Performance Representations Clause Samples
The Performance Representations clause requires one party to affirm that they are capable of fulfilling their contractual obligations as specified in the agreement. Typically, this involves assurances regarding the party’s skills, resources, or qualifications necessary to perform the work or deliver the goods or services. By including this clause, the contract helps ensure that the party making the representation is held accountable for their ability to perform, thereby reducing the risk of non-performance and providing reassurance to the other party.
Performance Representations. (a) PSP represents that all services provided by PSP under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. PSP represents that any work which is specified to be delivered under this Agreement and which are to be paid for by TFC (collectively, the “Deliverables”) under this Agreement shall be:
(i) completed in a manner consistent with standards in the applicable trade, profession, or industry; and
Performance Representations. A/E represents that all services provided by A/E under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. A/E represents that any plans, drawings, photos, designs, studies, specifications, computer programs, technical reports, and other work which is specified to be delivered under this Agreement and which are to be paid for by TFC (collectively, the “Deliverables”) under this Agreement shall be: (i) completed in a manner consistent with standards in the applicable trade, profession, or industry; (ii) conform to or exceed the specifications set forth in this Agreement; and,
Performance Representations. The Subcontractor, by execution of this Subcontract represents that it has the ability, authority, skill, expertise and capacity to perform the services specified hereunder in connection with this Program.
Performance Representations. PSP represents that all services provided by PSP under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. PSP represents that any plans, drawings, photos, designs, studies, specifications, computer programs, technical reports, and other work which is specified to be delivered under this Agreement and which are to be paid for by TFC (collectively, the “Deliverables”) under this Agreement shall be: (i) completed in a manner consistent with standards in the applicable trade, profession, or industry; (ii) conform to or exceed the specifications set forth in this Agreement; and, (iii) be fit for ordinary use, of good quality, and with no material defects. If PSP fails to provide or satisfactorily perform any of the conditions, work, or Deliverables called for by this Agreement within the time requirements specified, then TFC may require PSP to:
5.1.1. repair or replace, at PSP’s expense, any or all defective or damaged Deliverables;
5.1.2. refund any payment received for any defective or damaged Deliverables and, in conjunction therewith, require PSP to accept the return of any defective or damaged Deliverables at PSP’s sole expense; and/or
5.1.3. take necessary action to provide that future performance conforms to the Agreement requirements at PSP’s sole expense.