Common use of Performance by Affiliates Clause in Contracts

Performance by Affiliates. Each Party recognizes that the other Party may perform some or all of its obligations under this Agreement through Affiliates to the extent permitted under this Agreement; provided, however, that such other Party shall remain responsible for the performance by its Affiliates as if such obligations were performed by such other Party.

Performance by Affiliates. Each Party recognizes The Parties recognize that the other each Party may perform some or all of its obligations under this Agreement through Affiliates to the extent permitted under this AgreementAffiliates; provided, however, that such other each Party shall remain responsible for the performance by of its Affiliates as if and shall course its Affiliates to comply with the provisions of this Agreement in connection with such obligations were performed by such other Partyperformance.

Performance by Affiliates. Each Party recognizes The parties recognize that the other Party each may perform some or all of its obligations under this Agreement through Affiliates to the extent permitted under this Agreementand/or Sublicensees; provided, however, that such other Party each party shall remain responsible for and be guarantor of the performance by its Affiliates as if and/or Sublicensees and shall cause its Affiliates and/or Sublicensees to comply with the provisions of this Agreement in connection with such obligations were performed by performance, and that such performance through Affiliates and/or Sublicensees shall not adversely affect the rights of the other Partyparty.

Performance by Affiliates. Each Party recognizes that the other Party may perform some or all of its obligations under this Agreement through Affiliates to the extent permitted under this Agreement; provided, however, that such other Party shall will remain responsible for the performance by its Affiliates as if such obligations were performed by such other Party.

Performance by Affiliates. Each Party recognizes The Parties recognize that the other Party each may perform some or all of its obligations under this Agreement through Affiliates to the extent permitted under this AgreementAffiliates; provided, however, that such other each Party shall remain responsible for and be a guarantor of the performance by its Affiliates as if and shall cause its Affiliates to comply with the provisions of this Agreement in connection with such obligations were performed by such other Partyperformance.

Performance by Affiliates. Each Party recognizes The Parties recognize that the other each Party may perform some or all of its obligations under this Agreement through Affiliates to the extent permitted under this AgreementAffiliates; provided, however, that such other each Party shall will remain responsible for and guarantees the performance by its Affiliates as if and will cause its Affiliates to comply with the provisions of this Agreement in connection with such obligations were performed by performance. Each Party hereby expressly waives any requirement that the other Party exhaust any right, power or remedy, or proceeds against an Affiliate, for any obligation or performance hereunder prior to proceeding directly against such other Party.

Performance by Affiliates. Each Party recognizes The Parties recognize that the other each Party may perform some or all of its obligations under this Agreement through Affiliates to the extent permitted under this Agreement; Affiliates, provided, however, that such other each Party shall remain responsible for the performance by its Affiliates as if and shall cause its Affiliates to comply with the provisions of this Agreement in connection with such obligations were performed by performance. Each Party hereby expressly waives any requirement that the other Party exhaust any right, power or remedy, or proceed against an Affiliate, for any obligation or performance hereunder prior to proceeding directly against such other Party.

Performance by Affiliates. Each Party recognizes The Parties recognize that the other each Party may perform some or all of its obligations under this Agreement through Affiliates to the extent permitted under this Agreement; providedAffiliates, provided however, that such other each Party shall remain responsible for and be a guarantor of the performance by its Affiliates as if and shall cause its Affiliates to comply with the provisions of this Agreement in connection with such obligations were performed by such other Partyperformance.

Performance by Affiliates. Each Party recognizes The Parties recognize that the other each Party may perform some or all of its obligations under this Agreement through Affiliates to the extent permitted under this AgreementAffiliates; provided, however, that such other each Party shall will remain responsible and liable for the performance by its Affiliates as if such obligations were performed by such other Partyand will cause its Affiliates to comply with the provisions of this Agreement in connection therewith.

Performance by Affiliates. Each Party recognizes The Parties recognize that the other a Party may perform some or all of its obligations under this Agreement through Affiliates to the extent permitted under this Agreement; provided, however, that such other Party shall remain responsible for the performance by its Affiliates as if such obligations were performed by such other PartyAffiliates.

Performance by Affiliates. Each Party recognizes that Notwithstanding anything to the other contrary set forth in this Agreement, either Party may perform some any or all of its obligations and exercise any or all of its rights under this Agreement through any Affiliate. Each Party will cause its Affiliates to comply with the extent permitted under provisions of this Agreement; provided, however, that Agreement in connection with such other Party shall remain responsible for the performance by its Affiliates as if such obligations were performed by such other Partyperformance.

Performance by Affiliates. Each Party recognizes The Parties recognize that the other Party each may perform some or all of its obligations under this Agreement through Affiliates to the extent permitted under this AgreementAffiliates; provided, however, that such other each Party shall remain responsible for and be guarantor of the performance by its Affiliates as if and shall cause its Affiliates to comply with the provisions of this Agreement in connection with such obligations were performed by such other Partyperformance.

Performance by Affiliates. Each Party recognizes The Parties recognize that the other each Party may perform some or all of its obligations under this Agreement through Affiliates to the extent permitted under this Agreementone (1) or more of its Affiliates; provided, however, that such other each Party shall remain responsible for the and shall guarantee such performance by its Affiliates as if and shall cause its Affiliates to comply with the provisions of this Agreement in connection with such obligations were performed by performance. Each Party hereby expressly waives any requirement that another Party exhaust any right, power or remedy, or proceed against an Affiliate for any obligation or performance hereunder prior to proceeding directly against such other Party.

Performance by Affiliates. Each Party recognizes that the other Party may perform some or all of its obligations under this Agreement through Affiliates to the extent permitted under this Agreement; its Affiliates, provided, however, that such other Party shall remain responsible for and be guarantor of the performance by its Affiliates as if and shall cause its Affiliates to comply with the provisions of this Agreement in connection with such obligations were performed by such other Partyperformance.

Performance by Affiliates. Each Party recognizes that the other Party may perform some or all of its obligations under this Agreement through Affiliates to the extent permitted under this Agreement; such Party’s Affiliates, provided, however, that such other each Party shall remain responsible for the payment and performance by its Affiliates as if and shall cause its Affiliates to comply with the provisions of this Agreement in connection with such obligations were performed by such other Partyperformance.

Performance by Affiliates. Each Party recognizes that is responsible and liable to the other Party may perform some or all for the acts and omissions of its obligations under this Agreement through such Party’s Affiliates to the extent permitted under in respect of this Agreement; provided, however, that such other Party shall remain responsible for the performance by its Affiliates as if such obligations were performed by such other Party.

Performance by Affiliates. Each Party recognizes The Parties recognize that the other each Party may perform some or all of its obligations under this Agreement through Affiliates to the extent permitted under this Agreement; Affiliates, provided, however, that such other each Party shall will remain responsible for the performance by its Affiliates as if and will cause its Affiliates to comply with the provisions of this Agreement in connection with such obligations were performed by performance. Each Party hereby expressly waives any requirement that the other Party exhaust any right, power or remedy, or proceed against an Affiliate, for any obligation or performance hereunder prior to proceeding directly against such other Party.

Performance by Affiliates. Each Party recognizes that the other Party may perform some or all of its obligations under this Agreement through Affiliates to the extent permitted under this Agreement; , provided, however, that such other Party shall remain responsible for the performance by its Affiliates as if such obligations were performed by such other Party.

Performance by Affiliates. Each Party recognizes that the other Party may perform some or all of its obligations under this Agreement through Affiliates to the extent permitted under this Agreement; provided, however, that such other Party shall remain responsible for the performance by its Affiliates as if such obligations were performed by such other Party.. FINAL VERSION

Performance by Affiliates. Each Any obligation of either Party recognizes that the other Party may perform some under or all of its obligations under pursuant to this Agreement through Affiliates may be satisfied, met or fulfilled, in whole or in part, at such Party’s sole and exclusive option, by any Affiliate of such Party that it causes to the extent permitted under this Agreement; providedsatisfy, howevermeet or fulfill such obligation, in whole or in part, provided that such other Party shall remain responsible liable hereunder for the performance by its Affiliates as if of any such obligations were performed by such other Partyobligations.

Performance by Affiliates. Each Party recognizes The parties recognize that the other Party each may perform some or all of its obligations under this Agreement through Affiliates to the extent permitted under this AgreementAffiliates; provided, however, that such other Party each party shall remain responsible for and be guarantor of the performance by its Affiliates as if and shall cause its Affiliates to comply with such obligations were performed by such other Partyperformance and the terms of this Agreement.

Performance by Affiliates. Each Only in the event either Party recognizes that the other Party may perform some or all assigns any of its rights and obligations under this Agreement through Affiliates to the extent permitted under this Agreement; providedany of its Affiliates, howeverthen in such event, that such other each Party shall remain responsible for hereby guarantees the performance by its such Affiliates as if of such Party’s obligations were performed by under this Agreement and will cause such other Partyassignee Affiliate to comply with the provisions of this Agreement in connection with such performance.

Performance by Affiliates. Each Party recognizes that the other Party may have one or more Affiliates perform some or all of otherwise act on its obligations behalf under this Agreement through Affiliates to the extent permitted under this Agreement; provided, however, that such other (including Exhibits). Each Party shall remain be responsible for the performance compliance by its Affiliates as if such obligations were performed by such other Partyperforming or otherwise acting under this Agreement on its behalf with the terms and conditions of this Agreement.

Performance by Affiliates. Each Party recognizes The Parties recognize that the other each Party may perform some or all of its obligations under this Agreement through Affiliates to the extent permitted under this AgreementAffiliates; provided, however, that such other each Party shall will remain responsible for the performance by its Affiliates as if and will cause its Affiliates to comply with the provisions of this Agreement in connection with such obligations were performed by performance. Each Party hereby expressly waives any requirement that the other Party exhaust any right, power or remedy, or proceeds against an Affiliate, for any obligation or performance hereunder prior to proceeding directly against such other Party.

Performance by Affiliates. Each Party recognizes The Parties recognize that the other ------------------------- each Party may perform some or all of its obligations under this Agreement through Affiliates to the extent permitted under this Agreement; Affiliates, provided, however, that such other each Party shall remain responsible -------- ------- for and be a guarantor of the performance by its Affiliates as if and shall cause its Affiliates to comply with the provisions of this Agreement in connection with such obligations were performed by such other Partyperformance.

Performance by Affiliates. Each Party recognizes The Parties recognize that the other Party each may perform some or all of its obligations under this Agreement through Affiliates to the extent permitted under this Agreement; Affiliates, provided, however, that such other each Party shall remain responsible for and be guarantor of the performance by its such Affiliates as if and shall cause such obligations were performed Affiliates to comply with the provisions of this Agreement in connection with such performance. Each Party waives any obligation on the other Party to seek performance by such Party’s Affiliate before the other PartyParty may enforce the foregoing guaranty.

Performance by Affiliates. Each Party recognizes The Parties recognize that the other each Party may perform some or all of its obligations under this Agreement through Affiliates or assign this Agreement in its entirety to a single Affiliate, by giving six (6) months’ prior written notice of such assignment to the extent permitted under this Agreementother Party in which event no consent by such other Party shall be necessary; provided, however, that such other each Party shall remain responsible for the performance by of its Affiliates as if and shall cause its Affiliates to comply with the provisions of this Agreement in connection with such obligations were performed by such other Partyperformance.

Performance by Affiliates. Each Party recognizes that the other Party may perform some or all of its obligations under this Agreement through Affiliates to the extent permitted under this Agreement; Affiliates, provided, however, that such other Party shall remain responsible for the performance by its Affiliates as if and shall use Commercially Reasonable Efforts to cause its Affiliates to comply with the provisions of this Agreement in connection with such obligations were performed by such other Partyperformance.

Performance by Affiliates. Each Party recognizes (a) The Parties recognize that the other each Party may perform some or all of its obligations under this Agreement through Affiliates to the extent permitted under this Agreement; Affiliates, provided, however, that such other -------- each Party shall remain responsible for and be a guarantor of the performance by its Affiliates as if and shall cause its Affiliates to comply with the provisions of this Agreement in connection with such obligations were performed by such other Partyperformance.

Performance by Affiliates. Each Party recognizes that the other Either Party may perform some its obligations under this Agreement through one or all more Affiliates as of the Effective Date without prior approval of the other Party. The Party will nonetheless remain solely responsible for the performance of its obligations under this Agreement through Affiliates to the extent permitted under this Agreement; provided, however, that such other Party shall remain responsible for the performance by its Affiliates as if such obligations were performed Affiliate(s) and for any breach of the terms of this Agreement by such other Partyits Affiliate(s).

Performance by Affiliates. Each Party recognizes that the other Party may perform some or all of its obligations under this Agreement through Affiliates to the extent permitted under this AgreementAffiliates; provided, however, that such other Party shall remain responsible for the performance by its Affiliates as if such obligations were performed by such other Party.

Performance by Affiliates. Each Party recognizes The Parties recognize that the other each Party may perform some or all of its obligations under this Agreement through Affiliates to the extent permitted under this Agreement; providedAffiliates, however, provided that such other each Party shall remain responsible and liable for the performance by its Affiliates as if such obligations were performed by such other Partyand shall cause its Affiliates to comply with the provisions of this Agreement in connection therewith.

Performance by Affiliates. Each Party recognizes The Parties recognize that the other each Party may perform some or all of its obligations under this Agreement through Affiliates to the extent permitted under this Agreementone or more of its Affiliates; provided, however, that such other each Party shall remain responsible for the and shall guarantee such performance by its Affiliates as if and shall cause its Affiliates to comply with the provisions of this Agreement in connection with such obligations were performed by performance. Each Party hereby expressly waives any requirement that the other Party exhaust any right, power or remedy, or proceed against an Affiliate, for any obligation or performance hereunder prior to proceeding directly against such other Party.

Performance by Affiliates. Each Party recognizes The Parties recognize that the other Party each may perform some or all of its obligations under this Agreement through Affiliates to the extent permitted under this Agreement; Affiliates, provided, however, that such other each Party shall remain responsible for and be guarantor of the performance by its Affiliates as if and shall cause its Affiliates to comply with the provisions of this Agreement in connection with such obligations were performed by such other Party.performance. Information and Reports

Performance by Affiliates. Each Party recognizes The Parties recognize that the other each Party may or is required to perform some or all of its obligations under this Agreement through Affiliates to the extent permitted under this Agreement; providedAffiliates, however, that such other and each Party shall remain responsible and liable for the performance by its Affiliates as if such obligations were performed by such other Partyand shall cause its Affiliates to comply with all applicable provisions of this Agreement.

Performance by Affiliates. Each Party recognizes The Parties recognize that the other each Party may perform some or all of its obligations under this Agreement through Affiliates to the extent permitted under this Agreementits Affiliates; provided, however, that such other each Party shall will remain responsible and liable for the performance by its Affiliates as if and will cause its Affiliates to comply with the provisions of this Agreement in connection with such obligations were performed by such other Partyperformance.

Performance by Affiliates. Each Party recognizes The Parties recognize that the other each Party may perform some or all of its obligations under this Agreement through Affiliates to the extent permitted under this AgreementAffiliates; provided, however, that such other each Party shall will remain responsible and liable for the performance by its Affiliates as if and will cause its Affiliates to comply with the provisions of this Agreement in connection with such obligations were performed by such other Partyperformance.

Performance by Affiliates. Each Party recognizes that the other Party may perform some or all of its obligations or exercise some or all of its rights under this Agreement through Affiliates to the extent permitted under this AgreementAffiliates; provided, however, that such other Party shall will remain responsible for the performance by its Affiliates as if such obligations were performed by such other Party.

Performance by Affiliates. Each Only in the event either Party recognizes that the other Party may perform some or all assigns any of its rights and obligations under this Agreement through Affiliates to the extent permitted under this Agreement; providedany of its Affiliates, howeverthen in such event, that such other each Party shall remain responsible for hereby guarantees the performance by its such Affiliates as if of such Party’s obligations were performed by under this Agreement and will cause such other Party.assignee Affiliate to comply with the provisions of this Agreement in connection with such performance. ​

Performance by Affiliates. Each Party recognizes that the other Party may perform some or all of its obligations under this Agreement through Affiliates to the extent permitted under this Agreement; provided, however, that such other Party shall remain responsible for the performance by its Affiliates as if such obligations were performed by such other Party. In particular, Company shall remain responsible for the performance by its Sublicensed Affiliates.

Performance by Affiliates. Each Party recognizes The Parties recognize that the other Party each may perform some or all of its obligations under this Agreement through Affiliates to the extent permitted under this AgreementAffiliates; provided, however, that such other each Party shall remain responsible for the performance by its Affiliates as if and shall cause its Affiliates to comply with the provisions of this Agreement in connection with such obligations were performed by such other Partyperformance.

Performance by Affiliates. Each Party recognizes The Parties recognize that the other each Party may perform some or all of its obligations under this Agreement through Affiliates to the extent permitted under this Agreement; Affiliates, provided, however, that such other each Party shall will remain responsible for the performance by its Affiliates as if and will cause its Affiliates to comply with the provisions of this Agreement in connection with such obligations were performed by performance. Each Party hereby expressly waives any requirement that the other Party exhaust any right, power or remedy, or proceed against an Affiliate, for any obligation or performance hereunder prior to proceeding directly against such other Party.

Performance by Affiliates. Each Party recognizes The parties hereto recognize that the other Party each party may perform some or all of its obligations under this Agreement through Affiliates to the extent permitted under this Agreementone or more of its Affiliates; provided, however, that such other each Party shall remain responsible for the such performance by and shall cause its Affiliates as if to comply with the provisions of this Agreement in connection with such obligations were performed by such other Partyperformance. [***] A CONFIDENTIAL PORTION OF THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.

Performance by Affiliates. Each Party recognizes The Parties recognize that the other Party each may perform some or all of its obligations under this Agreement through Affiliates to as specified in this Agreement and the extent permitted under this Supply Agreement; provided, provided however, that such other each Party shall remain responsible for and be guarantor of the performance by its Affiliates as if and shall cause its Affiliates to comply with the provisions of this Agreement and the Supply Agreement in connection with such obligations were performed by such other Partyperformance.

Performance by Affiliates. Each Party recognizes The Parties recognize that the other each Party may perform some or all of its obligations under this Agreement through Affiliates to the extent permitted under this Agreementone (1) or more of its Affiliates; provided, however, that such other each Party shall remain responsible for the and shall guarantee such performance by its Affiliates as if and shall cause its Affiliates to comply with the provisions of this Agreement in connection with such obligations were performed by performance. Each Party hereby expressly waives any requirement that the other Party exhaust any right, power or remedy, or proceed against an Affiliate, for any obligation or performance hereunder prior to proceeding directly against such other Party.

Performance by Affiliates. Each Party recognizes that the other Party may perform some or all of its obligations under this Agreement through Affiliates to the extent permitted not prohibited under this Agreement; provided, however, that such other Party shall remain responsible for the performance by its Affiliates as if such obligations were performed by such other Party.

Performance by Affiliates. Each Party recognizes The Parties recognize that the other Party each may perform some or all of its obligations under this Agreement through Affiliates to the extent permitted under this AgreementAffiliates; provided, however, that such other each Party shall will remain responsible for and be a guarantor of the performance by its Affiliates as if and will cause its Affiliates to comply with the provisions of this Agreement in connection with such obligations were performed by such other Partyperformance.

Performance by Affiliates. Each Party recognizes that the other Party may perform some or all of its obligations or exercise some or all of its rights, in each case, under this Agreement through Affiliates to the extent permitted under this Agreement; provided, however, that such other Party shall will remain responsible for the performance by its Affiliates as if such rights or obligations were performed by such other Party.

Performance by Affiliates. Each Party recognizes The Parties recognize that the other Party each may perform some or all of its obligations under this Agreement through Affiliates to the extent permitted under this Agreement; Affiliates, provided, however, that such other each Party shall remain responsible for and be guarantor of the performance by its Affiliates as if and shall cause its Affiliates to comply with the provisions of this Agreement in connection with such obligations were performed by such other Party.performance. ARTICLE 14

Performance by Affiliates. Each Party recognizes The Parties recognize that the other each Party may perform some or all of its obligations under this Agreement through Affiliates to the extent permitted under this AgreementAffiliates; provided, however, that such other each Party shall remain responsible for the performance by its Affiliates as if and shall cause its Affiliates to comply with the provisions of this Agreement in connection with such obligations were performed by performance. Each Party hereby expressly waives any requirement that the other Party exhaust any right, power or remedy, or proceed against an Affiliate, for any obligation or performance hereunder prior to proceeding directly against such other Party.

Performance by Affiliates. Each Party recognizes The parties hereto recognize that the other Party each party may perform some or all of its obligations under this Agreement through Affiliates to the extent permitted under this Agreementone or more of its Affiliates; provided, however, that such other each Party shall remain responsible for the such performance by and shall cause its Affiliates as if to comply with the provisions of this Agreement in connection with such obligations were performed by such other Partyperformance.

Performance by Affiliates. Each Party recognizes acknowledges that the other Party may perform some or all of its obligations under this Agreement through may be performed by Affiliates to of the extent permitted under other Party, and each Party hereby guarantees performance of this Agreement; provided, however, that such other Party shall remain responsible for the performance Agreement by its Affiliates as if such obligations were performed by such other PartyAffiliates.

Performance by Affiliates. Each Party recognizes The Parties recognize that the other Party each may perform some or all of its obligations under this Agreement through Affiliates to the extent permitted under this Agreement; its Affiliates, vendors, agents, representatives provided, however, that such other each Party shall remain responsible for and be guarantor of the performance by its Affiliates as if Affiliates, vendors, agents, representatives and shall cause its Affiliates, vendors, agents, representatives to comply with the provisions of this Agreement in connection with such obligations were performed by such other Partyperformance.

Performance by Affiliates. Each Only in the event either Party recognizes that the other Party may perform some or all assigns any of its rights and obligations under this Restated Agreement through Affiliates to the extent permitted under this Agreement; providedany of its Affiliates, howeverthen in such event, that such other each Party shall remain responsible for hereby guarantees the performance by its such Affiliates as if of such Party’s obligations were performed by under this Restated Agreement and will cause such other Partyassignee Affiliate to comply with the provisions of this Restated Agreement in connection with such performance.

Performance by Affiliates. Each Party recognizes The Parties recognize that the other each Party may perform some or all of its obligations under this Agreement through Affiliates to the extent permitted under this Agreement; Affiliates, provided, however, that such other each Party shall remain responsible for and be a guarantor of the performance by its Affiliates as if and shall cause its Affiliates to comply with the provisions of this Agreement in connection with such obligations were performed by such other Partyperformance.

Performance by Affiliates. Each Party recognizes The Parties recognize that the other Party each may perform some or all of its obligations under this Agreement through Affiliates to the extent permitted or may exercise some or all of its rights under this Agreement; Agreement through Affiliates, provided, however, that such other each Party shall remain responsible for and be guarantor of the performance by its Affiliates as if and shall cause its Affiliates to comply with the provisions of this Agreement in connection with such obligations were performed by such other Party.performance. In particular and without limitation,