Common use of Performance and Exercise by Affiliates Clause in Contracts

Performance and Exercise by Affiliates. Each Party will have the right to have any of its obligations hereunder performed, or its rights or licenses hereunder exercised, by any of its Affiliates and the performance of such obligations by any such Affiliate will be deemed to be performance by such Party; provided, however, that such Party will be responsible for ensuring the performance of its obligations under this Agreement and that any failure of any Affiliate performing obligations of such Party hereunder will be deemed to be a failure by such Party to perform such obligations. For clarity, the foregoing means that each Party may designate or subcontract to an Affiliate to perform its obligations hereunder or to be the recipient of the other Party’s performance obligations hereunder.

Performance and Exercise by Affiliates. Each Party will shall have the right to have any of its obligations hereunder performed, or its rights or licenses hereunder exercised, by by, any of its Affiliates or subcontractors and the performance of such obligations by any such Affiliate will or subcontractor shall be deemed to be performance by such Party; provided, however, that such Party will shall be responsible for ensuring the performance of its obligations under this Agreement and that any failure of any Affiliate or subcontractor performing obligations of such Party hereunder will shall be deemed to be a failure by such Party to perform such obligations. For clarity, the foregoing means that each Party may designate or subcontract to an Affiliate or subcontractor to perform its obligations hereunder or to be the recipient of the other Party’s performance obligations hereunder.