Substitute Performance. A TopCo may perform some or all of its obligations hereunder by providing for substitute performance thereof by another Person (including a Borrower or a Transferor, a “Performing Person” for the purposes of this Section 9.11), provided that a TopCo’s obligations hereunder shall be absolute and unconditional and shall not be released, discharged, diminished, limited or in any way affected by any matter, act, failure to act, or circumstance whatsoever prior to the satisfaction of such obligations in full, including:
Substitute Performance. If Debtor shall fail to maintain the required insurance, pay taxes or other charges, properly maintain or repair the Equipment, or perform any other duty or obligation required hereunder, Company may at any time thereafter (but shall not be required to) perform any such duty or obligation to the extent determined by Company and make expenditures for any or all such purposes in order to maintain and preserve the Equipment. The amount so expended, together with interest thereon at the lessor of eighteen percent (18%) per annum or the highest lawful contract rate of interest, shall be immediately due and payable by Debtor to Company and shall be secured by the security interest herein granted.
Substitute Performance. In the event the Company fails to perform any part of the Scope of Services within the time frame set forth in this Agreement without good cause, then, without limiting any other remedies available to the City, the City may take either or both of the following actions:
Substitute Performance. The “Borrower” is obligated to reimburse each “Bank” for those losses and costs which are incurred as a result of the “Bank” having refinanced a “Drawdown” requested by a “Borrower” without being able to pay out this amount because the preconditions established in this Facility Agreement for the “Drawdown” have been completely or partially not fulfilled or are no longer fulfilled.
Substitute Performance. Notwithstanding anything contained herein to the contrary, in the event that (i) Buyer directs Seller to suspend shipments pursuant to Section 2.05, or (ii) Buyer rejects any shipment pursuant to Section 2.05 or 2.07, then Buyer shall have the right to purchase replacement coal ("Replacement Coal") from alternative sources if the Seller does not provide to Buyer Replacement Coal having the characteristics provided in Section 2.01 within a time period which is reasonably acceptable to Buyer based on Buyer's then current coal requirements. In the event Buyer purchases Replacement Coal pursuant to this Section 2.08 (whether from Seller or a third party), then Seller shall reimburse Buyer for the difference between the cost of the delivered Replacement Coal (including transportation costs) and the payments that Buyer would otherwise have made to Seller and the transportation carrier for the deliveries of such coal hereunder, and Seller shall make such payment within thirty (30) days of receipt from Buyer of an invoice specifying such excess costs.
Substitute Performance. If DISTRIBUTOR is delayed by an event of Force Majeure, UT shall, at its sole option, allow a third party to cover the services related to the distribution of UT Product that DISTRIBUTOR was unable to complete due to its delay and such third party shall receive the fees DISTRIBUTOR would have received during its period of delay.
Substitute Performance. If a condition of Force Majeure arises that affects ABX’s ability to provide all or part of the Services required hereunder, DHL shall have the right, but not the obligation, to perform or arrange for another party or parties to perform such Services until such time as such Force Majeure can be cured and for a reasonable period thereafter and, except as otherwise provided for herein, ABX shall be reinstated as soon as is reasonable under the circumstances.
Substitute Performance. The parties acknowledge that time is of the essence in performing the Services, and that if the Vendor fails to perform any part of the Services within the time frame set forth in this Agreement, the City may take any of the following actions without limiting any other remedies it may have:
Substitute Performance. If Lessor fails to perform any material obligation of Lessor under this Agreement within thirty (30) days after written notice from Lessee describing the performance in reasonable detail, which notice shall not be sent until after the due date for such performance, then Lessee shall have the right to perform the obligation at the cost of Lessor, and Lessor shall pay Lessee the reasonable cost of such performance within thirty (30) days after Lessor’s receipt of an invoice for the same and reasonable supporting documentation.
Substitute Performance. In case of failure to observe performance deadlines, after unsuccessful expiry of a reasonable additional deadline set out in writing, the Client is entitled at its discretion to arrange for the services to be performed by another company at the Contractor’s expense.
