PERFORMANCE BY SELLER definition

PERFORMANCE BY SELLER. On or before the closing date, Seller will have performed, satisfied, and complied in all material respects with all covenants, agreements, and conditions required of any of them by this agreement; and
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Examples of PERFORMANCE BY SELLER in a sentence

  • TO HIS OR HER KNOWLEDGE, THERE ARE NO LEGAL OR GOVERNMENTAL ACTIONS, INVESTIGATIONS OR PROCEEDINGS PENDING TO WHICH SELLER IS A PARTY, OR THREATENED AGAINST SELLER, (A) ASSERTING THE INVALIDITY OF THIS AGREEMENT OR (B) WHICH MATERIALLY AND ADVERSELY AFFECT THE PERFORMANCE BY SELLER OF ITS OBLIGATIONS UNDER, OR THE VALIDITY OR ENFORCEABILITY OF, THIS AGREEMENT.

  • TIME, WHEREVER SPECIFIED HEREIN FOR THE PERFORMANCE BY SELLER OR BUYER OF ANY OF THEIR RESPECTIVE OBLIGATIONS HEREUNDER OR THE EXERCISE OF ANY OF THEIR RESPECTIVE RIGHTS HEREUNDER IS HEREBY MADE AND DECLARED TO BE OF THE ESSENCE OF THIS AGREEMENT.

  • ANY PERFORMANCE BY SELLER HEREUNDER SHALL BE DEEMED AN ACCEPTANCE WITHOUT EXCEPTION OF THE TERMS AND CONDITIONS OF THIS PURCHASE ORDER.

  • TIME SHALL BE OF THE ESSENCE WITH RESPECT TO THE PERFORMANCE BY SELLER AND PURCHASER OF THEIR RESPECTIVE OBLIGATIONS HEREUNDER.

  • ADDITIONALLY, DURING THE PENDENCY OF THIS AGREEMENT, THE PROVISIONS OF THIS SECTION 11.3 DO NOT AFFECT THE COVENANTS OF SELLER INCLUDED IN THIS AGREEMENT NOR THE PERFORMANCE BY SELLER OF SUCH COVENANTS.

  • NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY (INCLUDING WITHOUT LIMITATION THE PROVISIONS OF SECTIONS 4.24,11.4,11.5 AND 11.6 HEREOF), THE PURCHASER SHALL HAVE THE RIGHT TO ENFORCE ANY COVENANT CONTAINED IN THIS AGREEMENT AT ANY TIME HEREAFTER (INCLUDING, WITHOUT LIMITATION, THE PERFORMANCE BY SELLER OF ANY EXCLUDED LIABILITY), INCLUDING THE RIGHT TO SEEK SPECIFIC PERFORMANCE OF SUCH COVENANTS OR ANY OTHER REMEDIES.

  • UPON TWO (2) DAYS ADVANCE NOTICE, BUYER, ITS EMPLOYEES, AGENTS OR REPRESENTATIVES SHALL HAVE THE RIGHT AT REASONABLE INTERVALS DURING NORMAL BUSINESS HOURS TO INSPECT THE RECORDS, AND SUCH OTHER RECORDS AS MAY BE REASONABLY NECESSARY, FOR THE SOLE PURPOSE OF VERIFYING PERFORMANCE BY SELLER OF THE SERVICES AND TO CONFIRM THE SERVICE FEES.

  • IF BUYER ELECTS TO PROCEED WITH THE PURCHASE OF THE REAL PROPERTY AS HEREINABOVE PROVIDED FOR, BUYER'S EXCLUSIVE REMEDY SHALL LIMITED TO THE RIGHT TO COMPEL SPECIFIC PERFORMANCE BY SELLER.

  • CONDITIONS PRECEDENT TO PERFORMANCE BY SELLER 65 Section 7.1. No Injunction or Action 65 Section 7.2. Representations and Warranties of Buyer 65 Section 7.3. Performance of the Obligations of Buyer 65 Section 7.4. Closing Deliveries 66 Article VIII.

  • SELLER OBJECTS TO, AND IS NOT BOUND BY, ANY TERMS OR CONDITIONS ON BUYER'S PURCHASE ORDER, CONFIRMATION FORMS OR OTHER DOCUMENTS, WHICH ATTEMPT TO IMPOSE UPON SELLER ANY TERMS AND CONDITIONS AT VARIANCE WITH SELLER'S TERMS AND CONDITIONS OF SALE SET FORTH HEREIN, AND SHIPMENT OR OTHER PERFORMANCE BY SELLER SHALL NOT CONSTITUTE ASSENT TO ANY SUCH INCONSISTENT TERMS.

Related to PERFORMANCE BY SELLER

  • Performance Data means a rating, ranking, quotation, discussion or analysis regarding an aspect of the investment performance of an investment fund, an asset allocation service, a security, an index or a benchmark;

  • Performance audit means an objective and systematic assessment of a state agency or agencies or any of their programs, functions, or activities by the state auditor or designee in order to help improve agency efficiency, effectiveness, and accountability. Performance audits include economy and efficiency audits and program audits.

  • Performance Agreement means an agreement between an HSP and its CEO that requires the CEO to perform in a manner that enables the HSP to achieve the terms of this Agreement and any additional performance improvement targets set out in the HSP’s annual quality improvement plan under the Excellent Care for All Act, 2010;

  • Performance Date means June 30, 2027. If the Locality, in consultation with VEDP, deems that good faith and reasonable efforts have been made and are being made by the Company to achieve the Targets, on or before the Performance Date the Locality may request an extension of the Performance Date by up to 15 months. Any extension of the Performance Date shall require the prior approval of the Company and the Board of Directors of VEDP (the “Board”). If the Performance Date is extended, the Locality shall send written notice of the extension to the Authority, the Company and VEDP and the date to which the Performance Date has been extended shall be the “Performance Date” for the purposes of this Agreement.

  • Performance has the meaning ascribed to it in the Copyright Act 98 of 1978, as amended from time to time, and the words “Perform” and “Performed” and