IN PERFORMANCE. Neither Licensor nor Licensee shall be liable in damages or otherwise for any delay or default in performance under this License Agreement where such delay or default is due to any cause beyond its control or is caused by war, strikes, other labor trouble, shortage of labor or material, riots, fires, floods, public calamity, transportation difficulties, or by an act or omission of any governmental authority.
IN PERFORMANCE. EI agrees to support the following activities as soon as the MSN profiling technology is commercially available and technically viable: EI will store user information in MSN User Profile Store. EI will implement EI's web pages to provide real time events logging to the MSN User Profile Store. EI will also provide click stream information to MSN IDSS nightly. EI will tag content pages using MSN's taxonomy. MSN agrees to provide EI reasonable consulting support to assist in the implementation process. MSN agrees to deliver targeted advertising in a similar manner as it treats other premium partners on MSN who participate in the profiling initiative.
IN PERFORMANCE. In the event that the Work to be performed by Contractor is delayed without Contractor’s fault or for causes beyond Contractor’s control, Contractor, will, within seven calendar days after commencement of any condition which is causing or may cause delay, notify Owner in writing of the nature and causes of such delay. Should contractor fail to so notify Owner, Contractor shall be deemed to have waived all rights Contractor may have for an extension in time in the performance of Work. Contractor agrees that Contractor’s only remedy for delays which notice has been given as provided above shall be for an extension of time by the number of days by which Contractor has been delayed as determined in the sole and absolute discretion of the Owner, and that Contractor shall not be entitled to any recovery for loss, expense or damage resulting from any such delay.
IN PERFORMANCE. 7.1 In the event MIAGEN is unable to complete its obligations under the Agreement by the dates agreed in a TOR due to CLIENT non-fulfilment of obligations for which CLIENT is responsible under a TOR or PID, MIAGEN will promptly notify CLIENT and the Parties will use reasonable efforts to develop a workaround that will allow MIAGEN to complete its obligations.
IN PERFORMANCE. Should the BORROWER come wholly or partly into arrears with his obligations to pay from the agreement hereto or the BANKS terminate pursuant to Number 14 of the agreement hereto because of delay in performance, the BANKS shall be entitled to assert an interest rate amounting to the interest rate settled under Number 4.1 plus 1.5% per annum for the period of time from the delay in performance until the amounts are received as damage caused by delayed performance. The claim to replacing further damage shall remain unaffected by this. The BORROWER shall be at liberty to prove that there is lesser damage. LAMBDANET CREDIT AGREEMENT page 23 of the agreement dated January 21, 2000
IN PERFORMANCE. (i) This Agreement is global in scope, and the Non-US Exclusive Country versions will be customized and co-branded as international versions in accordance with the specifications of this Agreement.


  • Non-Performance The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined.

  • Full Performance The Owner and the Contractor hereby agree to the full performance of the Contract Documents.

  • Lawful Performance Vendor shall abide by all Federal, State and Local Laws, Ordinances, Regulations, and Statutes as may be related to the performance of duties under this agreement. In addition, all applicable permits and licenses required shall be obtained by the vendor, at vendor’s sole expense.

  • Excused Performance Except as otherwise specifically provided in the Agreement, neither Party shall be considered in breach of the Agreement or liable for any delay or failure to comply with the Agreement, if and to the extent that such delay or failure is attributable to the occurrence of a Force Majeure Event; provided that the Party claiming relief under this Section 11 shall immediately (i) notify the other Party in writing of the existence of the Force Majeure Event, (ii) exercise all reasonable efforts necessary to minimize delay caused by such Force Majeure Event, (iii) notify the other Party in writing of the cessation or termination of said Force Majeure Event and (iv) provided, however, that Purchaser shall not be excused from making any payments and paying any unpaid amounts due in respect of Solar Power delivered to Purchaser prior to the Force Majeure Event performance interruption.

  • Work Performance Xxxxxx agrees that all Services performed hereunder shall be performed on a best effort basis by employees, students, faculty, graduate assistants and staff having an appropriate experience and skill level and in compliance with the statement of work.

  • Continuing Performance (a) The provisions of this document do not merge with any action performed or document executed by any party for the purposes of performance of this document.

  • Events Excusing Performance Neither party shall be liable to the other party for failure to perform any of the services required herein in the event of strikes, lock-outs, calamities, acts of God, unavailability of supplies or other events over which that party has no control for so long as such events continue, and for a reasonable period of time thereafter.

  • TIMELY PERFORMANCE (a) SELLER's timely performance is a critical element of this Contract.

  • Strict Performance Failure by any party to this Contract to insist in any one or more cases upon the strict performance of any of the terms, covenants, conditions, or provisions of this Contract shall not be construed as a waiver or relinquishment of any such term, covenant, condition, or provision. No term or condition of this Contract shall be held to be waived, modified, or deleted except by a written amendment signed by the parties hereto.

  • School Performance The School shall achieve an accountability designation of Good Standing or Honor on each of the three sections of the Performance Framework. In the event the School is a party to a third party management contract which includes a deficit protection clause, the School shall be exempt from some or all measures within the financial portion of the Performance Framework. In accordance with Charter School Law, the Authorizer shall renew any charter in which the public charter school met all of the terms of its performance certificate at the time of renewal.