be given an opportunity to verify the data. Should Contractor disagree with such claim and present evidence to the contrary, then ORION shall consider such evidence and consult with Contractor. In the event the Parties cannot resolve such disagreement, then either Party may proceed under Article 16 (Dispute Resolution) to have such dispute resolved.
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DISPUTED PERFORMANCE. 53 12.5 Roll-Over of Incentive Amounts.......................................................... 53 12.6
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Related to DISPUTED PERFORMANCE

  • Excused Performance If either Party is rendered wholly or partially unable to perform its obligations (other than payment obligations) under this Agreement due to the occurrence of a Force Majeure Event, such Party will be excused from the affected performance obligation (other than payment obligations), provided that:

  • Strict Performance The failure of any party to insist upon or enforce strict performance by any other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, such provision or right shall be and remain in full force and effect.

  • Prompt Performance All actions required to be taken (including payments) by any party under this Agreement shall be performed within the time prescribed for performance in this Agreement, or if no period is prescribed, such actions shall be performed promptly.

  • Assist Performance Seller shall exercise its reasonable best efforts to cause to be fulfilled those conditions precedent to Buyer’s obligations to consummate the transactions contemplated hereby which are dependent upon the actions of Seller and to work with Buyer to make and/or obtain any necessary filings and consents. Seller shall cause Split-Off Subsidiary to comply with its obligations under this Agreement.

  • Timely Performance Time is of the essence as to the performance of the obligations required of the respective parties under this Agreement.

  • Not Impair Performance Buyer shall not take any intentional action that would cause the conditions upon the obligations of the parties hereto to effect the transactions contemplated hereby not to be fulfilled, including, without limitation, taking or causing to be taken any action that would cause the representations and warranties made by any party herein not to be true, correct and accurate as of the Closing, or in any way impairing the ability of Seller to satisfy its obligations as provided in Article VII.

  • Continued Performance The fact that the dispute resolution procedures specified in this Section 13 shall have been or may be invoked shall not excuse any party from performing its obligations under this Agreement, and during the pendency of any such procedure all parties shall continue to perform their respective obligations in good faith, subject to any rights to terminate this Agreement that may be available to any party.

  • Continuity of Service and Performance Unless otherwise agreed in writing, the Parties shall continue to provide service and honor all other commitments under this Agreement during the course of a Dispute with respect to all matters not subject to such Dispute.

  • PAYMENT AND PERFORMANCE OF LIABILITIES The Borrowers shall pay each payment Liability when due (or when demanded, if payable on demand) and shall promptly, punctually, and faithfully perform each other Liability.

  • Seller’s Performance (a) All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects.

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