Payment or Performance Sample Clauses
The Payment or Performance clause establishes the obligation of one party to either make a payment or fulfill a specific duty as outlined in the contract. In practice, this clause clarifies when and how payments must be made, or alternatively, when a service or deliverable must be provided, depending on the agreement's terms. Its core function is to ensure that both parties understand their responsibilities regarding financial transactions or performance requirements, thereby reducing the risk of disputes over non-payment or non-performance.
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Payment or Performance. Landlord shall have the right, upon ten (10) days prior written notice to Tenant (or without notice in case of emergency or in order to avoid any fine, penalty, or cost which may otherwise be imposed or incurred), following the expiration of any applicable cure period, to make any payment or perform any act required of Tenant under any provision in this Lease, and in exercising such right, to incur necessary and incidental costs and expenses, including reasonable attorney’s fees. Nothing herein shall imply any obligation on the part of Landlord to make any payment or perform any act required of Tenant, and the exercise of the right to do so shall not constitute a release of any obligation.
Payment or Performance. When the payment of any obligation or the performance of any action, covenant, duty or obligation under any Loan Document is stated to be due or performance required on a day which is not a Business Day (other than as described in the definition of “Interest Period” and in Section 2.12(b)), the date of such payment or performance shall extend to the immediately succeeding Business Day and such extension of time shall be reflected in computing interest or fees, as the case may be.
Payment or Performance. The Design-Builder fails, refuses or otherwise defaults in its duty (a) to pay any amount required to be paid to the Owner under this Design-Build Agreement within 60 days following the due date for such payment, or (b) to perform any material obligation under this Design-Build Agreement (unless such default is excused by an Uncontrollable Circumstance as and to the extent provided herein). No event set forth in this subsection (B) shall constitute an Event of Default giving the Owner the right to terminate this Design-Build Agreement for cause under this subsection unless:
Payment or Performance. In the event of any failure by Parent to pay or perform any Obligation when due in accordance with the terms of the Merger Agreement, Guarantor hereby agrees that, upon receipt of written notice from the Company of such failure, Guarantor shall promptly (but in any event within five (5) Business Days following such notice) pay or perform such Obligation in accordance with the terms of the Merger Agreement; provided, however, that Guarantor shall not be required to pay or perform any Obligation while the validity or existence of such Obligation is being disputed in good faith by Parent in accordance with the terms of the Merger Agreement. All sums payable by Guarantor hereunder shall be paid in United States currency in immediately available funds. In furtherance of the foregoing, the Guarantor acknowledges that the Company may, in its sole discretion, bring and prosecute a separate action or actions against the Guarantor to enforce this Guarantee for such amount, regardless of whether any action is brought against Parent or Merger Sub or whether Parent or Merger Sub is joined in any such action.
Payment or Performance. The Company shall pay, perform or otherwise ---------------------- satisfy the Obligations, when the same shall become due, at term or otherwise.
Payment or Performance. Landlord shall have the right, upon ten (10) days prior written notice to Tenant (or without notice in the case of emergency or in order to avoid any fine, penalty or cost which may otherwise be imposed or incurred) to make any payment or perform any act required of Tenant under any provision in this Lease, and in exercising such right, to incur necessary and incidental costs and expenses, including reasonable attorney's fees if such payment or performance has not been made by Tenant within said ten (10) day period after written notice to Tenant (if Tenant is entitled to such ten (10) day prior written notice under the terms of this paragraph). Nothing herein shall imply any obligation on the part of Landlord to make any payment or perform any act required of Tenant, and the exercise of the right to do so shall not constitute a release of any obligation, waiver of any default or obligation of Landlord to make any similar payment or perform any similar act in the future.
Payment or Performance. Landlord shall have the right, upon ten (10) days prior written notice to Tenant (or without notice in case of emergency or in order to avoid any fine, penalty, or cost which may otherwise be imposed or incurred), to make any payment or perform any act required of Tenant under any provision in this Lease, and in exercising such right, to incur necessary and incidental costs and expenses, including reasonable attorney’s fees. Nothing herein shall imply any obligation on the part of Landlord to make any payment or perform any act required of Tenant, and the exercise of the right to do so shall not constitute a release of any obligation, waiver of any default or obligation of Landlord to make any similar payment or perform any similar act in the future.
Payment or Performance. Following tenant’s default and failure to cure within applicable cure period after receipt of written notice from Landlord, Landlord shall have the right, upon ten (10) days prior written notice to Tenant (or without notice in the case of emergency) to make any payment or perform any act required of Tenant under any provision in this Lease, and in exercising such right, to incur necessary and incidental costs and expenses, including reasonable attorneys’ fees. Nothing herein shall imply any obligation on the part of Landlord to make any payment or perform any act required of Tenant, and the exercise of the right to do so shall not constitute a release of any obligation, waiver of any default or obligation of Landlord to make any similar payment or perform any similar act in the future.
Payment or Performance. Any Indemnitor shall:
(a) default in the payment or performance as provided herein of any obligation on any Contract bonded by Travelers pursuant to any surety bond issued by Travelers or administered by Travelers, whether pursuant to this Agreement or prior to the Closing Date, except when the amount or validity of such obligation is currently being contested in good faith by appropriate proceedings and reserves, if applicable, in conformity with GAAP with respect thereto have been provided on the books of the Consolidated Group, and such default shall continue for five (5) or more Business Days; or
Payment or Performance. Landlord shall have the right, upon ten (10) days prior written notice to Tenant (or without notice in case of emergency or in order to avoid any fine, penalty, or cost which may otherwise be imposed or incurred, or without notice given the circumstances in connection with the issuance of parking passes pursuant to this Lease), to make any payment or perform any act required of Tenant under any provision in this Lease, and in exercising such right, to incur necessary and incidental costs and expenses, including reasonable attorney's fees. Nothing herein shall imply any obligation on the part of Landlord to make any payment or perform any act required of Tenant, and the exercise of the right to do so shall not constitute a release of any obligation, waiver of any default or obligation of Landlord to make any similar payment or perform any similar act in the future. All payments made, and all costs and expenses incurred in connection with Landlord's exercise of the right set forth in this Section, shall be reimbursed by Tenant within ten (10) days after receipt of a bill ▇▇▇ting forth the amounts so expended, together with interest at the Stipulated Rate from the date such sums are incurred by Landlord. Any such payments, costs and expenses made or incurred by Landlord shall be treated as Additional Rent owed by Tenant.