Future Performance. Grantor will not cause or permit the Property, the Associated Property or Grantor to be in violation of, or do anything or permit anything to be done which will subject the Property or the Associated Property to any remedial obligations under any Environmental Laws, including without limitation CERCLA, RCRA, the Toxic Substance Control Act, assuming disclosure to the applicable governmental authorities of all relevant facts, conditions and circumstances, if any, pertaining to the Property or Associated Property and Grantor will promptly notify Beneficiary in writing of the presence of any Hazardous Material on the Property or Associated Property and of any existing, pending or, to the best knowledge of Grantor, threatened investigation or inquiry by any governmental authority in connection with any Environmental Laws. Grantor will take all steps necessary to determine that no Hazardous Materials have been disposed of or otherwise released on or to the Property or Associated Property except in accordance with Environmental Laws. Grantor will not cause or permit the disposal or other release of any Hazardous Materials on or to the Property, or the Associated Property or any property adjoining the Property except in accordance with Environmental Laws and covenants and agrees to keep or cause the Property and the Associated Property to be kept free of any Hazardous Materials and to remove the same (or if removal is prohibited by law, to take whatever action is required by law) promptly upon discovery at its sole expense. Without limitation of the Beneficiary’s rights to declare an event of default hereunder and to exercise all remedies available by reason thereof, in the event Grantor fails to comply with or perform any of the foregoing covenants and obligations, the Beneficiary may (without any obligation, express or implied) remove any Hazardous Materials from the Property or the Associated Property (or if removal is prohibited by law, take whatever action is required by law) and the cost of the removal or such other action shall be a demand obligation owing by Grantor to the Beneficiary pursuant to this Mortgage. Grantor grants to Beneficiary and its agents, employees, contractors and consultants access to the Property and the Associated Property and the license (which is coupled with an interest and irrevocable while this Mortgage is in effect) to remove the Hazardous Materials (or if removal is prohibited by law, to take whatever action is required by law...
Future Performance. Such party has provided the other party with adequate assurances of the future performance of such party's obligations under this Agreement.
Future Performance. The failure of either party hereto to insist, in any one or more instances, upon strict performance of any of the terms, covenants, and conditions of this Agreement, shall not be construed as a waiver or relinquishment of the future performance of any such term, covenant, or condition by the other party hereto, but the obligation of such other party with respect to such future performance shall continue in full force and effect.
Future Performance. Past results regarding particular electricity products are not necessarily an indication of future results;
Future Performance. Without limiting the representations and warranties in Article III, the Seller acknowledges that none of the Buyer, any of its Affiliates, any of their respective Representatives or any other Person makes, and the Seller (on behalf of itself and its Affiliates) disclaims any reliance upon, any representation or warranty with respect to the future performance of the Buyer, including any projections, estimates or budgets delivered to or made available to the Seller or any of its Representatives of future revenues, future results of operations (or any component thereof), future cash flows or future financial condition (or any component thereof) with respect to the Buyer. Notwithstanding the foregoing, nothing in this Agreement shall constitute any waiver by the Seller of, a limitation of the Seller’s ability to pursue or recover for, or a disclaimer by Buyer of liability for, a claim based on or arising out of actual and knowing common law fraud.
Future Performance. Where the information contains information on future performance, the following conditions shall be satisfied:
Future Performance. All representations and warranties of Seller extend to future performance of the Goods during the Warranty Period and are not modified, waived or discharged by delivery, inspection, tests, acceptance or payment. Tesla’s approval of any design, drawing, material, process or specifications in good faith will not relieve Seller of these representations and warranties. The warranties set forth in this Section 5 shall survive acceptance and payment by Tesla and the termination or expiration of the Contract.
Future Performance. The foregoing warranties are warranties of future performance. An action for breach of these warranties, if otherwise permitted by this Agreement, may be commenced at any time during the period provided by applicable law.
Future Performance. Such Shareholder acknowledges and is aware that there is no assurance as to the future performance of New Holdco.
Future Performance. Subadviser does not guarantee the future performance of the Account or any specific level of performance or the success of any investment decision or strategy that Subadviser may recommend. Client understands that investment recommendations made by Subadviser for the Account are subject to various market, currency, economic, political and business risks, and that those investment decisions will not always be profitable.
