Pass Through Obligations Sample Clauses

Pass Through Obligations. In respect to work covered by this Subcontract, Subcontractor shall assume all obligations, risks and responsibilities which Contractor has assumed towards Owner in the Contract Documents, except as may be expressly modified herein. In case of a conflict between this Subcontract and the Contract Documents, the Subcontract shall govern. Nothing contained in this Subcontract shall prejudice any of the rights of the Owner or Architect under the Contract Documents. Subcontractor shall insure that each of its subcontractors and suppliers are bound to the Contract Documents in a manner similar to that set forth herein.
Sample 1Sample 2
AutoNDA by SimpleDocs
Pass Through Obligations. In respect to work covered by this Subcontract, Subcontractor shall assume all obligations, risks and responsibilities which Contractor has assumed towards Owner in the Contract Documents, except as may be expressly modified herein. In case of a conflict between this Subcontract and the Contract Documents, the Subcontract shall govern. Nothing contained in this Subcontract shall prejudice any of the rights of the Owner or Architect under the Contract Documents. Subcontractor shall ensure that each of its subcontractors and suppliers are bound to the Contract Documents in a manner similar to that set forth herein. Notwithstanding any of the foregoing, if any provision of this Subcontract or any exhibits hereto irreconcilably conflicts with a provision of the Contract Documents, the provision imposing the greater duty or obligation on the Subcontractor shall govern.
Sample 1Sample 2
Pass Through Obligations. Project Co will include in all contracts with Project Co Personnel and in all Subcontracts with Subcontractors, and will enforce for the benefit of the City, all terms and conditions as may be necessary for Project Co to grant, or obtain for the City, the Ownership, Licenses, rights and benefits provided for in this Schedule 8 and, where required in accordance with this Schedule 8 to deposit or have deposited Escrow Materials for Escrowed Deliverables supplied by Subcontractors in accordance with Section 4.7 [Escrow Agreements].
Sample 1
Pass Through Obligations. MSP agrees that it will include provisions in its agreements withEnd-Clients whose Content is managed with ConnectWise SaaS Backup that: (a) permit ConnectWise to suspend or terminate use of ConnectWise SaaS Backup in accordance with this Agreement; (b) require End-Client’s systems to meet the technical and functional requirements necessary for use of ConnectWise SaaS Backup; and (c) permit End-Client’s Content to be transferred and stored in the manner determined by Section 3.3. MSP further agrees to include in agreements between MSP and such End-Clients terms substantially identical to (and no less restrictive than) the following “Minimum End-Client Terms”:
Sample 1
Pass Through Obligations. A. As a result of programs that WBM enters into with customers, WBM may be expected to meet specific shipping and/or delivery requirements and/or restrictions as a basis for doing business with that customer. AERT, in its role as the manufacturer of the ChoiceDek® Products, to the extent commercially reasonable, agrees to satisfy any lawful requirements of these programs applicable to the manufacturer of such ChoiceDek® Products; provided that the foregoing shall not apply to any ChoiceDek® Products which are not decking products.
Sample 1
Pass Through Obligations. (i) At the Closing, the Seller shall cause each Owner to deliver to the Parties a list of all Applicable Tenants that are delinquent in payment of Rentals (which list shall also set forth the amount of Rentals due by each such Applicable Tenant (whether delinquent or otherwise), the period to which each such Rental relates and the nature of the amount due, itemizing separately fixed monthly rent and any additional charges). Any Rentals in respect of periods ending on or before the Closing Date and that are detailed on the list delivered by the Seller pursuant to the foregoing sentence that are received (net of Owner’s reasonable costs of collection) from any Applicable Tenant after the Closing Date shall be applied in the following order of priority (without duplication): (A) first, to Rentals due and payable by such Tenant with respect to all periods after the Closing, and (B) second, to Rental arrearages owing by such Tenant with respect to all periods on or prior to the Closing. Any Rentals received directly or indirectly by each Owner or Seller following the Closing Date which are the property of the other, shall be paid to the other within five (5) Business Days following receipt thereof. In no event shall the Purchaser or the Owners have any liability for failure to collect delinquent Rentals, and in no event shall the Purchaser be obligated to, and the Purchaser shall not be obligated to cause any Owner to, and in no event shall the Seller, institute any legal, eviction or similar proceedings to enforce collection of delinquent Rentals against any Tenant, take any action to terminate any Tenant’s Lease or take any other action that would adversely affect the occupancy of any Tenant under its Lease with regard to delinquencies.
Sample 1
Pass Through Obligations. To the extent this Agreement imposes requirements that would ultimately be performed by an entity that is not a Party to this Agreement (e.g., Continuum, other Developers, or tenants, contractors, or agents of Continuum or other Developers; non-Party City bureaus; etc.) (the “Pass-Through Obligations”), Xxxxxxx and PHB, as applicable, will obligate applicable third parties with whom they contract to either perform, or cause their contractors, tenants, or agents to perform, these obligations in their agreements with these third parties relating to the Development Site (the “Project Agreements”). This sentence in no way limits any obligations which, by their terms, apply directly to Prosper and/or PHB. Prosper is required to use Best Efforts to enforce its Pass-Through Obligations, as described in Section 1.3. The Pass- Through Obligations include, by way of example but not of limitation: (i) the obligation of Developers and their contractors to pay prevailing wages for Qualifying Improvements, as set forth in Section 3.6; (ii) the obligation of Contracting Parties to contribute to the Operations Equity Fund in the circumstances and amounts described in Section 4.2; and (iii) the obligation of Developers to comply with Prosper Portland’s Green Buildings Policy, as set forth in Section 6.1. Pass- Through Obligations are indicated throughout this Agreement by the use of phrases such as “DDAs will require Developers to . . .”, “Prosper will require Developers to . . .”, “DDAs will include the obligation that . . .” or other similar language expressing that obligations are to be imposed upon Developers or other entities not party to this Agreement. Pass-Through Obligations do not include responsibilities of Oversight Committee or Construction Equity Subcommittee members, or of the committees themselves. Prosper Best Efforts to Enforce Pass-Through Obligations. Prosper will use Best Efforts (as defined in SECTION 13) to enforce Pass-Through Obligations in agreements to which it is a party, including by taking the following steps: As described in Exhibit B, Xxxxxxx will respond in writing to the Oversight Committee’s recommendations regarding Developer, contractor / subcontractor, or tenant non-compliance with applicable DDA Pass-Through Obligations within the period of time set forth in Exhibit X. Xxxxxxx’x response will detail whether it believes (a) non-compliance has occurred, (b) further investigation is warranted, and (c) what remedies, if any, Prosper inten...
Sample 1
AutoNDA by SimpleDocs
Pass Through Obligations. (a) Notwithstanding anything to the contrary in the Original Agreement, (including, without limitation, Sections 3.3, 4.10, 4.11 and 8.2 of the Original Agreement), and except as provided in Section 5(b), Arsanis will not be required to (x) impose on the Foundation, or (y) impose on, or require the Foundation or any Foundation-supported Entity to impose on, any Third Party to which the Foundation grants a sublicense under the rights to the Antibodies granted by Arsanis to the Foundation under the Letter Agreement to conduct activities in furtherance of the sale or other distribution of Products in the Developing Countries (each, a “Qualified Sublicensee,” and any sublicense described in this Section 5(a), a “Qualified Sublicense”) any:
Sample 1

Related to Pass Through Obligations

  • Obligations under Security Documents duly and punctually perform each of the obligations expressed to be imposed or assumed by them under the Security Documents and Underlying Documents and will procure that each of the other Security Parties will, duly and punctually perform each of the obligations expressed to be assumed by it under the Security Documents and the Underlying Documents to which it is a party;

  • Subordination of Other Obligations Any Indebtedness of Borrower or any Guarantor now or hereafter held by any Guarantor (the “Obligee Guarantor”) is hereby subordinated in right of payment to the Guaranteed Obligations, and any such Indebtedness collected or received by the Obligee Guarantor after an Event of Default has occurred and is continuing shall be held in trust for Administrative Agent on behalf of Beneficiaries and shall forthwith be paid over to Administrative Agent for the benefit of Beneficiaries to be credited and applied against the Guaranteed Obligations but without affecting, impairing or limiting in any manner the liability of the Obligee Guarantor under any other provision hereof.

  • Obligations Supplemental The obligations of the Receiver, and the Corporation as guarantor in accordance with Section 12.7, to provide indemnification under this Article XII are to supplement any amount payable by any Primary Indemnitor to the Person indemnified under this Article XII. Consistent with that intent, the Receiver agrees only to make payments pursuant to such indemnification to the extent not payable by a Primary Indemnitor. If the aggregate amount of payments by the Receiver, or the Corporation as guarantor in accordance with Section 12.7, and all Primary Indemnitors with respect to any item of indemnification under this Article XII exceeds the amount payable with respect to such item, such Person being indemnified shall notify the Receiver thereof and, upon the request of the Receiver, shall promptly pay to the Receiver, or the Corporation as appropriate, the amount of the Receiver's (or Corporation's) payments to the extent of such excess.

  • Seller Obligations Seller shall (A) arrange and pay independently for any and all necessary costs under any Generator Interconnection Agreement with the Participating Transmission Owner; (B) cause the Interconnection Customer’s Interconnection Facilities, including metering facilities, to be maintained; and (C) comply with the procedures set forth in the GIP and applicable agreements or procedures provided under the GIP in order to obtain the applicable Electric System Upgrades and (D) obtain Electric System Upgrades, as needed, in order to ensure the safe and reliable delivery of Energy from the Project up to and including quantities that can be produced utilizing all of the Contract Capacity of the Project.

  • Purchaser Obligations Section 7.1Pursuit of State Regulatory Approval . Purchaser shall use Commercially Reasonable Efforts to make an initial filing for State Regulatory Approval no later than twenty (20) Business Days after the Signing Date (the “State Regulatory Target Filing Date”). Seller shall act diligently and cooperate with Purchaser’s efforts to seek State Regulatory Approval and promptly provide any information, including the filing of testimony, reasonably requested by Purchaser or required for State Regulatory Approval and/or any regulatory proceedings or litigation that may arise relating to the State Regulatory Approval. As part of such cooperation, Seller shall file on or prior to the State Regulatory Target Filing Date an application for declination of jurisdiction with the State Regulatory Agency in connection with the Transactions. Nothing in this Agreement shall require Purchaser to accept any condition to, limitation on, or other requirement concerning the State Regulatory Approval that, in Purchaser’s sole discretion, is unacceptable to Purchaser. Nothing in this Agreement shall require Seller to accept any condition to, limitation on, or other requirement concerning the declination of jurisdiction from the State Regulatory Authority that, in Seller’s sole discretion, is unacceptable to Seller.

  • Excluded Swap Obligations (a) Notwithstanding any provision of this Agreement or any other Loan Document, no Guarantee by any Loan Party under any Loan Document shall include a Guarantee of any Excluded Swap Obligation and no Collateral provided by any Loan Party shall secure any Excluded Swap Obligation. In the event that any payment is made by, or any collection is realized from, any Loan Party for which there are Excluded Swap Obligations, or from any Collateral provided by such Loan Party, the proceeds thereof shall be applied to pay the Obligations of such Loan Party on a ratable basis determined without giving effect to such Excluded Swap Obligations and each reference in this Agreement or any other Loan Document to the ratable application of such amounts as among the Obligations or any specified portion of the Obligations that would otherwise include such Excluded Swap Obligations shall be deemed so to provide.

  • Existing Obligations Termination of this Agreement shall not affect any obligations of the Parties under this Agreement prior to the date of termination including, but not limited to, completion of all medical records and cooperation with BCBSM with respect to any actions arising out of this Agreement filed against BCBSM after the effective date of termination. This Agreement shall remain in effect for the resolution of all matters pending on the date of termination. BCBSM's obligation to reimburse Provider for any Covered Services will be limited to those provided through the date of termination.

  • Closing Obligations At the Closing:

  • Guaranty of the Obligations Subject to the provisions of Section 7.2, Guarantors jointly and severally hereby irrevocably and unconditionally guaranty to Administrative Agent for the ratable benefit of the Beneficiaries the due and punctual payment in full of all Obligations when the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due but for the operation of the automatic stay under Section 362(a) of the Bankruptcy Code, 11 U.S.C. § 362(a)) (collectively, the “Guaranteed Obligations”).

  • Payment of Other Obligations Obligations other than Loans, including LC Obligations and Extraordinary Expenses, shall be paid by Borrowers as provided in the Loan Documents or, if no payment date is specified, on demand.

Time is Money Join Law Insider Premium to draft better contracts faster.