Specified Performance Breach Sample Clauses

Specified Performance Breach. In recognition of the (1) loss of Customer opportunities, revenues and goodwill which Consolidated might sustain in the event of a Specified Performance Breach; (2) the uncertainty, in the event of such a Specified Performance Breach, of Consolidated having available to it customer opportunities similar to those opportunities currently available to Consolidated; and (3) the difficulty of accurately ascertaining the amount of damages Consolidated would sustain in the event of such a Specified Performance Breach, Ameritech agrees to pay Consolidated, subject to Section 26.4, damages as set forth in Section 26.3 in the event of the occurrence of a Specified Performance Breach.
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Specified Performance Breach. If BA’s provision of an unbundled Network Element identified in Section 27.1 above exceeds the installation interval set forth in that Section, BA shall issue credits to Covad, in accordance with and subject to the terms and conditions set forth in this Section 27.
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Specified Performance Breach. In recognition of the (1) loss of Customer opportunities, revenues and goodwill which Carrier might sustain in the event of a Specified Performance Breach; (2) the uncertainty, in the event of such a Specified Performance Breach, of Carrier having available to it customer opportunities similar to those opportunities currently available to Carrier; and (3) the difficulty of accurately ascertaining the amount of damages Carrier would sustain in the event of such a Specified Performance Breach, BellSouth agrees to pay Carrier, subject to Section B.3 below, damages as set forth in Section B.2 below in the event of the occurrence of a Specified Performance Breach.
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Specified Performance Breach. In recognition of the: (1) loss of end user opportunities, revenues and goodwill which DTI might sustain in the event of a Specified Performance Breach; (2) the uncertainty, in the event of such a Specified Performance Breach, of DTI having available to it customer opportunities similar to those opportunities currently available to DTI; and (3) the difficulty of accurately ascertaining the amount of damages DTI would sustain in the event of such a Specified Performance Breach, SWBT agrees to pay DTI, subject to Section 29.4 below, damages as set forth in Section 29.3 below in the event of the occurrence of a Specified Performance Breach.
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Specified Performance Breach. In recognition of the (i) loss of customer opportunities, revenues and goodwill which ANTC might sustain in the event of a Specified Performance Breach; (ii) the uncertainty, in the event of such a Specified Performance Breach, of ANTC having available to it customer opportunities similar to those opportunities currently available to ANTC; and (iii) the difficulty of accurately ascertaining the amount of damages ANTC would sustain in the event of such a Specified Performance Breach, NYNEX agrees to pay ANTC, subject to Section 33.6.4 below, Liquidated Damages as set forth in Section 33.7 below in the event of the occurrence of a Specified Performance Breach.
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Specified Performance Breach. In recognition of the (1) loss of Customer opportunities, revenues and goodwill which FOCAL might sustain in the event of a Specified Performance Breach; (2) the uncertainty, in the event of such a Specified Performance Breach, of FOCAL having available to it customer opportunities similar to those opportunities currently available to FOCAL; and (3) the difficulty of accurately ascertaining the amount of damages FOCAL would sustain in the event of such a Specified Performance Breach, BA agrees to pay FOCAL, subject to Section 27.4 below, damages as set forth in Section 27.3 below in the event of the occurrence-of a Specified Performance Breach. Such payments would only apply after a minimum of 250 links were installed for FOCAL in New York.
Sample 1
Specified Performance Breach. If XXXX ATLANTIC's provision of an unbundled Network Element identified in Section 11.1 above, exceeds the installation interval set forth in that Section, XXXX ATLANTIC shall issue credits to COVAD, in accordance with and subject to the terms and conditions set forth in this Section 11.
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Related to Specified Performance Breach

  • Excused Performance 6.1 Notwithstanding the occurrence of a Force Majeure Event, in which case Clause 17 will govern, BT will not be liable for any failure or delay to perform any of its obligations under this Agreement (including any of its obligations to meet any Service Levels) to the extent that BT’s failure or delay in performing arises as a result of:

  • Continued Performance The Contractor and Contractor Parties shall continue to Perform their obligations under the Contract while any dispute concerning the Contract is being resolved.

  • Events Excusing Performance Neither party shall be liable to the other party for failure to perform any of the services required herein in the event of strikes, lock-outs, calamities, acts of God, unavailability of supplies or other events over which that party has no control for so long as such events continue, and for a reasonable period of time thereafter.

  • Timely Performance (a) SELLER's timely performance is a critical element of this Contract.

  • Not Impair Performance Buyer shall not take any intentional action that would cause the conditions upon the obligations of the parties hereto to effect the transactions contemplated hereby not to be fulfilled, including, without limitation, taking or causing to be taken any action that would cause the representations and warranties made by any party herein not to be true, correct and accurate as of the Closing, or in any way impairing the ability of Seller to satisfy its obligations as provided in Article VII.

  • Performance Obligations The Purchaser shall have performed in all respects all obligations required to be performed by it under this Agreement at or prior to the Closing.

  • Seller’s Performance (a) All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects.

  • Assist Performance Buyer shall exercise its reasonable best efforts to cause to be fulfilled those conditions precedent to Seller’s obligations to consummate the transactions contemplated hereby which are dependent upon actions of Buyer and to make and/or obtain any necessary filings and consents in order to consummate the sale transaction contemplated by this Agreement.

  • 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.

  • Performance; No Default The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14) no Default or Event of Default shall have occurred and be continuing.

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