Performance of Seller’s Obligations Clause Samples

Performance of Seller’s Obligations. Performance by Seller in all material respects of its obligations under this Agreement to be performed at or before Closing.

Performance of Seller’s Obligations. Seller shall have delivered all documents and agreements described in Section 4.2 and shall have otherwise performed in all material respects all obligations required under this Agreement, including under Section 7, by them on or prior to the Closing Date.

Performance of Seller’s Obligations. Seller will have performed in all material respects all covenants, agreements and other obligations to be performed by it pursuant to this Agreement on or before the Closing Date.

Performance of Seller’s Obligations. The Seller shall have performed in all material respects all agreements, obligations and covenants required under this Agreement to be performed by them on or before the Closing Date, and Buyer shall have received a certificate dated the Closing Date and signed by an executive officer of the Seller certifying to the matters set forth in this Section 6.2(e).

Performance of Seller’s Obligations. Seller will have fully performed all commitments required by this Agreement to be performed prior to Closing, except for those which, in the aggregate are not Material, and will have tendered at the Closing the documents required in Section 3.01(a) and (c).

Performance of Seller’s Obligations. (a) If any one or more Events of Default shall occur, the Buyer may, but shall have no obligation or liability with respect thereto, to the extent permitted by the Purchase Documents and by law, and with or without notice to the Seller, perform any of the obligations of the Seller under or pursuant to the Contract or any other Purchase Document, present or file any claim, take action to enforce any performance or collect payments of any amounts to which the Buyer may be entitled thereunder. (b) The Seller shall be liable to the Buyer for all sums paid or incurred pursuant to the provisions of this section, and all payments made or liabilities incurred by the Buyer hereunder of any kind whatsoever shall be paid by the Seller to the Buyer upon demand with interest at the Default Interest Rate from the date of payment by the Buyer to the date of payment to the Buyer. In addition to any costs incurred by the Buyer to perform such services, the Seller also agrees to pay the Buyer for services rendered in connection with actions taken by the Buyer pursuant to this section an amount equal to fifteen percent (15 percent) of the Buyer's out-of-pocket cost of such services.

Performance of Seller’s Obligations. Seller shall have furnished or caused to be furnished to Buyer, all items required to be furnished to Buyer pursuant to other Sections of this Agreement, including without limitation, the documents described in Sections 2.4(b) and 2.4(c), and otherwise performed and complied with all agreements and conditions required by this Agreement to be performed or complied with prior to the Closing. 39

Performance of Seller’s Obligations. Seller shall have performed all of the obligations required to be performed by Seller under this Agreement, as and when required by this Agreement. Seller’s obligations include the following: (i) Seller shall allow Buyer, and Buyer’s contractors and agents, access to the Real Property without charge and at all reasonable times for the purpose of Buyer’s investigation and testing the same, all of such work shall be undertaken at the risk of Buyer and its contractors and agents. Buyer shall pay all costs and expenses of such investigation and testing and shall hold Seller and the Real Property harmless from all costs and liabilities relating to the Buyer’s, and Buyer’s contractor’s and/or agent’s activities. Buyer shall further repair and restore any damage to the Real Property caused by or occurring during Buyer’s testing and return the Real Property and/or Personal Property to substantially the same condition as existed prior to such entry. (ii) Immediately upon the execution of this Agreement, the Seller shall deliver to Buyer a copy of all existing surveys of the Property in the possession or control of the Seller. (iii) Prior to and subsequent to the Closing, Seller shall without charge to Buyer reasonably cooperate in Buyer’s attempts to obtain all governmental approvals necessary in Buyer’s judgment in order to make that use of the Property which Buyer intends; provided, however, Seller shall not be required to participate in and Buyer shall not take any action which has an adverse effect upon or interferes with the Vulcan Use Rights. Prior to and after the Closing, Seller shall join in such rezoning applications, plats, environmental worksheets and other documents as may reasonably required by governmental bodies to accomplish the foregoing, provided Seller shall not be required to incur any material expense, liability or obligation in doing so; provided, however, Seller shall not be required to participate in and Buyer shall not take any action which has an adverse effect upon or interferes with the Vulcan Use Rights. Notwithstanding any term or condition of this Agreement to the contrary, Buyer may not, without Seller’s written consent, change the legal status of the Property prior to Closing in any manner that restricts, burdens or limits in any material way the manner in which the Property may be used compared to its status as of the Effective Date or which imposes any material burden on the Property which, if Buyer does not proceed with the tran...

Performance of Seller’s Obligations. Raytheon shall cause Seller to perform Seller's obligations hereunder.