DUE PERFORMANCE definition

DUE PERFORMANCE each of the Relevant Selling Fund and Party A has duly and punctually performed and observed all the terms and conditions of that Transaction on its part to be performed and observed;
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DUE PERFORMANCE it has duly and punctually performed and observed all the terms and conditions of that Transaction on its part to be performed and observed;
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DUE PERFORMANCE each of the Relevant Selling Sub-Fund, in the case of the Manager, and Party A, in the case of Party A, has duly and punctually performed and observed all the terms and conditions of that Transaction on its part to be performed and observed;
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Examples of DUE PERFORMANCE in a sentence

  • SUBJECT TO THE PRECEDING SENTENCE, ▇▇▇▇ IS ONLY LIABLE FOR SLIGHT NEGLIGENCE, IF ▇▇▇▇ IS IN BREACH OF MATERIAL OBLIGATIONS OF THIS ▇▇▇▇, THE FULFILLMENT OF WHICH FACILITATE THE DUE PERFORMANCE, THE BREACH OF WHICH WOULD ENDANGER THE PURPOSE OF THIS ▇▇▇▇ AND THE COMPLIANCE WITH WHICH END USER MAY CONSTANTLY TRUST IN (SO CALLED “CARDINAL OBLIGATIONS”).

  • SUBJECT TO THE PRECEDING SENTENCE, ▇▇▇▇ IS ONLY LIABLE FOR SLIGHT NEGLIGENCE, IF ▇▇▇▇ IS IN BREACH OF MATERIAL OBLIGATIONS OF THIS ▇▇▇▇, THE FULFILLMENT OF WHICH FACILITATE THE DUE PERFORMANCE, THE BREACH OF WHICH WOULD ENDANGER THE PURPOSE OF THIS ▇▇▇▇ AND THE COMPLIANCE WITH WHICH PARTY MAY CONSTANTLY TRUST IN (SO CALLED “CARDINAL OBLIGATIONS”).

  • SHOULD THE CLIENT WISH TO ENGAGE THEIR OWN PREFERRED CONTRACTORS &/OR SUB-CONTRACTORS, ALL WORK, MATERIALS & COSTS WILL BE THE SOLE RESPONSIBILITY OF THE CLIENT FOR DUE PERFORMANCE IN TERMS OF THE BUILDING CONTRACT.

  • TENANT SHALL NOT BE RELEASED BY ANY SUCH ASSIGNMENT OR SUBLET BUT SHALL CONTINUE TO BE FULLY RESPONSIBLE FOR THE DUE PERFORMANCE OF THE OBLIGATIONS HEREUNDER.

  • TIME IS OF THE ESSENCE WITH RESPECT TO THE DUE PERFORMANCE OF THE TERMS, COVENANTS AND CONDITIONS HEREIN CONTAINED; PROVIDED, HOWEVER, NO DELAY OR FAILURE TO ENFORCE ANY OF THE PROVISIONS HEREIN CONTAINED AND NO CONDUCT OR STATEMENT SHALL WANE OR AFFECT ANY OF LANDLORD'S RIGHTS UNDER THIS LEASE.

  • EXCEPT AS PROVIDED IN THE SECTION CAPTIONED "FORCE MAJEURE," TIME IS OF THE ESSENCE WITH RESPECT TO THE DUE PERFORMANCE OF THE TERMS, COVENANTS AND CONDITIONS HEREIN CONTAINED; PROVIDED, HOWEVER, THAT NO DELAY OR FAILURE TO ENFORCE ANY OF THE PROVISIONS HEREIN CONTAINED AND NO CONDUCT OR STATEMENT SHALL WAIVE OR AFFECT ANY OF LANDLORD'S RIGHTS HEREUNDER.

Related to DUE PERFORMANCE

  • Underlying Performance means a decimal number calculated by applying the following formula:

  • Final Performance means the Final Valuation Price divided by the Initial Price(Settlement) each in respect of the Worst Performing Underlying Asset as calculated in respect of the Final Valuation Date. "Final Valuation Date" means 29 November 2027, subject to adjustment.

  • Basket Performance means a decimal number calculated by applying the following formula:

  • human performance means human capabilities and limitations which have an impact on the safety and efficiency of aeronautical operations;

  • Index Performance means, in relation to an Index and an Auto-Call Valuation Date or the Valuation Date, as the case may be, a percentage calculated by the Calculation Agent in respect of such date in accordance with the following formula: