Projections; Future Performance Clause Samples

Projections; Future Performance. Enterprise is an established provider of telecommunications services in the United States. Enterprise has elected to purchase Target on the basis of Target's historical financial performance, rather than on any projections prepared by Target or the Stockholders as to future performance, including, without limitation, any projections relative to future revenues, sales or profitability. Except as set forth in Section 3.9 with respect to the collection of Receivables (as to which in addition to any indemnification available pursuant to Section 9 hereof Enterprise has reserved and may apply the Escrow Amount in the event of any breach of such provision), neither Target nor any of the Stockholders makes any representation or warranty with respect to the future performance of the Target Business or with respect to the future condition (financial or otherwise), operations or prospects of Surviving Corporation One, Surviving Corporation Two or the Target Business. Notwithstanding the foregoing, the Stockholders acknowledge that inaccuracies in the representations and warranties or breaches of the covenants contained in this Agreement may affect the future performance of Surviving Corporation One, Surviving Corporation Two or the Target Business and, as a result, the Stockholders may have indemnification obligations pursuant to Section 9 hereof.
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Related to Projections; Future Performance

  • Work Performance ▇▇▇▇▇▇ agrees that all Services performed hereunder shall be performed on a best effort basis by employees, students, faculty, graduate assistants and staff having an appropriate experience and skill level and in compliance with the statement of work.

  • Software Performance HP warrants that its branded software products will conform materially to their specifications and be free of malware at the time of delivery. HP warranties for software products will begin on the date of delivery and unless otherwise specified in Supporting Material, will last for ninety (90) days. HP does not warrant that the operation of software products will be uninterrupted or error-free or that software products will operate in hardware and software combinations other than as authorized by HP in Supporting Material.

  • Annual Performance Review The Employee’s performance of his duties under this Agreement shall be reviewed by the Board of Directors or a committee of the Board of Directors at least annually and finalized within thirty (30) days of the receipt of the annual audited financial statements. The Board of Directors or a committee of the Board of Directors shall additionally review the base salary, bonus and benefits provided to the Employee under this Agreement and may, in their discretion, adjust the same, as outlined in Addendum B of this Agreement, provided, however, that Employee’s annual base salary shall not be less than the base salary set forth in Section 4(A) hereof.

  • Performance Reports None Specified

  • Continuing Performance In the event of a dispute, the Owner and the Developer agree to continue their respective performance hereunder to the extent feasible in light of the dispute, including paying ▇▇▇▇▇▇▇▇, and such continuation of efforts and payment of ▇▇▇▇▇▇▇▇ shall not be construed as a waiver of any legal right.