Performance Generally Sample Clauses

Performance Generally. Supplier is responsible for managing and successfully performing, completing, and delivering the Services, subject to the overall direction of Health Net and with the cooperation and support of Health Net as specified in this Agreement.
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Performance Generally. Fortinet’s failure to perform its contractual responsibilities, to perform the services, or to meet agreed service levels shall be excused if and to the extent Fortinet’s non-performance is caused by Company’s omission to act, delay, wrongful action, failure to provide Inputs, or failure to perform its obligations under these terms and conditions
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Performance Generally. IBM is responsible for managing and performing, completing, and delivering the Services, subject to the overall direction of Solectron and with the cooperation and support of Solectron as specified in the Agreement.
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Performance Generally. The Criminal Services, defined in this Agreement as and including all services and work reflected in the Scope of Work and attached hereto as Attachment A, does not infringe upon or violate any right to intellectual property and will be performed (i) in a good and workmanlike, timely, and professional manner in accordance with generally accepted professional industry standards and practices, and (ii) only by personnel having sufficient skill, knowledge and training to provide and perform the Criminal Services in accordance with this Agreement and SOW.
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Performance Generally. (a) Supplier is responsible for managing and successfully performing, completing, and delivering the Services, subject to any overall direction provided by Triple-S and with the cooperation and support of Triple-S, Service Recipients and Managed Third Parties as specified in this Agreement.
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Performance Generally. Each party agrees to perform all of the obligations that it may assume pursuant to this Agreement or any SOW, subject to and in accordance with the terms of this Agreement and any applicable SOW. Without limiting the foregoing, Customer acknowledges and agrees that ELEKTA's obligations and commitments, and in particular any timetables or prices, are subject to Customer's performance of its obligations and the performance by third parties of their respective obligations, as well as the realization of any assumptions which are stated in the applicable SOW or in another document executed by ELEKTA and Xxxxxxxx. If Customer or any third party fails to perform its obligations or if those assumptions are not realized, ELEKTA's obligations and commitments, and in particular any timetables or prices, shall be subject to equitable adjustment. Furthermore, if ELEKTA's cost or work effort is reasonably expected to be increased (whether as a result of lost time or otherwise) because of such a failure or non-realization, ELEKTA may give Customer a notice identifying the problem and specifying the applicable equitable adjustments. An authorized representative of each party shall promptly sign each such notice to acknowledge the problem and to indicate that party's agreement to the adjustments.
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Performance Generally. Subvendor represents and warrants that each of its consultants who is to perform services under this Agreement possesses the training, skills and expertise necessary to perform those services in a competent and professional manner. Subvendor represents and warrants to Axius that the services to be provided under this Agreement shall be performed in a professional manner and shall comply with all applicable terms, conditions, covenants, representatives and warranties made by Axius to the Client of which Subvendor is given notice.
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Performance Generally. LIS and GENERAL AMERICAN agree to render and discharge all of the duties, obligations and performance that it may assume or undertake pursuant to an Engagement Schedule from time to time, subject to, and in accordance with the terms and conditions of this Agreement. It is understood and agreed, however, that LIS' obligations are subject to and conditioned upon the full realization of any assumptions set forth in the Engagement Schedule. Any performance schedule applicable to the particular Services to be provided by LIS shall be attached to the relevant Engagement Schedule.
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Performance Generally 
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Related to Performance Generally

  • Compliance Generally The Corporation and each of the Material Subsidiaries has conducted and is conducting its business in compliance in all material respects with all applicable laws, rules and regulations of each jurisdiction in which its business is carried on and assets are owned, leased or operated;

  • Notice Generally Any notice, demand, request, consent, approval, declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Warrant shall be sufficiently given or made if in writing and either delivered in person with receipt acknowledged or sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows:

  • Vesting Generally LTIP Units may, in the sole discretion of the General Partner, be issued subject to vesting, forfeiture and additional restrictions on Transfer pursuant to the terms of an award, vesting or other similar agreement (a “Vesting Agreement”). The terms of any Vesting Agreement may be modified by the General Partner from time to time in its sole discretion, subject to any restrictions on amendment imposed by the relevant Vesting Agreement or by the Plan, if applicable. LTIP Units that were fully vested when issued or that have vested and are no longer subject to forfeiture under the terms of a Vesting Agreement are referred to as “Vested LTIP Units”; all other LTIP Units shall be treated as “Unvested LTIP Units.”

  • Disclosure Generally Notwithstanding anything to the contrary contained in the Disclosure Schedules or in this Agreement, the information and disclosures contained in any Disclosure Schedule shall be deemed to be disclosed and incorporated by reference in any other Disclosure Schedule as though fully set forth in such Disclosure Schedule for which applicability of such information and disclosure is reasonably apparent on its face. The fact that any item of information is disclosed in any Disclosure Schedule shall not be construed to mean that such information is required to be disclosed by this Agreement. Such information and the dollar thresholds set forth herein shall not be used as a basis for interpreting the terms “material” or “Material Adverse Effect” or other similar terms in this Agreement.

  • Insurance Generally All insurance maintained by You pursuant to the foregoing provisions shall contain a waiver of subrogation rights in respect of any liability imposed by this Agreement on You as against Us. You shall hold Us harmless from, and shall bear the expense of, any applicable deductible amounts and self insured retentions provided for by any of the insurance policies required to be maintained under this Agreement. In the event of loss, You shall promptly pay amount of the deductible amount or self-insured retention or the applicable portion thereof to Us or the insurance carrier, as applicable. Notwithstanding anything to the contrary contained in this Agreement, the fact that a loss may not be covered by insurance provided by You under this Agreement or, if covered, is subject to deductibles, retentions, conditions or limitations shall not affect Your liability for any loss. Should You fail to procure or pay the cost of maintaining in force the insurance specified herein, or to provide Us upon request with satisfactory evidence of the insurance, We may, but shall not be obliged to, procure the insurance and You shall reimburse Us on demand for its costs. Lapse or cancellation of the required insurance shall be deemed to be an immediate and automatic default of this agreement. The grant by You of a sublease of the Equipment rented/leased shall not affect Your obligation to procure insurance on Our behalf, or otherwise affect Your obligations under this Agreement.

  • Management Generally (a) The management and control of the Partnership shall be vested in the General Partner; however, the Limited Partners shall have certain rights with respect to certain matters of the Partnership as described in this Agreement. The Limited Partners shall have no authority or right to act on behalf of the Partnership in connection with any matter and shall not engage in any way in the day-to-day business of the Partnership.

  • LEAVE GENERAL 14.01 When the employment of an employee who has been granted more vacation or sick leave with pay than he/she has earned is terminated by death or lay-off, the employee is considered to have earned that amount of leave with pay.

  • Termination Generally If the Executive’s employment with the Company is terminated for any reason, the Company shall pay or provide to the Executive (or to his authorized representative or estate) (i) any Base Salary earned through the Date of Termination, unpaid expense reimbursements (subject to, and in accordance with, Section 2(c) of this Agreement) and unused vacation that accrued through the Date of Termination on or before the time required by law but in no event more than 30 days after the Executive’s Date of Termination; and (ii) any vested benefits the Executive may have under any employee benefit plan of the Company through the Date of Termination, which vested benefits shall be paid and/or provided in accordance with the terms of such employee benefit plans (collectively, the “Accrued Benefit”).

  • Title Generally Each of the Borrower and its Subsidiaries has good title to, or valid leasehold interests in, all its real and personal property material to its business, except for minor defects in title that do not interfere with its ability to conduct its business as currently conducted or to utilize such properties for their intended purposes.

  • Form Generally The Securities shall be in substantially the form set forth in this Article, with such appropriate insertions, omissions, substitutions and other variations as are required or permitted by this Indenture, and may have such letters, numbers or other marks of identification and such legends or endorsements placed thereon as may be required to comply with the rules of any securities exchange, the Internal Revenue Code of 1986, as amended, and regulations thereunder (the "Code"), or as may, consistent herewith, be determined by the officers executing such Securities, as evidenced by their execution thereof. All Securities shall be in fully registered form. The Trustee's certificates of authentication shall be in substantially the form set forth in Section 2.3. Conversion notices shall be in substantially the form set forth in Section 2.4. Repurchase notices shall be substantially in the form set forth in Section 2.2. The Securities shall be printed, lithographed, typewritten or engraved or produced by any combination of these methods or may be produced in any other manner permitted by the rules of any automated quotation system or securities exchange (including on steel engraved borders if so required by any securities exchange upon which the Securities may be listed) on which the Securities may be quoted or listed, as the case may be, all as determined by the officers executing such Securities, as evidenced by their execution thereof. Upon their original issuance, Securities issued as contemplated by the Purchase Agreement to Qualified Institutional Buyers in reliance on Rule 144A shall be issued in the form of one or more Global Securities in definitive, fully registered form without interest coupons and bearing the Restricted Securities Legend. Such Global Security shall be registered in the name of DTC, as Depositary, or its nominee and deposited with the Trustee, as custodian for DTC, for credit by DTC to the respective accounts of beneficial owners of the Securities represented thereby (or such other accounts as they may direct). Such Global Security, together with its Successor Securities which are Global Securities, are collectively herein called the "Restricted Global Security".

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