Performance by Third Parties. The Issuer agrees that, with the written consent of the Borrower, third parties may perform any and all acts or take such action as may be necessary for and on behalf of the Borrower to prevent or correct any Event of Default hereunder, and the Issuer agrees that the Trustee shall take or accept such performance as performance by the Borrower in such event. The acceptance by the Issuer or the Trustee of any such performance by third parties shall not in any way diminish or absolve the Borrower of primary liability hereunder.
Performance by Third Parties. CarMax understands that during the term of this Agreement, Circuit City Stores may decide to have all or a portion of any particular Service performed in whole or in part, by a third-party provider. In such event, Circuit City Stores may assign all or a portion of its obligations hereunder relating to such Service to such third-party provider; provided however, that no such assignment (i) shall diminish in any material respect the nature, scope or timeliness of the Transition Services to be provided by Circuit City Stores or (ii) increase the amounts payable by CarMax for Transition Services under 3.2. CarMax agrees to provide such third-party provider CarMax’s specified service level requirements for the remainder of the term of this Agreement, such service level to reflect the service level then provided by Circuit City Stores for the remainder of the term of this Agreement.
Performance by Third Parties. Hanover's obligation to consummate the Settlement is specifically conditioned on (1) Hanover's directors and officers insurance carriers providing the funding that each have agreed to perform through separate agreements with Hanover; and (2) GKH's performance under this Memorandum and under a separate agreement between GKH and Hanover; provided, however, that at Hanover's sole election it may waive the performance of any or all of the above parties and consummate the Settlement on the terms set forth in this Memorandum. GKH's obligation to consummate the Settlement is conditioned on Hanover's performance under the Settlement, whose terms are to be consistent with this Memorandum, including, if applicable, Hanover's performance in lieu of directors and officers insurance carrier.
Performance by Third Parties. The Parties recognize that Solvay may perform some or all of its manufacture and storage obligations under this Agreement through a third party, with the prior written consent of COR, such consent not to be unreasonably withheld. [*] Solvay shall remain responsible and be guarantor of the performance by third parties performing its obligations hereunder and shall cause such third parties to comply with the provisions of this Agreement in connection with such performance.
Performance by Third Parties. The Issuer may permit third parties to perform any and all acts or take such action as may be necessary for and on behalf of the Borrower to cure any Event of Default hereunder. The acceptance by the Issuer or the Trustee of any such performance by third parties shall not in any way diminish or absolve the Borrower of primary liability hereunder.
Performance by Third Parties. Veritas has the right to subcontract its performance under this Certificate to third parties, provided that Veritas remains responsible for the contractual obligations according to this Certificate.
Performance by Third Parties. Veritas has the right to subcontract the performance of BCS to third parties, provided Veritas remains responsible for the contractual obligations of the Agreement.
Performance by Third Parties. 24.1 Except as permitted by Section 3.8 above, the Registrar will not be entitled to assign their rights or obligations, or to perform any one or more of its obligations or the Services pursuant to this Agreement by appointing a third party to do so on its behalf and in its name, without the prior consent in writing of BOCRA, which such consent may not be unreasonably withheld, conditioned, or delayed.
Performance by Third Parties. No Party hereunder shall subcontract or permit third parties to perform the services to be rendered under this Agreement without the prior written consent of the other Party.
Performance by Third Parties. 5.1 The Contractor is entitled, insofar as this is required for a proper performance of the Agreement, to have the Order partly carried out by third parties without notification to, and express permission of, the Client. The Contractor is not liable for the shortcomings of these third parties, except for an intentional act by or gross negligence of the Contractor.
