Schedule and Performance Sample Clauses

Schedule and Performance. Seller shall deliver the Drawings and Equipment and complete the Work on or before the mutually agreed upon delivery and completion dates set forth in Attachment 2 (“Technical Requirements”) and Attachment 6 (“Scheduled Completion Dates”) (each, a “Scheduled Completion Date”). Based on the Scheduled Completion Dates, Seller will develop a detailed procurement and construction schedule for the Work sufficient to: (a) achieve the key dates set forth in Attachments 2 and 6, (b) support integration with the EPC Contractor’s Project Schedule existing as of the Effective Date (“EPC Schedule”), and (c) develop a monthly cash flow forecast for the Work based on the Schedule of Values. Such detailed schedule shall be provided to Purchaser within three (3) weeks of the Effective Date. The Work is part of a larger Project and Seller acknowledges that timely delivery of its Drawings to other contractors of Purchaser is as critical as delivery of the Equipment itself. Seller shall use as much manpower and work as many hours as necessary to meet the Project Schedule; provided that Seller shall not be obligated to increase the size of its work force by more than * percent (*%) nor add another shift nor work more than * days a week in order to satisfy such obligation to meet the Project Schedule. If Seller satisfies its obligation set forth in the preceding sentence but nevertheless fails to meet the Project Schedule, Seller’s aggregate liability hereunder for such delay shall be the Liquidated Damages, as hereinafter defined. If Purchaser determines that Seller is not on a pace in the Work to meet the Project Schedule, Purchaser may, but shall not be obligated, to direct Seller to reasonably increase the size of its work force by more than * percent (*%), pursuant to the Change Order process in the immediately following paragraph. If Seller is unable to overcome such delay and meet the Project Schedule, whether or not Purchaser directs Seller to increase the size of its work force pursuant to a Change Order, the Parties understand acknowledge and agree that Purchaser’s remedy is limited to the Liquidated Damages described below. Except as specifically permitted under this Contract, and provided Purchaser pays all disputed amounts as and to the extent required under applicable provisions of Article 4 in each Multi-Hearth Furnace Contract, Seller will not halt, suspend nor stop its Work unless so directed by Purchaser, notwithstanding the existence of any disputed claims, ...
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Schedule and Performance. Patheon will schedule the performance of each of the SOWs (including all Services under the SOW and delivery of all Deliverables) as specified in the SOW applicable to the SOW and will coordinate with Metabolex as appropriate to ensure the timely commencement and performance of all such Services. Patheon shall perform all the Services and other work under a SOW in accordance with the terms of the applicable SOW, Applicable Law, and the terms and conditions of this Agreement. Patheon shall perform all the Services and other work under this Agreement using good faith, reasonable care and in accordance with industry practice. Patheon shall provide the facilities and supplies (other than Metabolex Materials, and subject to the fees set forth in Article 3) and staff necessary to complete all the Services in accordance with the terms of this Agreement and the applicable SOW. All such staff shall have all training, education and experience needed to perform the applicable Services in a competent and efficient manner. Notwithstanding anything in this Article, the Parties acknowledge and agree that the SOWs may need to be adjusted and adapted depending on the progress and interim results of the activities performed by Patheon under this Agreement. The Parties further acknowledge that Patheon shall be compensated based on the works done under this Agreement, rather than based on achievement of specific results.
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Schedule and Performance. Order Definition Meeting. Seller will schedule an Order Definition Meeting within fifteen (15) days of execution of this Contract. Seller will advise Purchaser of the final Drawing delivery schedule at the conclusion of the Order Definition Meeting.
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Schedule and Performance. SIEGFRIED will schedule the performance of each of the Projects (including all Services under the Project and delivery of all Deliverables) as specified in the Plan applicable to the Project and will coordinate with METABOLEX as appropriate to ensure the timely commencement and performance of all such Services. SIEGFRIED shall perform all the Services and other work under a Project in accordance with the terms of the applicable Plan, Applicable Law, and the terms and conditions of this Agreement. SIEGFRIED shall perform all the Services and other work under this Agreement using good faith, reasonable care and in accordance with industry practice. SIEGFRIED shall [*] provide the facilities, all supplies and Raw Materials (other than any specific materials to be provided by or on behalf of METABOLEX under the terms of a particular Plan) and staff necessary to complete all the Services and work in accordance with the terms of this Agreement and the applicable Plan. All such staff shall have all training, education and experience needed to perform the applicable Services in a competent and efficient manner. Notwithstanding anything in this Article, the Parties acknowledge and agree that the Projects and the Plans may need to be adjusted and adapted depending on the progress and interim results of the activities performed by SIEGFRIED under this Agreement. The Parties further acknowledge that SIEGFRIED shall be compensated based on the works done under this Agreement, rather than based on achievement of specific results.
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Schedule and Performance. Seller shall deliver the Drawings and Equipment and complete the Work on or before the mutually agreed upon delivery and completion dates set forth in Attachment 2 (“Technical Requirements”) and Attachment 6 (“Scheduled Completion Dates”) (each, a “Scheduled Completion Date”). Based on the Scheduled Completion Dates, Seller will develop a detailed procurement and construction schedule for the Work sufficient to: (a) achieve the key dates set forth in Attachments 2 and 6, (b) support integration with the EPC Contractor’s Project Schedule existing as of the Effective Date (“EPC Schedule”), and
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Related to Schedule and Performance

  • Payment and Performance The Borrower will pay all amounts due under the Loan Documents in accordance with the terms thereof and will observe, perform and comply with every covenant, term and condition expressed or implied in the Loan Documents. The Borrower will cause each other Loan Party to observe, perform and comply with every such term, covenant and condition in any Loan Document.

  • Capacity and Performance (a) During the term hereof, the Executive shall serve the Company as its Vice President and Chief Operating Officer. In addition, and without further compensation, the Executive shall serve as a director of the Company, if so elected by the stockholders of the Company, and shall serve as a director of one or more of the Company’s Affiliates if so elected from time to time.

  • Guaranty of Payment and Performance Guarantor’s obligations under this Guaranty constitute an unconditional guaranty of payment and performance and not merely a guaranty of collection.

  • Duties and Performance From time to time during the term of this Agreement, Consultant shall provide such advisory services relating to the Company's financial status and capital structure (the "SERVICES") to Company as Consultant and Company shall agree. In connection with the Services, Consultant may develop and communicate to Company certain business opportunities with entities known to Consultant; the Services may include various types of arrangements, including direct investment into Company.

  • PAYMENT AND PERFORMANCE OF LIABILITIES The Borrowers shall pay each payment Liability when due (or when demanded, if payable on demand) and shall promptly, punctually, and faithfully perform each other Liability.

  • Payment and Performance of Obligations Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other indebtedness, obligations and liabilities in accordance with customary trade practices; except to the extent that IPT or the Borrower is contesting any item described in clauses (a) or (b) of this Section 7.5 in good faith and is maintaining adequate reserves with respect thereto in accordance with GAAP.

  • Continuity of Service and Performance Unless otherwise agreed in writing, the Parties shall continue to provide service and honor all other commitments under this Agreement during the course of a Dispute with respect to all matters not subject to such Dispute.

  • Execution, Delivery and Performance The execution, delivery and performance of this Agreement and the documents or instruments required under this Agreement will not violate any provision of any existing law or regulation binding on the Manager, or any order, judgment, award or decree of any court, arbitrator or governmental authority binding on the Manager, or the governing instruments of, or any securities issued by, the Manager or of any mortgage, indenture, lease, contract or other agreement, instrument or undertaking to which the Manager is a party or by which the Manager or any of its assets may be bound, the violation of which would have a material adverse effect on the business operations, assets or financial condition of the Manager and its subsidiaries, taken as a whole, and will not result in, or require, the creation or imposition of any lien on any of its property, assets or revenues pursuant to the provisions of any such mortgage indenture, lease, contract or other agreement, instrument or undertaking.

  • Due Execution, Delivery and Performance (a) This Agreement has been duly executed and delivered by the Purchaser and constitutes a valid and binding obligation of the Purchaser, enforceable against the Purchaser in accordance with its terms.

  • Excused Performance If either Party is rendered wholly or partially unable to perform its obligations (other than payment obligations) under this Agreement due to the occurrence of a Force Majeure Event, such Party will be excused from the affected performance obligation (other than payment obligations), provided that:

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