NO OBLIGATION TO PERFORM Sample Clauses

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. 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 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. 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. 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. 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. Except as provided in Section 10.2 below, if either party hereto is rendered wholly or partly unable to perform its obligations under this Services Agreement because of Uncontrollable Circumstances (as defined below in Section 10.2), that party shall be excused from whatever performance is affected by the Uncontrollable Circumstances to the extent so affected, provided that: (a) the non-performing party, within ten (10) days after it becomes aware of the occurrence of the Uncontrollable Circumstances, gives the other party written notice describing the particulars of the occurrence; (b) the suspension of performance is of no greater scope and of no longer duration than is reasonably required by the Uncontrollable Circumstances and shall not in any event apply to any obligation solely to pay money; (c) no obligation of either party which arose before the occurrence causing the suspension of performance is suspended as a result of the occurrence; and (d) the non-performing party uses its best efforts to promptly remedy its inability to perform.