Prior Performance Clause Samples

The Prior Performance clause establishes requirements or expectations regarding a party's past work or conduct in similar contracts or projects. Typically, it allows one party to request evidence of previous successful performance, such as references, completion certificates, or performance ratings, to assess the reliability and capability of the other party. This clause helps ensure that only qualified and proven parties are engaged, thereby reducing the risk of poor performance or non-fulfillment of contractual obligations.
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Prior Performance. If the Consultant has performed any Work prior to the start date of this agreement, then this agreement will govern such prior performance. Except that the Consultant’s invoicing obligations, and the Yakama Nation’s associated payment obligations, as set forth in Exhibit C (Payment Terms), will not arise until the start date of this agreement.
Prior Performance. The parties agree that performance by either party hereunder, during the periods specified, in accordance with the terms hereof, but prior to the date this Agreement is fully executed and delivered, shall be subject to and governed by the terms of this Agreement, to the extent that no prior contract is in place.
Prior Performance. Services performed by MGT pursuant to Client’s authorization, but before execution of this Agreement, shall be considered as having been performed pursuant to the terms and conditions of this Agreement.
Prior Performance. The grantee hereby accepts any satisfactory performance pursuant to the Contract, which may have occurred prior to the execution date of this Contract, provided such performance meets with the approval of the grantee.
Prior Performance. Services performed by Consultant pursuant to written LSO authorization, but before execution of this contract, shall be considered as having been performed subject to the provisions of this contract.
Prior Performance. Each party shall have performed in all material respects its respective obligations under this Agreement required to be performed by it prior to the Effective Time;
Prior Performance. Although Lender shall have no obligation to make any Advance unless and until all of the requirements and conditions precedent set forth herein have been satisfied, Lender, at its sole discretion, may make any Advance prior to that time without waiving or releasing any of the requirements or conditions precedent of this Agreement; Borrower shall continue to be strictly obligated to perform, and shall be subject to, all such requirements and conditions notwithstanding any such disbursement.
Prior Performance. Each of the Sellers and the Companies shall have performed in all material respects its respective obligations under this Agreement required to be performed by such Person prior to the Closing Date.
Prior Performance. Cornerstone, Purchaser and their respective Affiliates shall be authorized and entitled to use to the extent permitted by law any “prior performance” of any Seller or portfolio manager, including any of their prior performance that Cornerstone may have used during such Seller’s or portfolio manager’s tenure with Cornerstone and including any such prior performance which Cornerstone has claimed as its own prior performance during the time from Cornerstone’s inception or commencement of operations of its investment advisory business through the Closing. The Selling Shareholders agree to take all reasonable actions and to provide all reasonable assistance with the foregoing to the extent permitted by law.
Prior Performance. You understand that the past performance of any investments recommended by MCD should not be construed as an indication of future results, which may prove to be better or worse than the past. MCD makes no promises, representations, or warranties that any of its services will result in a profit to You.