Performance Support Clause Samples
The Performance Support clause outlines the obligations of one party to provide assistance, resources, or services necessary to help the other party meet its contractual performance requirements. This may include supplying technical guidance, training, access to tools, or additional personnel to address challenges that arise during the execution of the contract. By clearly defining the type and extent of support to be provided, this clause ensures that both parties understand their roles in facilitating successful performance and helps prevent disputes related to unmet expectations or insufficient resources.
Performance Support. PEPCO will provide to PHLVIC the performance support services outlined on Schedule 1.09 attached hereto. The timeliness and level of such services will be as indicated on such schedule or, if not so indicated, shall be provided at the same level and timeliness as currently provided.
Performance Support. PEPCO will provide to Phoenix the performance support services outlined on Schedule 1.09 attached hereto. The timeliness and level of such services will be as indicated on such schedule or, if not so indicated, shall be provided at the same level and timeliness as currently provided.
Performance Support. (a) Subject to this Section 3.07(a), MEI hereby agrees that it will instruct each of the Borrower, MPROD, each Production Company (as defined in the Master Agreement) and Marvel Studios (each, a “Section 3.07 Party”) to perform each of their respective Covered Obligations as set forth in the Transaction Documents to which each such Section 3.07 Party is a party in accordance with the terms set forth in such Transaction Document. Notwithstanding the preceding sentence, (i) MEI shall have no obligation to give any such instruction if MEI would be required to incur any out of pocket cost or expense, or offer credit support, or make any capital contribution to any Section 3.07 Party in order to make such instruction and (ii) if the applicable Covered Obligation involves the judgment or discretion of a Section 3.07 Party, MEI’s obligations to instruct such Section 3.07 Party to act shall be deemed satisfied if such Section 3.07 Party has elected, in good faith, a course of action that is permitted by the applicable Operative Document. Without limiting the generality of the foregoing, (x) MEI shall not be liable for Excluded Damages and (y) MEI shall not be liable for any damages (including, without limitation, Excluded Damages) under this Section 3.07(a) in connection with the Specified Covered Obligations if MEI’s actions pursuant to this Section 3.07(a) were taken in good faith.
(b) Subject to this Section 3.07(b), MEI hereby agrees that it will cause each Section 3.07 Party to perform its respective Covered Obligations as set forth in the Transaction Documents to which such Section 3.07 Party is a party in accordance with the terms set forth in such Transaction Document. MEI’s performance of the Covered Obligations on behalf of each Section 3.07 Party (or its causing such Section 3.07 Party to so perform) shall be carried out with reasonable care and in a manner so as not to be negligent. Notwithstanding the preceding two sentences, MEI shall have no obligation to cause such Section 3.07 Party to perform any Covered Obligation if (i) such Covered Obligation is unenforceable or stayed under applicable Law or if MEI is otherwise prevented from fulfilling such Covered Obligation by applicable Law, (ii) MEI would be required to incur any out of pocket cost or expense, or offer credit support, or make any capital contribution to any Section 3.07 Party in order to cause such Covered Obligation to be performed or (iii) the applicable Covered Obligation involves the...
Performance Support.
(a) Commencing on the Commencement Date and throughout the term of this Agreement, Holdings shall provide DOE Performance Support, and maintain in full force and effect such Performance Support, in an amount equal to the then Applicable Amount. DOE shall be entitled to make a drawing or demand payment under any such Performance Support in respect of any of the following: (i) to pay any Project Costs (including any costs or expenses associated with any Wind-Up Event) or other payment obligations in respect of the Project to the extent any Clean Line Party has failed to do so,
Performance Support. PEPCO will provide to PLAC the performance support services outlined on Schedule 1.09 attached hereto. The timeliness and level of such services will be as indicated on such schedule or, if not so indicated, shall be provided at the same level and timeliness as currently provided.
Performance Support