Performance Generally Clause Samples

Performance Generally. Fortinet’s failure to perform its contractual responsibilities, to perform the services, or to meet agreed service levels shall be excused if and to the extent Fortinet’s non-performance is caused by Company’s omission to act, delay, wrongful action, failure to provide Inputs, or failure to perform its obligations under these terms and conditions

Performance Generally. The Criminal Services, defined in this Agreement as and including all services and work reflected in the Scope of Work and attached hereto as Attachment A, does not infringe upon or violate any right to intellectual property and will be performed (i) in a good and workmanlike, timely, and professional manner in accordance with generally accepted professional industry standards and practices, and (ii) only by personnel having sufficient skill, knowledge and training to provide and perform the Criminal Services in accordance with this Agreement and SOW.

Performance Generally. (a) Supplier is responsible for managing and successfully performing, completing, and delivering the Services, subject to any overall direction provided by Triple-S and with the cooperation and support of Triple-S, Service Recipients and Managed Third Parties as specified in this Agreement. (b) In cases where this Agreement does not prescribe or otherwise regulate the manner or quality of Supplier’s performance, Supplier will render the Services with at least the same degree of accuracy, quality, timeliness, responsiveness and efficiency as was generally achieved or obtained by (or for) Triple-S (and its Affiliates) prior to Supplier assuming responsibility under this Agreement for the affected Functions.

Performance Generally. In performing the Work, the Design-Builder, in addition to performing all other requirements in the Contract Documents, must furnish all Design Work and Construction Work, including all engineering and other services, provide construction management, Quality Controls, Quality Assurance and Quality Management. The Design-Builder shall also provide all materials, equipment, labor, and installations, and undertake all efforts necessary or appropriate to construct the Project in accordance with the Contract Documents, so as to achieve Substantial Completion and Final Completion by the applicable Guaranteed Completion Dates set out in this Agreement.

Performance Generally. LIS and GENERAL AMERICAN agree to render and discharge all of the duties, obligations and performance that it may assume or undertake pursuant to an Engagement Schedule from time to time, subject to, and in accordance with the terms and conditions of this Agreement. It is understood and agreed, however, that LIS' obligations are subject to and conditioned upon the full realization of any assumptions set forth in the Engagement Schedule. Any performance schedule applicable to the particular Services to be provided by LIS shall be attached to the relevant Engagement Schedule.

Performance Generally. IBM is responsible for managing and performing, completing, and delivering the Services, subject to the overall direction of Solectron and with the cooperation and support of Solectron as specified in the Agreement.

Performance Generally. Each party agrees to perform all of the obligations that it may assume pursuant to this Agreement or any SOW, subject to and in accordance with the terms of this Agreement and any applicable SOW. Without limiting the foregoing, Customer acknowledges and agrees that ELEKTA's obligations and commitments, and in particular any timetables or prices, are subject to Customer's performance of its obligations and the performance by third parties of their respective obligations, as well as the realization of any assumptions which are stated in the applicable SOW or in

Performance Generally. Subvendor represents and warrants that each of its consultants who is to perform services under this Agreement possesses the training, skills and expertise necessary to perform those services in a competent and professional manner. Subvendor represents and warrants to Axius that the services to be provided under this Agreement shall be performed in a professional manner and shall comply with all applicable terms, conditions, covenants, representatives and warranties made by Axius to the Client of which Subvendor is given notice.

Performance Generally