ONGOING PERFORMANCE Sample Clauses

ONGOING PERFORMANCE. Until the Effective Time, the Merged Partnership shall continue to fulfill all of its obligations under the terms of the Existing Mortgage, the leases encumbering the Property, the service contracts and the executory contracts, and the Merged Partnership shall operate, and perform routine maintenance and repair with respect to, all landscaping, buildings, fixtures and facilities, including, without limitation, the Other Items, in accordance its current practices. With respect to non-routine maintenance or repair, the following shall apply: (1) Except in the case of emergency, the Merged Partnership shall not arrange for the making of any non-routine repair or replacement costing in excess of $10,000 in any one instance without the prior written consent of the Surviving Partnership which consent shall not be unreasonably withheld and shall be deemed given if it is not denied by written notice received by the Merged Partnership within 3 business days after request for such consent was received by the Surviving Partnership. If such consent is given or if such cost is less than $10,000, in the event that the Merger occurs, the cost of such repair or replacement shall be the responsibility of the Surviving Partnership and if any amount on account of such cost is paid by the Merged Partnership prior to Closing, the Surviving Partnership shall reimburse that to the Merged Partnership at Closing. (2) Any non-routine repairs or replacements arranged by the Merged Partnership which are not the responsibility of the Surviving Partnership pursuant to Section 4.1(p)(1) above or Section 4.1(p)(3) below shall be a liability of the Merged Partnership which shall not be assumed by the Surviving Partnership. (3) In the event that any non-routine repairs or replacements are required on an emergency basis, which emergency is such as does not comfortably allow the passage of the time period specified above for obtaining the approval of the Surviving Partnership, the Merged Partnership may arrange for such repair or replacement, and in the event that the Merger occurs, the cost thereof shall be the responsibility of the Surviving Partnership and at Closing the Surviving Partnership shall reimburse the Merged Partnership for any amount paid on account of such repair or replacement prior to Closing.
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ONGOING PERFORMANCE. Until the Closing Date, the Company shall continue to fulfill all of its obligations under the terms of the Existing Mortgage, the leases encumbering the Property, the service contracts and the executory contracts, and the Company shall operate, and perform maintenance and repair with respect to, all landscaping, buildings, fixtures and facilities, including, without limitation, the Other Items, in a commercially reasonable manner and in accordance with its current practice.
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ONGOING PERFORMANCE. The exercise by the City of any of its rights under this Section
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Related to ONGOING PERFORMANCE

  • 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.

  • Work Performance ▇▇▇▇▇▇ 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.

  • 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.

  • Product Performance Contractor hereby warrants and represents that the Products acquired by the Authorized User under the terms and conditions of this Contract conform to the specifications, performance standards and documentation in the Authorized User Agreement., and the documentation fully describes the proper procedure for using the Products. Contractor further warrants and represents that if the Products acquired by the Authorized User pursuant to an Authorized User Agreement under this Contract include software application development, software application customization, software programming, software integration or similar items (“Software Deliverables”) then such Software Deliverables shall be free from defects in material and workmanship and conform with all requirements of the Contract and Authorized User Agreement for the warranty period of one (1) year from the date of acceptance of the completed project (“Project warranty period”). Contractor also warrants that the Products, in the form provided to the Authorized User, do not infringe any copyright, trademark, trade secret or other right of any third party.

  • Contract Performance C19.1 The Contractor shall ensure that: C19.1.1 the Goods conform in all respects with the Specification and, where applicable, with any sample or performance demonstration approved by the Authority; C19.1.2 the Goods operate in accordance with the relevant technical specifications and correspond with the requirements of the Specification and any particulars specified in the Contract; C19.1.3 the Goods conform in all respects with all applicable Laws; and C19.1.4 the Goods are free from defects in design, materials and workmanship and are fit and sufficient for all the purposes for which such Goods are ordinarily used and for any particular purpose made known to the Contractor by the Authority.