Non-Performance of Conditions Sample Clauses

Non-Performance of Conditions for the Benefit of the Vendor. In the event that any of the conditions set forth in this Section 12 shall not be fulfilled and/or performed at or before the Time of Closing, the Vendor may rescind this Agreement by notice in writing to the Purchaser and the Vendor shall thereupon be released from all obligations under this agreement and the
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Non-Performance of Conditions. In the event that any of the conditions set forth in this Section 12 of this Agreement shall not be fulfilled and/or performed at or before the Closing Time, Lacus will be subject to a daily penalty of US$1,000.00. Notwithstanding the foregoing, LI3 may terminate this Agreement by notice in writing to Lacus and LI3 shall thereupon be released from all obligations under this Agreement, and LI3 may refer the matter to arbitration pursuant to Section 18.7, seeking such relief as it may deem appropriate.
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Non-Performance of Conditions. In the event that any of the conditions set forth in this Section 6 of this Agreement shall not be fulfilled and/or performed at or before the Closing Time, the defaulting Party will be subject to a daily penalty of US$1,000.00. Notwithstanding the foregoing, the non-defaulting Party may terminate this Agreement by notice in writing to the defaulting Party and the non-defaulting Party shall thereupon be released from all obligations under this Agreement, and the non-defaulting Party may refer the matter to arbitration pursuant to Section 8.4, seeking such relief as it may deem appropriate. Notwithstanding the foregoing, in the event the Sellers are the defaulting Party, the Sellers shall also immediately refund Purchaser the Initial Purchase Price paid pursuant to Section 2.1(a) hereunder, in immediately available funds, by wire transfer to the account indicated in writing by Purchaser.
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Related to Non-Performance of Conditions

  • Non-Performance No failure or delay in performance, whether in whole or in part, by either Gatherer or Shipper shall be deemed to be a breach hereof (other than the obligation to pay amounts when due under this Agreement) when such failure or delay is occasioned by or due to a Force Majeure Event.

  • Performance of Covenants and Satisfaction of Conditions To use its reasonable best efforts to do and perform all things required to be done or performed under this Agreement by the Company prior to each Closing Date and to satisfy all conditions precedent to the delivery of the Firm Stock and the Optional Stock.

  • Non-Performance of Other Covenants and Obligations Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to WWI by the Administrative Agent at the direction of the Required Lenders.

  • Performance of Covenants Each covenant or obligation that the Company is required to comply with or to perform at or prior to the Closing shall have been complied with and performed in all material respects.

  • Default in Performance of Other Covenants and Conditions Any Credit Party or any Subsidiary thereof shall default in the performance or observance of any term, covenant, condition or agreement contained in this Agreement (other than as specifically provided for in this Section) or any other Loan Document and such default shall continue for a period of thirty (30) days after the earlier of (i) the Administrative Agent’s delivery of written notice thereof to the Borrower and (ii) a Responsible Officer of the Borrower having obtained knowledge thereof.

  • Performance Conditions The Shares shall be issuable only if (and to the extent) that the Performance Criteria, set forth herein, are satisfied during the Performance Period. The Controller of the Company and the Compensation Committee of the Board of Directors of the Company shall certify whether, and to what extent, the Performance Criteria have been achieved. If the minimum performance is not met, no Shares shall be issued and the Award shall be forfeited.

  • Performance of Contracts The Company shall not materially ------------------------ amend, modify, terminate, waive or otherwise alter, in whole or in part, any of the Employee Nondisclosure and Developments Agreements without the consent of the Company's Board of Directors.

  • Non-Performance of Certain Covenants and Obligations The Borrower shall default in the due performance or observance of any of its obligations under Sections 6.01(a), (b), (c) and (e), Section 6.07, Section 6.11 or Article VII; or

  • 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.

  • Performance of Replacements (a) Borrower shall make Replacements when required in order to keep the Property in condition and repair consistent with other similar properties in the same market segment in the metropolitan area in which the Property is located, and to keep the Property or any portion thereof from deteriorating. Borrower shall complete all Replacements in a good and workmanlike manner as soon as practicable following the commencement of making each such Replacement.

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