Able to Perform Clause Samples

The "Able to Perform" clause establishes that a party affirms its capability to fulfill its contractual obligations. In practice, this means the party must possess the necessary resources, skills, and legal authority to carry out the agreed-upon tasks or services at the time of entering the contract. For example, a contractor would need to have the appropriate licenses and workforce to complete a project. This clause helps ensure that only qualified parties enter into agreements, thereby reducing the risk of non-performance and disputes.
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Able to Perform. The Servicer does not believe, nor does it have any reason or cause to believe, that it cannot perform, each and every covenant contained in this Agreement.
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Able to Perform. This Letter of Understanding shall apply in cases where there is a dispute concerning an employee's ability to perform a job in a layoff or recall situation. Able to perform is interpreted to mean the employee's ability to perform the duties of his/her position after a proper training/trial period. Normal performance would include the employee's physical ability to meet standards of production, quality and quantity generally accepted as adequate for employees in other like jobs. The Company shall explain the requirements normally expected of the job at the time the employee is notified of layoff and recall. The employee will be given the proper training/trial period and will be subject to the same conditions expected of all employees.
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Able to Perform. This Letter of Understanding shall apply in cases where there is a dispute concerning an employee's ability to perform a job in a layoff or recall situation. Able to perform is interpreted to mean the employee's ability to perform the duties of position after a proper period. Normal performance would include the employee's physical ability to meet standards of production, quality and quantity generally accepted as adequate for employees in other like jobs. The Company shall explain the requirements normally expected of the job at the time the employee is notified of layoff and recall. The employee will be given the proper period and will be subject to the same conditions expected of all employees.
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Able to Perform. The purpose of this phrase is tied in with seniority to assure the Corporation of a satisfactory performance just as seniority is designed to give an employee an equitable degree of security. The Corporation does feel that a reasonable application of this phrase throughout the Collective Bargaining Agreement would involve careful consideration of the following basic principles: complexity and nature of the job, The experience of the employee on the type of work involved. The amount of instruction and/or break-in required. The length of time that the employee would be working at the job involved. In applying these principles generally, this would mean that the shorter the period of time an employee would be assigned to a particular job (e.g., overtime, short-term layoff) the less time the Corporation could be expected to spend on instruction or break-in even to the extent that present ability could be a require- ment. Likewise, the longer period of time (in indefinite layoff or job opportunity situations) the longer time the Corporation could be expected to spend, up to reasonable limits, on instruction and/or break-in. Members of supervision in making such deci- sions should give thorough consideration to the ability of the employees. It would mean that as jobs increase in complexity, etc., the greater the experience on the type of work involved would be required in order to be able to satisfactorily perform, In its application, particularly in indefinite layoff and job opportunity situations, it would be advantageous to the employee and the Corporation and it would help to eliminate problems if employees would place on record with the Corporation by application for employment, qualifications which they did not make known at the time of hire or which they have since acquired so that the Corporation would be in at least as good a position to qualify applicants in these situations as it is in assess- ing the qualification of new hires.
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Able to Perform. The purpose of this phrase is tied in with seniority to assure the Corporation of a satisfactory just as is designed to give an employee an equitable degree of The Corporation does feel that a reasonable application of this phrase throughout the Collective Bargaining Agreement would involve careful consideration of the following basic
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Able to Perform of Understanding shall apply in cases where there is a disputeconcerning an employee’s ability to perform a job in a layoff or recall situation. Able to perform is interpreted to mean the employee’sability to perform the duties of position after a proper period. Normal performance would include the employee’s physical ability to meet standardsof production,quality and quantity generally accepted as adequate for employees in other likejobs. The Company shall explain the normally expected of the job at the time the employee is notified of layoff and recall. The employee will be given the proper period and will be subject to the same conditionsexpected of all employees. It is i n in w toward and methods is fundamental to our survival in To his end. the and the U mutua to operational methodologies to increase cost and Included in these are Self-Directed Work Teams and other such modem that the AIDS in the The Company and the Union recognize and agree that AIDS is an illness and falls within the definition of handicap contained in the Human Rights Code. As a result, there will be no discrimination against any employee with except as prescribed by the Human Rights Code. In addition, any employee with AIDS who is capable of reporting to work and performing regular job will not be transferred,isolated or otherwise have seniority rights violated by virtue of having this illness.
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Related to Able to Perform

  • Continue to Perform No resignation or removal of the Administrator will be effective, and the Administrator will continue to perform its obligations under this Agreement, until a successor Administrator has accepted its engagement according to Section 3.5(b).

  • AUTHORITY TO PERFORM AGREEMENTS The Company undertakes to obtain all consents, approvals, authorizations or orders of any court or governmental agency or body which are required for the performance of this Agreement and under the Organizational Documents or the consummation of the transactions contemplated hereby and thereby, respectively, or the conducting by the Company of the business described in the Prospectus.

  • Failure to Perform In the event of a failure of performance due under this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall be entitled to reasonable attorney’s fees in addition to costs and necessary disbursements.

  • Right to Perform If Tenant shall fail to pay any sum of money, other than Base Rent or Additional Rent, required to be paid by it under this Lease or shall fail to perform any other act on its part to be performed under this Lease, and such failure shall continue for ten (10) Business Days after notice of such failure by Landlord, or such shorter time if reasonable under the circumstances, Landlord may, but shall not be obligated to, and without waiving or releasing Tenant from any obligations of Tenant, make such payment or perform such other act on Tenant's part to be made or performed as provided in this Lease. Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this paragraph as in the case of default by Tenant in the payment of Base Rent.

  • Financial Ability to Perform Purchaser affirms that is it not a condition to the Closing or to any of its other obligations under this Agreement that Purchaser obtain financing for, or related to, any of the transactions contemplated by this Agreement. Purchaser has delivered to the Seller true, complete and correct copies of the executed commitment letter, dated as of the date hereof, among Purchaser, the Guarantor and the other parties thereto (including all exhibits, schedules and annexes thereto, the “Equity Commitment Letter”), pursuant to which the Guarantor has committed, subject to the terms and conditions set forth therein, to invest cash in the aggregate amount set forth therein (the “Equity Financing”). The Equity Commitment Letter provides that the Seller is a third-party beneficiary thereto. The Equity Commitment Letter has not been amended, supplemented or modified prior to the date of this Agreement, no such amendment, supplement or modification is contemplated or pending, and as of the date of this Agreement, the commitments contained in the Equity Commitment Letter have not been withdrawn, terminated or rescinded in any respect and no such withdrawal, termination or rescission is contemplated. There are no side letters or Contracts to which Purchaser is a party related to the provision, funding or investing, as applicable, of the Equity Financing or the transactions contemplated hereby other than as expressly set forth in the Equity Commitment Letters delivered to the Seller prior to the date hereof. Purchaser has fully paid any and all commitment fees or other fees in connection with the Equity Commitment Letter that are payable on or prior to the date hereof and Purchaser will, directly or indirectly, continue to pay in full any such amounts required to be paid as and when they become due and payable on or prior to the Closing Date. The Equity Commitment Letter is in full force and effect and is the legal, valid, binding and enforceable obligations of Purchaser and, to the knowledge of Purchaser, each of the other parties thereto, subject to the Enforceability Exceptions, and Purchaser is not aware of any fact or occurrence that would or would reasonably be expected to make any of the assumptions or any of the statements set forth in the Equity Commitment Letter inaccurate or that would or would reasonably be expected to cause the Equity Commitment Letter to be ineffective. There are no conditions or other contingencies related to the provision, funding or investing of the full amount of the Equity Financing, other than as expressly set forth in the Equity Commitment Letter. No event has occurred which, with or without notice, lapse of time or both, would or would reasonably be expected to (a) constitute a default or breach on the part of Purchaser or, to the knowledge of Purchaser, any other party thereto under any of the Equity Commitment Letter, (b) constitute a failure to satisfy a condition on the part of Purchaser or any other party thereto under the Equity Commitment Letter or (c) result in any portion of the amounts to be provided, funded or invested in accordance with the Equity Commitment Letter being unavailable on the Closing Date. Purchaser has no reason to believe that any of the conditions to the Equity Financing contemplated by the Equity Commitment Letter will not be satisfied or that the full amount of the Equity Financing will not be made available to Purchaser in full on the Closing Date, and, Purchaser is not aware of the existence of any fact or event that would or would reasonably be expected to cause such conditions to the Equity Financing not to be satisfied or the full amount of the Equity Financing not to be made available to Purchaser in full on the Closing Date. Assuming the Equity Financing is funded and/or invested in accordance with the Equity Commitment Letter, Purchaser will have on the Closing Date funds sufficient to (i) pay the aggregate Closing Purchase Price under Article II, (ii) pay any and all fees and expenses required to be paid by Purchaser at the Closing in connection with the transactions contemplated by this Agreement and the Equity Financing, (iii) pay for any refinancing of any outstanding indebtedness of the Purchased Entities or the Business contemplated by this Agreement and (iv) satisfy all of the other payment obligations of Purchaser contemplated hereunder to be paid at the Closing (clauses (i) through (iv), the “Financing Uses”). Purchaser affirms that it is not a condition to the Closing or any of its other obligations under this Agreement that Purchaser obtain the Equity Financing or any other financing for or related to any of the transactions contemplated hereby.