No Direct Performance Sample Clauses

The "No Direct Performance" clause prohibits one party from directly fulfilling the obligations of the other party under the contract. In practice, this means that if one party fails to perform its duties, the other party cannot step in and complete those duties themselves; instead, they must seek remedies such as damages or specific performance through legal channels. This clause is designed to maintain clear boundaries of responsibility and prevent interference, ensuring that each party remains accountable for its own contractual obligations.
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No Direct Performance. The Design-Builder shall not directly perform any Work or provide any materials, equipment, or supplies but shall contract for performance of Work or procurement of materials, equipment, or supplies through Trade Contracts and Subcontracts, except as otherwise permitted by the Contract Documents. No fee shall be payable by Owner to Design-Builder for self-provided Work or materials except by lump sum as provided in paragraph 3.2.3.2.
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No Direct Performance. The CM/GC shall not directly perform any Work or provide any materials, equipment, or supplies but shall contract for performance of Work or procurement of materials, equipment, or supplies through Trade Contracts and Subcontracts, except as otherwise permitted by the Contract Documents. No fee shall be payable by Owner to CM/GC for self-provided Work or materials except by lump sum as provided in paragraph 3.
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No Direct Performance. The CMR shall not directly perform any Work or provide any materials, equipment, or supplies but shall contract for performance of Work or procurement of materials, equipment, or supplies through Trade Contracts and Subcontracts, except as otherwise permitted by the Contract Documents. No fee shall be payable by the Board to the CMR for self-provided Work or materials except by lump sum as provided in Section 3.2.3.2.
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No Direct Performance. The Construction Manager shall not directly perform any Work or provide any materials, equipment or supplies but shall, pursuant to Section 3, Part 7 hereof, contract for performance of Work or procurement of materials, equipment or supplies through Trade Contracts, except as otherwise permitted (i) under Article 3.7.19.1; and (iii) under the proposed budget for and plan for acquisition of on-site offices and for other temporary structures and equipment which have been approved by the Owner under Section 3, Part 2 Section 3, Part 7, to the extent such approvals permit the Construction Manager to supply such items from Construction Manager's inventory. No fee shall be payable by Owner to Construction Manager for self-provided items in excess of any fee included in the sales price or rental rate approved by Owner for such items.
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No Direct Performance. The CMGC shall not directly perform any Work or provide any materials, equipment, or supplies but shall contract for performance of Work and procurement of materials, equipment, or supplies through Trade Contracts and other Subcontracts, with Subcontractors other than CMGC or its affiliates, except as otherwise permitted by Section 8 of this Agreement. No fee shall be payable by Owner to CMGC for self-provided Work or materials except by the procedures outlined in Section 8 of this Agreement.
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Related to No Direct Performance

  • Strict Performance Failure by any party to this Contract to insist in any one or more cases upon the strict performance of any of the terms, covenants, conditions, or provisions of this Contract shall not be construed as a waiver or relinquishment of any such term, covenant, condition, or provision. No term or condition of this Contract shall be held to be waived, modified, or deleted except by a written amendment signed by the parties hereto.

  • TIMELY PERFORMANCE (a) SELLER's timely performance is a critical element of this Contract. (b) SELLER shall provide LOCKHEED ▇▇▇▇▇▇ status of performance of this Contract when requested. In addition, if SELLER becomes aware of an impending labor dispute involving SELLER or any lower tier subcontractor, or any other difficulty in performing the Work, SELLER shall timely notify LOCKHEED ▇▇▇▇▇▇, in writing, giving pertinent details. These notifications shall not change any delivery schedule.

  • Excused Performance In case performance of any terms or provisions hereof shall be delayed or prevented because of compliance with any law, decree or order of any governmental agency or authority, whether the same shall be of Local, State or Federal origin, or because of riots, war, public disturbances, strikes, lockouts, differences with workmen, fires, floods, acts of God or any other reason whatsoever which is not within the control of the party whose performance is interfered with and which, by the exercise of reasonable diligence, said party is unable to prevent, the party so suffering may, at its option, suspend, without liability, the performance of its obligations hereunder during the period of such suspension of performance of duties hereunder.

  • Non-Performance The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined.

  • Contract Performance C19.1 The Contractor shall ensure that: C19.1.1 the Goods conform in all respects with the Specification and, where applicable, with any sample or performance demonstration approved by the Authority; C19.1.2 the Goods operate in accordance with the relevant technical specifications and correspond with the requirements of the Specification and any particulars specified in the Contract; C19.1.3 the Goods conform in all respects with all applicable Laws; and C19.1.4 the Goods are free from defects in design, materials and workmanship and are fit and sufficient for all the purposes for which such Goods are ordinarily used and for any particular purpose made known to the Contractor by the Authority.