NO OBLIGATION TO PERFORM. The Contractor shall not be obligated to perform changed Work until a Change Order has been executed by the Owner and Contractor, except as provided in Subparagraph 8.2.3.
NO OBLIGATION TO PERFORM. The Subcontractor shall not perform changes in the Subcontract Work until a Change Order has been executed or written instructions have been issued in accordance with Paragraphs 7.2 and 7.9.
NO OBLIGATION TO PERFORM. The Job Order Contractor shall not be obligated to perform changed Work until a Change Directive or a Change Order/amendment to this Contract, as applicable, has been executed by the City and the Job Order Contractor, except as provided in Subsection 12.4(D) above.
NO OBLIGATION TO PERFORM. The Construction Manager shall not be obligated to perform changes in the Work that impact the GMP or the estimated Cost of the Work, Construction Manager's Fee, Date of Substantial Completion or Date of Final Completion until a Change Order has been executed or a written Interim Directed Change has been issued.
NO OBLIGATION TO PERFORM. Nothing contained herein shall operate or be construed to obligate Beneficiary to perform any obligations of Trustor under any Sublease (including, without limitation, any obligation arising out of any covenant of quiet enjoyment therein contained in the event the lessee under any such Sublease shall have been joined as a party defendant in any action to foreclose and the estate of such lessee shall have been thereby terminated) or under the Ground Lease. Prior to actual entry into and taking possession of the Real Property by Beneficiary, this assignment shall not operate to place upon Beneficiary any responsibility for the operation, control, care, management or repair of the Trust Estate or any portion thereof, and the execution of this assignment by Trustor shall constitute conclusive evidence that all responsibility for the operation, control, care, management and repair of the Trust Estate is and shall be that of Trustor, prior to such actual entry and taking of possession.
NO OBLIGATION TO PERFORM. Notwithstanding anything in this Agreement to the contrary, we will not be obliged to make any payment or delivery otherwise required to be made by us to you pursuant to or in connection with this Agreement or any transaction for as long as an Event of Default has occurred and is continuing.
NO OBLIGATION TO PERFORM. The Construction Manager shall not be obligated to perform changed Work until a Change Directive or a Change Order/amendment to this Agreement, as applicable, has been executed by the City and the Construction Manager, except as provided in Subsection 8.4(D) above.
NO OBLIGATION TO PERFORM. Contractor shall not be obligated to perform changed Work until a Change Order has been executed by CISC and Contractor.
NO OBLIGATION TO PERFORM. Design-Builder shall not be obligated to perform changes in the Work until a Change Order has been executed or Interim Directive has been issued.
NO OBLIGATION TO PERFORM. Lender shall not be obligated to perform or discharge, nor does it undertake to perform or discharge any obligation, duty or liability under the Collateral, under or by reason of this Assignment, whether or not Lender or its agents have commenced such performance or discharge, including, without limitation, possession by Lender and its agents incidental to performance of the Assignor’s obligations under the Collateral so as to preserve or realize upon the rights of Assignor and Lender therein. In no event shall Lender be liable for any act, omission, default, misrepresentation, or breach of warranty, of Assignor or any obligation of Assignor with respect to the Loan Agreement. Assignor shall and does hereby agree to indemnify Lender for and to hold Lender harmless of and from any and all liability, loss or damage which Lender incurs under or with respect to the Collateral or under or by reason of this Assignment, and of and from any and all claims and demands whatsoever which are actually asserted against it by reason of any alleged obligations or undertakings on its part to perform or discharge any of the terms, covenants or agreements contained in the Collateral (other than claims relating to loss or damage caused by Lender’s own gross negligence or willful misconduct). Any such liability, loss or damage under the Collateral or under or by reason of this Assignment or in the defense of any such claims or demands, the amount thereof, including, without limitation, reasonable, out-of-pocket costs, expenses and reasonable attorneys’ fees, shall constitute Expenses and become part of the Obligations secured by this Assignment and the other Loan Documents.
