Responsibility for Performance. Participation in state Centralized Contracts by Authorized Users is permitted upon the following conditions: (i) the responsibility with regard to performance of any contractual obligation, covenant, condition or term thereunder by any Authorized User other than State Agencies shall be borne and is expressly assumed by such Authorized User and not by the State; (ii) a breach of the Contract by any particular Authorized User shall neither constitute nor be deemed a breach of the Contract as a whole which shall remain in full force and effect, and shall not affect the validity of the Contract nor the obligations of the Contractor thereunder respecting non-breaching Authorized Users, whether State or otherwise; (iii) for a breach by an Authorized User other than a State Agency, the State specifically and expressly disclaims any and all liability for such breach; and (iv) each non-state agency Authorized User and Contractor guarantees to save the State, its officers, agents and employees harmless from any liability that may be or is imposed by their failure to perform in accordance with its obligations under the Contract.
Responsibility for Performance. Participation in state Centralized Contracts by Authorized Users is permitted upon the following conditions: (i) the responsibility with regard to performance of any contractual obligation, covenant, condition or term thereunder by any Authorized User other than State Agencies shall be borne and is expressly assumed by such Authorized User and not by the State; (ii) a breach of the Contract by any particular Authorized User shall neither constitute nor be deemed a breach of the Contract as a whole which shall remain in full force and effect, and shall not affect the validity of the Contract nor the obligations of the Contractor thereunder respecting non- breaching Authorized Users, whether State or otherwise;
Responsibility for Performance. Participation in state Centralized Contracts by Authorized Users is permitted upon the following conditions: (i) the responsibility with regard to performance of any contractual obligation, covenant, condition or term thereunder by any Authorized User other than State Agencies shall be borne and is expressly assumed by such Authorized User and not by the State;
Responsibility for Performance. Buyer issuance of this Contract is based in part on Buyer reliance upon Seller's ability, expertise and awareness of the intended use of the Goods, and Seller's continuing compliance with all applicable laws and regulations during the performance of this Contract. Further, Seller shall not, by contract, operation of law, or otherwise, assign any of its rights or interest in this Contract, including but not limited to any right to monies due or to become due, or delegate any of its duties or obligations under this Contract, or subcontract all or substantially all of its performance of this Contract to one or more third parties, without Buyer's prior written consent. No assignment, delegation or subcontracting by Seller, with or without Xxxxx's consent, shall relieve Seller of any of its obligations under this Contract.
Responsibility for Performance. Before beginning the Work, Contractor shall examine and compare the drawings and specifications with information furnished by District that are Contract Documents, relevant filed measurements made by the Contractor, and any visible conditions at the worksite affecting the Work.
Responsibility for Performance. Xxxxx’s issuance of this Purchase Order is based in part on Buyer’s reliance on Seller’s holding itself out as having full and complete ability, expertise, and awareness of the intended use of the Goods, and Seller’s ability and willingness for continuing compliance with all applicable laws and regulations during performance of this Purchase Order. Further, Seller shall not, by contract, operation of law, or otherwise, assign any of its rights, duties, or interest in this Purchase Order (including but not limited to any right to monies due or to become due), delegate any of its duties or obligations under this Purchase Order, or subcontract all or substantially all its performance of its obligations under this Purchase Order. Buyer may unilaterally assign any rights or title to property under this Purchase Order to any Unitech Composites, Inc., company, subsidiary, or affiliate or Buyer’s Customer(s) Seller’s and/or creditor(s). Seller shall have a continuing obligation to promptly notify Buyer of any violation or deviation from Buyer approved inspection/quality control system and to advise Buyer of the quantity and specific identity of any Goods delivered to Buyer during the period of any such violation or deviation from any Purchase Order specifications. Notify the organization of changes in product and / or process, changes of suppliers, changes of manufacturing facility location and, where required, obtain organization approval and flow down to the supply chain the applicable requirements including customer requirements, records retention requirements, right of access by organization, their customer and regulatory authorities to the applicable areas of all facilities, at any level of the supply chain, involved in the order and to all applicable records.
Responsibility for Performance. Seller warrants that it has the legal right to enter into and perform its obligations under this Contract, including without limitation the right to provide Software as necessary. Buyer issuance of this Contract is based on Buyer reliance upon Seller’s ability, expertise, and awareness of the intended use of the Work, and Seller’s continuing compliance with all applicable laws and regulations during the performance of this Contract. Further, Seller shall not, by contract, operation, or otherwise, assign any or its rights or interest in this Contract, including but not limited to any monies due or to become due, or delegate any of its duties or obligations under this Contract, or subcontract all or substantially all of its performance of this Contract to one or more third parties, without Buyer’s prior written consent. No assignment, delegation or subcontracting by Seller, with or without Xxxxx’s consent, shall relieve Seller of any of its obligations under this Contract.
Responsibility for Performance. In the event the Grantor and Grantee determine that any work is required or desirable to install intermediate or supplementary Structures, make existing Structures capable of supporting the Cable, define the Route more clearly or provide for alternative Route Segments (collectively "Make Ready Work"), Grantor will either perform such Make Ready Work or permit Grantee or its contractor to perform such Make Ready Work. Any charges for Make Ready Work performed by Grantor (other than to satisfy the representation made in Section 18.3) will be paid at Grantor's Actual Costs 30 days after presentation of an invoice for such work. If Grantor elects to perform any Make Ready Work, Grantor will either (i) endeavor to include such work in its normal work load schedule, or (ii) at the request of Grantee, based on the availability of Grantor's manpower, shall perform such Make Ready Work after normal hours and at prevailing overtime rates, but not less than straight-time rates.
Responsibility for Performance. The City is entitled to enforce each and every such obligation assumed by each Transferee directly against the Transferee as if the Transferee were an original signatory to this Agreement with respect to such obligation. Accordingly, in any action by the City against a Transferee to enforce an obligation assumed by the Transferee, the Transferee shall not assert as a defense against the City's enforcement of performance of such obligation that such obligation (i) is attributable to Developer's breach of any duty or obligation to the Transferee arising out of the Transfer or the Assignment and Assumption Agreement or any other agreement or transaction between Developer and the Transferee, or (ii) relates to the period before the Transfer. The foregoing notwithstanding, the Parties acknowledge and agree that a failure to complete a Mitigation Measure may, if not completed, delay or prevent a different party’s ability to start or complete a specific Building or improvement under this Agreement if and to the extent the completion of the Mitigation Measure is a condition to the other party's right to proceed as specifically described in the Mitigation Measure, and Developer and all Transferees assume this risk. Accordingly, in some circumstances the City may withhold Subsequent Approvals based upon the acts or omissions of a different party.
Responsibility for Performance. Xxxxxxx (US) shall be solely responsible for its performance under this Agreement. A breach by a Subsidiary or by an Affiliate shall be deemed to be a breach by Xxxxxxx (US).
