Performance by Others Clause Samples

Performance by Others. The Parties recognize that each Party may perform some or all of its obligations under this CCPS Agreement through Affiliates and permitted subcontractors provided, however, that each Party will remain responsible and liable for the performance by its Affiliates and permitted subcontractors and will cause its Affiliates and permitted subcontractors to comply with the provisions of this CCPS Agreement in connection therewith. CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED.

Performance by Others. The Cottonport Bank shall have no duty to see that any duties or obligations herein or elsewhere imposed on any other parties are performed or honored.

Performance by Others. Subject to Sections 2.10 (in the case of subcontractors) and 7.1(b), the Parties recognize that each Party may perform some or all of its obligations under this Agreement through Affiliates and permitted subcontractors; provided, that each Party will remain responsible and liable for the performance by its Affiliates and permitted subcontractors and will cause its Affiliates and permitted subcontractors to comply with the provisions of this Agreement in connection therewith.

Performance by Others. The Parties recognize that each Party may perform some or all of its obligations under this CCPS Agreement through Affiliates and permitted subcontractors provided, however, that each Party will remain responsible and liable for the performance by its Affiliates and permitted subcontractors and will cause its Affiliates and permitted subcontractors to comply with the provisions of this CCPS Agreement in connection therewith.

Performance by Others. Savia shall cause Parent and Merger Sub (and, if applicable, their successors or permitted assigns) to comply with their obligations under this Agreement and the Related Agreements to which Parent or Merger Sub is a party.

Performance by Others. Triad and ▇▇▇▇▇▇ shall have performed and complied with all agreements, conditions and covenants required by this Agreement including the exhibits and schedules hereto to be performed or complied with by it prior to or at the Closing.

Performance by Others. Buyer and Buyer Sub shall have performed and complied in all material respects with all agreements, covenants and conditions required by this Agreement to be performed and complied with by either of them prior to or on the Effective Time.

Performance by Others. 20 9.6 Indemnification ........................................................................................................... 21 9.7 Insurance ..................................................................................................................... 23 10.

Performance by Others. If Blackhawk fails to perform any act it is required to perform under this Agreement or the Documents, Bank may, but shall not be obligated to, perform or cause to be performed such act, provided that any reasonable expense thereby incurred by Bank and any money thereby paid by Bank shall be a demand obligation owing by Blackhawk, and Bank shall promptly notify Blackhawk of the amount of such obligation, which obligation shall bear interest at the rate of ten percent [10%] per annum ["Default Rate"] from the date Bank makes such payment until repaid by Blackhawk. All rights of the person receiving such payment shall be subrogated to Bank.