Substitution of Performance Clause Samples

The Substitution of Performance clause allows one party to fulfill its contractual obligations by providing an alternative form of performance, rather than the originally specified action or deliverable. For example, if a supplier cannot deliver a particular product, they may instead provide a comparable substitute or arrange for a third party to perform the obligation. This clause provides flexibility in contract execution, ensuring that the contract's purpose can still be achieved even if the original terms cannot be met exactly, thereby reducing the risk of breach and facilitating continued business relationships.
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Substitution of Performance. Notwithstanding any other provision of this Agreement, if Arcelor or either Manufacturer is the Affected Party and notifies Noble BV of an event of Force Majeure, Noble BV or the applicable Purchaser may cancel any outstanding purchase order to such Manufacturer which is the subject of the event of Force Majeure, and such Purchaser may purchase the Products which are the subject of such order from a competitor. Products purchased from a competitor under this Section 7.4 shall be deemed purchased from a Manufacturer for purposes of Noble BV’s purchase obligation in Section 2.3.
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Substitution of Performance. If Lessee shall fail to do anything required to be done by it under the terms of this Agreement, except to pay rent and other charges, Lessor may, after thirty (30) days written notice to Lessee, at Lessor’s sole option, do such act or thing on behalf of Lessee, and upon notification of the cost thereof to Lessor, Lessee shall promptly pay to Lessor the amount of that cost.
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Substitution of Performance. Notwithstanding any other provision of this Agreement, if Arcelor Auto is the Affected Party and notifies Noble of an event of Force Majeure, Noble may cancel any outstanding purchase order to Arcelor Auto which is the subject of the event of Force Majeure, and Noble may purchase the Products which are the subject of such order from a competitor. Products purchased from a competitor under this Section 18.4 shall be deemed purchased from Arcelor Auto for purposes of Noble’s purchase obligation in Section 2.2.
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Substitution of Performance. Notwithstanding any other provision of this Agreement, if Arcelor Commercial is the Affected Party and notifies Noble BV of an event of Force Majeure, Noble BV may cancel any outstanding purchase order to Arcelor Commercial which is the subject of the event of Force Majeure, and Noble BV may purchase the Products which are the subject of such order from a competitor. Products purchased from a competitor under this Section 18.4 shall be deemed purchased from Arcelor Commercial for purposes of Noble BV’s purchase obligation in Section 2.2.
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Related to Substitution of Performance

  • Manner of Performance Subject to the provisions of Article XII hereof, the Contractor shall perform all of the Work described in the Statement of Work, or cause such Work to be performed in an efficient and expeditious manner and in accordance with all of the terms and provisions of this Agreement. The Contractor shall perform the Work in accordance with the current professional standards and with the diligence and skill expected for the performance of work of the type described in the Statement of Work. The Contractor shall furnish such personnel and shall procure such materials, machinery, supplies, tools, equipment and other items as may reasonably be necessary or appropriate to perform the Work in accordance with this Agreement.

  • Resumption of Performance During the period that a Force Majeure Event is subsisting, the Affected Party shall, in consultation with the other Parties, make all reasonable efforts to limit or mitigate the effects of such Force Majeure Event on the performance of its obligations under the PPA. The Affected Party shall also make efforts to resume performance of its obligations under this Agreement as soon as possible and upon resumption, shall notify other Parties of the same in writing. The other Parties shall afford all reasonable assistance to the Affected Party in this regard.

  • Review of Performance The Board of Directors shall periodically review and evaluate the performance of Employee under this Employment Agreement with Employee.

  • Monitoring of Performance Vendor shall continuously monitor and record its performance to ensure that all of Vendor's responsibilities and obligations hereunder are being met and fulfilled. Citizens may conduct programmatic and other administrative contract monitoring during the term of this Agreement. The purpose of this monitoring is to ensure that all of Vendor's responsibilities and obligations are being met and fulfilled. Such monitoring may include on-site visits, report reviews, invoice reviews, compliance reviews, and a review of any other areas reasonably necessary. Vendor acknowledges and agrees that Citizens may also monitor and record Vendor Staff communications to the extent they occur within or are connected to any Citizens’ resource, such as electronic or telecommunications systems.

  • Suspension of Performance Notwithstanding any other provision hereof, if an Event of Default or a Potential Event of Default has occurred and is continuing, the Non-Defaulting Party, upon written notice to the Defaulting Party, has the right (i) to suspend performance under any or all Transactions and (ii) to the extent an Event of Default has occurred and is continuing, to exercise any remedy available at law or in equity, except as limited be Section 5.7.