Performance of Services by Third Parties Clause Samples

The "Performance of Services by Third Parties" clause defines the conditions under which a party may delegate or subcontract its contractual obligations to external entities. Typically, this clause outlines whether prior consent is required before engaging third parties, and may specify standards or responsibilities that must be maintained regardless of who performs the services. Its core function is to ensure that the quality and accountability of the contracted services are preserved, even when performed by someone other than the original contracting party, thereby managing risk and maintaining service standards.
Performance of Services by Third Parties. The parties to this Agreement understand and agree that Manager may, in the performance of the Services, engage or retain, as agent on Partnership’s behalf, any necessary third party consultants, advisers, accountants, auditors and attorneys, including, without limitation: (i) reservoir engineering consultants, and accountants, auditors and other third parties required for preparation of the Required Reports; and (ii) attorneys for issues related directly to the business of Partnership. Partnership shall reimburse Manager for any costs and expenses arising from or related to such engagement or retention that have been paid with funds of Manager rather than funds of Partnership or its Subsidiaries, provided that the costs under this provision shall be shared 40% to Partnership and 60% to SN, after the benefit of reimbursement from ▇▇▇▇▇▇. Any and all payments made to Manager for reimbursements incurred pursuant to this Section 3(e) shall be in addition to, and not considered to be a part of, the Overhead Costs included in calculating the Management Fee to be paid in accordance with Section 4. For the avoidance of doubt, payments to Manager, SN and any Affiliate of Manager or SN in connection with this Agreement or a Related Contract shall not be deemed incurred pursuant to this Section 3(e).
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Performance of Services by Third Parties. In its performances of the Services hereunder, Midstream Co may, but shall not be obligated to, engage or retain any necessary Third Party. To the extent Midstream Co does engage or retain a Third Party, Midstream Co shall use commercially reasonable efforts to achieve the lowest cost possible for the Services provided by such Third Party.
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Performance of Services by Third Parties. Subject to the discretion of the Board or Officers, as appropriate, regarding the retention and dismissal of any Person under (i) – (iv) below, the Parties understand and agree that Manager is authorized in the performance of the Services to engage or retain, as agent on Company’s behalf, any necessary third party, including, without limitation, consultants, advisers, accountants, auditors and attorneys, including, without limitation: (i) reserve engineering consultants or advisers for preparation of reserve engineering reports (but subject in any event to the ultimate authority of the Board); (ii) accountants and auditors for preparation of financial reporting and information and tax returns (but subject in any event to the ultimate authority of the Board); (iii) attorneys for issues related directly to the business of Company; and (iv) any agreements with purchasers of Hydrocarbon products produced from the Properties or providers of transportation services for such production. Company shall reimburse Manager for any costs and expenses arising from or related to such engagement or retention that have been paid with funds of Manager rather than funds of Company or its Subsidiaries. Any and all payments made to Manager for reimbursements incurred pursuant to this Section 4(e) shall be in addition to, and not considered to be a part of, the Overhead Costs included in calculating the Management Fee to be paid in accordance with Section 5(b). For the avoidance of doubt, payments to SOG, SN or any Affiliate of SOG, Manager or SN in connection with this Agreement or a Related Contract shall not be deemed incurred pursuant to this Section 4(e).
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Performance of Services by Third Parties. Subject to the discretion of the Board or Officers, as appropriate, regarding the retention and dismissal of any Person under (i) – (iv) below, the Parties understand and agree that Manager is authorized in the performance of the Services to engage or retain, as agent on Company’s behalf, any necessary third party, including, without limitation, consultants, advisers, accountants, auditors and attorneys, including, without limitation: (i) reserve engineering consultants or advisers for preparation of reserve engineering reports (but subject in any event to the ultimate authority of the Board); (ii) accountants and auditors for preparation of financial reporting and information and tax returns (but subject in any event to the ultimate authority of the Board); (iii) attorneys for issues related directly to the business of Company; and
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Performance of Services by Third Parties. You acknowledge and accept that some services and functions to be performed by Amhad under this Agreement may be performed by third parties under contract with ▇▇▇▇▇.
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Performance of Services by Third Parties. The parties to this Agreement understand and agree that Manager may, in the performance of the Services, engage or retain the following third party consultants, advisers, accountants, auditors and attorneys for the indicated purposes: (i) reserve engineering consultants or advisers for preparation of reserve engineering reports; (ii) accountants and auditors for preparation of financial reporting and information and tax returns (but subject in any event to the ultimate authority of Company’s board of directors or the audit committee thereof, as applicable); and (iii) attorneys for issues related directly to the business of Company; provided, however, Manager shall obtain the prior consent of Company prior to any such engagement or retention by Manager if such engagement or retention shall not be terminable within 60 days or shall commit Company to expenditures of $[50,000] or more. The parties further acknowledge and agree that Manager’s retention of third party consultants, advisers, accountants, auditors and attorneys shall only be as reasonable and necessary in the performance of the Services by Manager. Subject to the foregoing, Company shall reimburse Manager for any costs and expenses arising from or related to such engagement or retention that have been paid with funds of Manager rather than funds of Company or its Subsidiaries. Any and all payments made to Manager for reimbursements incurred pursuant to this Section 3(e) shall be in addition to, and not considered to be a part of, the Management Fee to be paid in accordance with Section 4.
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Performance of Services by Third Parties. Client acknowledges and understands that some Services offered by F.E.T. are performed by third parties. Client agrees that F.E.T. shall not be liable for the actions of, work performed by, or reports/information generated by said third parties.
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Performance of Services by Third Parties. (10.1) If Purchaser intends to contract out services under 2.3 to a third party, then Purchaser must advise Contractor of this. Contractor must then declare whether, or under which conditions, Contractor is willing to continue the contract. (10.2) If Contractor is not willing to continue the contract without modifications, and should no agreement be reached regarding modification, then each party is entitled to termination without notice.
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Related to Performance of Services by Third Parties

  • Provision of Services by Third Parties The Administrator shall, to the extent it determines that it would be advisable in connection with or incidental to the activities contemplated hereby, arrange for and coordinate the services of other professionals, experts and consultants to provide any or all of the Services, in which case, the costs and expenses of such third parties for providing such services shall be borne by the Administrator other than as set forth in Section 3; it being understood that the Administrator shall not charge to the Issuer any fees in addition thereto with respect to such outsourced Painting-Level Services that are described in Section 1(a)(i) and Entity-Level Services described in Section 1(a)(ii), but the Administrator shall be entitled to reimbursement for third party costs incurred in connection with Non-Routine Services described in Section 1(a)(iii) as set forth in Section 3(b). Reimbursement for Non-Routine Services shall be reimbursed by the Issuer out of the proceeds from a sale of the Painting. In addition, Masterworks may determine to sell the Painting without engaging a third-party intermediary, in which event, the Administrator would charge the buyer of the Painting a reasonable fee not to exceed the lowest published buyer’s premium charged by Sotheby’s, Christie’s or P▇▇▇▇▇▇▇ in effect at such time.

  • Performance of Services The Contractor is responsible for fully meeting all obligations set forth in the Contract and for providing Product in accordance with the Contract or any Authorized User Agreement.

  • Performance of Service 2.1 Appendix A (General Provisions), Articles 1 through 16, governs the performance of services under this contract. 2.2 Appendix B sets forth the liability and insurance provisions of this contract. 2.3 Appendix C sets forth the services to be performed by the contractor.

  • Exclusivity of Services The Subadviser shall devote its best efforts and such time as it deems necessary to provide prompt and expert service to Client and the Fund. The services of Subadviser to be provided hereunder are not to be deemed exclusive and Subadviser shall be free to provide similar services for its own account and the accounts of other persons and to receive compensation for such services. Client acknowledges that Subadviser and its Affiliates and Subadviser's other clients may at any time, have, acquire, increase, decrease or dispose of positions in the same investments which are at the same time being held, acquired for or disposed of under this Agreement for the Fund. Subadviser shall have no obligation to acquire or dispose of a position in any investment pursuant to this Agreement simply because Subadviser, its directors, members, Affiliates or employees invest in such a position for its or their own accounts or for the account of another client.

  • Performance by Contractor Where Pur- chaser’s employees, agents, contractors, Subcontractors, or their employees or agents perform Purchaser’s Opera- tions in connection with fire responsibilities, Purchaser’s obligations shall be the same as if performance was by Purchaser.