Performance by Developer Sample Clauses

Performance by Developer. When the FACILITIES have received Final Project Approval, as defined in the terms of the LEA, and the FACILITIES are found to be acceptable by SBWRD after a minimum period of one year after Final Project Approval, and fulfillment of all of DEVELOPER's obligations, and after acceptance of any warranty work, pursuant to the terms and conditions of the LEA, SBWRD agrees to release, or if held by the Depository, authorize and direct the release of, the remaining collateral funds or other percentage being held. In the event the FACILITIES have been partially completed and DEVELOPER fails to fulfill the obligations pursuant to the LEA, SBWRD shall have the following options that may be selected in its sole discretion: (1) Demand and collect the proceeds of the collateral funds secured by this Agreement, which funds shall be used for the completion of the construction, or (2) Give DEVELOPER an extension of time in which to complete the construction.
Sample 1
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Performance by Developer. Developer shall have materially performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed or complied with by Developer on or before the Closing Date.
Sample 1
Performance by Developer. Closing shall be held as provided in Article VII herein upon the completion by Developer of certain conditions to the satisfaction of the CITY.
Sample 1
Performance by Developer. Developer will perform all acts to be performed by it hereunder and will refrain from taking or omitting to take any action that would materially violate Developer's representations and warranties hereunder or render the same materially inaccurate as of the Effective Date and subsequent Requisition dates or that in any material way would prevent the consummation of the transactions contemplated hereby in accordance with the terms and conditions hereof.
Sample 1
Performance by Developer. The Department is under no obligation to furnish utility service to the Development until the Developer has fully and satisfactorily performed this Agreement.
Sample 1
Performance by Developer 
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Related to Performance by Developer

  • Performance by Affiliates Each Party may discharge any obligations and exercise any right hereunder through any of its Affiliates. Each Party hereby guarantees the performance by its Affiliates of such Party’s obligations under this Agreement, and shall cause its Affiliates to comply with the provisions of this Agreement in connection with such performance. Any breach by a Party’s Affiliate of any of such Party’s obligations under this Agreement shall be deemed a breach by such Party, and the other Party may proceed directly against such Party without any obligation to first proceed against such Party’s Affiliate.

  • Performance of Services The Contractor is responsible for fully meeting all obligations set forth in the Contract and for providing Product in accordance with the Contract or any Authorized User Agreement.

  • Performance Delay Time is of the essence in the Vendor’s performance of this Agreement. If at any time it appears to Vendor that it may not meet any of the performance schedules or the scheduled completion date of the services to be performed for any reason, including labor disputes, Vendor shall immediately by verbal means (to be confirmed in writing) notify Customer of the reasons for and the estimated duration of such delay. If requested by Customer, Vendor shall make every effort to avoid or minimize the delay to the maximum extent possible including the expenditure of premium time. Any additional cost caused by these requirements of Customer shall be borne by Vendor, unless the delay in performance arises out of causes beyond the control and without the fault or negligence of Vendor or its subcontractors within the meaning of the Cancellation- Default clause herein. The foregoing requirements are in addition to any of Customer’s other rights and remedies as may be provided by law or this Agreement.

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