PARTIAL PERFORMANCE. In the event less than all services are performed in a proper and timely manner, CONTRACTOR shall be paid only the reasonable cost for the services performed for the payment period as determined by COUNTY’S Administrator.
PARTIAL PERFORMANCE. If, prior to the execution of this document by both parties, Seller delivers Product to Xxxxx and Xxxxx receivesProduct from Seller at any time within the term of this Agreement, any such transactions will be governed by the terms and conditions hereof. The partiesrecognize and agree that neither shall be obligated by their course of conductto perform any future transactions hereunder unless and until this document is fully executed.
PARTIAL PERFORMANCE. Guarantor’s performance of a portion, but not all, of the Obligations shall in no way limit, affect, modify or abridge Guarantor’s liability for the Obligations which are not performed. Without in any way limiting the generality of the foregoing, in the event that Lender is awarded a judgment in any suit brought to enforce Guarantor’s covenant to perform a portion of the Obligations, such judgment shall in no way be deemed to release Guarantor from its covenant to perform any portion of the Obligations which is not the subject of the suit.
PARTIAL PERFORMANCE. Lilly and Aurora agree that Aurora may, under certain circumstances, partially perform under this Agreement, without terminating the Agreement, as set forth below:
PARTIAL PERFORMANCE. 0304 It is hereby agreed that payments called for under this Agreement are based on performance of the items listed under Paragraph (Duties). In the event all duties are not completed or delivered, the amount due under this Agreement shall be reduced on a pro-rated basis to be determined by the RCD.
PARTIAL PERFORMANCE. Unless expressly agreed otherwise between CCHBC and the Customer, partial performance of a performance requirement shall not entitle the Customer to Performance Incentive(s) or to any other payment, discount or other benefit provided by CCHBC.
PARTIAL PERFORMANCE. If at the time of the termination or expiration of the Agreement, Customer has received the benefit of any part of the performance of the Agreement, Customer will not be entitled to undo the performance and to not comply with the relevant payment obligations, except where we may be in default with respect to the performance. We shall be entitled to issue prorated invoices for partial performance where appropriate. Amounts invoiced by us for Services and/or Deliverables delivered or carried out under the Agreement before the termination or expiration will remain due and in full effect, subject to the stipulations described in the previous sentence, and will become immediately payable upon termination or expiration.
PARTIAL PERFORMANCE. In the event, less than all services are performed in a proper and timely manner, CONTRACTOR shall be paid only the reasonable cost for the services performed for the payment period as determined by Commission Representative. In the event CONTRACTOR anticipates a disruption in services related to this Agreement, COMMISSION is to be notified immediately of the nature, anticipated impact, and duration of such disruption.
PARTIAL PERFORMANCE. The Contractor may perform its obligations specified in the Contract with the conditions and schedule specified in the Contract. The schedule is specified in Subsection 9.2 hereof. The Contactor shall inform the Client in writing of the performance of the particular partial task. The Client shall inspect the proper performance of the Contractor within fifteen (15) days from the receipt of the notice of the Contractor and shall inform the Contractor in writing within fifteen (15) days from the inspection of the acceptance or rejection of the performance of the partial task. The Client will issue a certificate of partial performance of the task in accordance with Subsection 9.2. The date of the Contractor’s partial performance shall be the date specified in the written statement of the Client accepting the partial performance issued in accordance with the abovementioned. In the statement regarding the rejection of the performance of the partial task, the Client shall justify such rejection by listing the defects and other reasons for the rejection and shall set an additional deadline for the performance of the partial task. In the case of the rejection of the performance of the partial task and the setting of an additional deadline for performance, the Client may exercise its rights arising from the Contract, with special regard to claim liquidated damages for delay, liquidated damages for default and may also claim damages in excess of the liquidated damages. If the Contractor fulfilled the conditions for the proper performance regarding the partial task within the additional deadline, the Contractor shall inform the Client in writing of such performance. The Client shall inspect the performance of the partial task and shall inform the Contractor within fifteen (15) days from the date of such inspection of the rejection or acceptance of the performance of the partial task. Unless otherwise specified in the Contract, the Client may be entitled to full use following the acceptance of the performance of the partial task to the degree determined during the acceptance of performance. The certificate of the partial performance of the Contractor only justifies the eligibility of the Contractor for the payment of the interim invoice, and may not be construed as the Client’s acceptance of the Contactor’s obligations regarding the partial task and other obligations specified in the Contract. In addition to the acceptance of the performance of the partial task, the Cl...
PARTIAL PERFORMANCE. In the event less than all services are performed in a proper and timely manner, CONTRACTOR shall be paid only the reasonable cost for the services performed for the payment period as determined by COUNTY’S Administrator. AMENDED EXHIBIT B (August 2009) - BUDGET, FISCAL AND PAYMENT PROVISIONS Contractor: Watsonville Community Hospital Agreement Number: 3710 Budget Index: 362110 5. BUDGET CONTROL. With prior written approval of COUNTY, CONTRACTOR may adjust cost among budget line items or line items as long as the total amount of the contract is not exceeded.
