Third Party Performance. 16.1 The Contractor shall perform his services in a completely free and independent manner and is at all times responsible for his actions. The Contractor shall not be subject to any mandatory instruction, regulation or order from the Customer for realization of his services. There shall be no relationship of subordination be- tween the Customer and the Contractor or any of his employees.
Third Party Performance. Notwithstanding any provision herein to the contrary, in the event that any portion of the Property is leased, sold or otherwise transferred to any third party, any jobs or capital investments made by said third party shall be counted toward the applicable incentive as described herein as if the Buyer had created the jobs or made the capital investment itself. In the event of non-performance of this Agreement, Buyer, not any third-party, shall solely be responsible to fulfill the obligations of this Agreement.
Third Party Performance. Sabine acknowledges and agrees that certain of LNGCo’s obligations under this Agreement may be performed by CMI on behalf of LNGCo under the Services Agreement; provided, however, that the foregoing shall in no way authorize CMI to incur any obligations or liabilities under this Agreement without the written consent of LNGCo.
Third Party Performance. Distributor agrees that none of its obligations under this Agreement, including but not limited to its minimum order, payment, warranty and indemnification obligations to Siebel, are conditioned in any warx xx any third party's performance or nonperformance of its payment or other obligations to Distributor.
Third Party Performance. TRUE COLORS OF ITALY LLC shall use its best efforts in providing services to Client. TRUE COLORS OF ITALY LLC makes no representations, guarantees, or warranties as to the effectiveness or performance of the services delivered. Client shall indemnify and hold TRUE COLORS OF ITALY LLC harmless from any and all claims, liabilities, costs, losses, damages, or expenses (including attorney fees) arising from any third- party service provider’s wrongful or negligent acts or omissions. In the event of any changes by a third-party service provider that materially affect the delivery or performance of TRUE COLORS OF ITALY LLC’s services contemplated by this Agreement, TRUE COLORS OF ITALY LLC shall provide notice to Client and make every effort to find an acceptable alternative to the third-party service provider or find a replacement service at the same or similar cost. If such a situation should occur and a suitable alternative or replacement is not found, the responsibility and liability of TRUE COLORS OF ITALY LLC shall be limited to the return of payments received for the specific portion of the services affected. The Client agrees to not unreasonably withhold approval of an alternative.
Third Party Performance. Notwithstanding the foregoing, the Sewer District shall have the right to have a third-party contractor perform any Extra Design-Build Work provided that no such third-party performance of any Extra Design-Build Work shall materially impair the Design-Build Contractor’s ability to perform, impose any material additional obligation or liability on the Design-Build Contractor, or materially increase the Design-Build Contractor’s cost hereunder. The Design-Build Contractor shall have no right to object to the performance of any Extra Design-Build Work so long as the Sewer District affords the Design-Build Contractor price, schedule, performance and any other relief necessary to avoid any such material effect.
Third Party Performance. Customer must pay all amounts collected via Customer’s connection and listed on the telecommunications bill via Swisscom for third-party performance in the form of goods or services. Swisscom has the right to disclose to third parties such data as they require in order to sub- stantiate their claims against Customer. Swisscom shall not be liable and makes no warranty for third-party performance obtained or ordered via the con- nection, even if Swisscom performs the collection of third-party outstanding payments from Customer. Cus- tomer’s contractual partner is the respective provider of goods and/or services. R
Third Party Performance. ST agrees that none of its obligations under this Agreement, including but not limited to its minimum order, payment, warranty and indemnification obligations to Siebel, are conditioned in any way on any third party's performance or nonperformance of its payment or other obligations to ST.
Third Party Performance. Customer acknowledges that Alliance's performance of the Services is contingent upon the acts of Customer and/or certain third parties. Accordingly, in the event any act or omission by Customer and/or any such third party engaged by Customer adversely affects Alliance's performance of the Services, Customer hereby waives all rights and remedies available with respect to Alliance's performance of the Services as affected by Customer and/or such third-party acts or omissions.
Third Party Performance. Company shall not engage a third party to provide any Services or Deliverables under this Agreement or otherwise subcontract any of its obligations hereunder except (a) as expressly permitted in an IPA, (b) with the prior written consent of Aventis, which consent shall not be unreasonably withheld, conditioned or delayed, or (c) such third parties as Company may engage in the ordinary course of its business to provide non-substantive, overhead-related items, such as internet service providers and copy services; and in any case subject to Section 10.2(c).
