(b) Standard of Performance. Notwithstanding anything to the contrary in this Agreement, CARVANA understands and agrees that (i)the Provider and its subsidiaries are not in the business of providing to third parties services such as those provided under this Agreement, (ii)accordingly, the standard of performance to which each Provider will be accountable under this Agreement will be the use of commercially reasonable efforts to achieve a comparable level of service as the Provider provides to its own internal organization with respect to its business and affairs, subject to applicable Law, and in any event no greater than the level of service provided by Service Recipient or its Affiliates to the Business immediately before the Closing and (iii)under no circumstance will the Provider or any of its employees or contractors be held to a higher standard of performance.
03/01/2017 (CARVANA CO.)
Section 2.2 Standard of Performance. FHB and FHI, as applicable, shall provide the Services (i) in good faith, in a professional, timely and workmanlike manner, (ii) in the same form in which such Services were provided prior to the Effective Date, if applicable, and (iii) with the same standard of care that they utilize in connection with their own similar activities.
07/08/2016 (FIRST HAWAIIAN, INC.)
SECTION 3.01Standard of Performance.The Administrative Agent will devote the same amount of time, attention and resources to and will be required to exercise the same level of skill, care and diligence in the performance of its services as it would if it were administering such services on its own behalf (the “Standard of Performance”).
11/07/2018 (WILLIS LEASE FINANCE CORP)
Section9.3.Standard of Performance and Other Matters. (a)Standard of Performance. A Trustee shall perform his or her duties as a Trustee, including the duties as a member of a committee of the Trustees on which the Trustee serves, in good faith and in a manner that the Trustee believes to be in the best interests of the Trust. A Trustee shall be required to perform his or her duties as a Trustee only in accordance with such standard of performance, and no different or additional standard, whether under this Declaration or otherwise, shall be deemed to apply to a Trustees performance of his or her duties as a Trustee. This provision establishes the standard of performance required of a Trustee in performing his or her duties as a Trustee as permitted by Section12-402(c) of the Maryland Act.
11/04/2019 (ActiveShares ETF Trust)
3.1 Standard of Performance. Manager shall have the right, consistent with and subject to the provisions of this Agreement and the Company Agreement, to determine, the method, manner and means by which the Services will be performed. MANAGER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES.
05/06/2019 (Tectonic Financial, Inc.)
2.05 Standard of Performance. Tectonic shall use its best efforts to perform its obligations under this Agreement, including, without limitation, by acting in an ethical, truthful, and appropriate manner in performing the services contemplated by this Agreement.
05/06/2019 (Tectonic Financial, Inc.)
3.1Standard of Performance. The Party will perform and/or supervise subcontractors to perform the Services in a competent and professional manner.
12/19/2017 (EYENOVIA, INC.)
4. Standard of Performance. Event Organizer shall use its best reasonable efforts to perform the Event Services as an advisor to the Company in an efficient, trustworthy and professional manner. Event Organizer shall perform the Event Services to the sole satisfaction of, and in conjunction and cooperation with, the Company.
07/01/2020 (EVENTIKO INC)
Section1.03. Standard of Performance. Service Provider shall provide the Services with a standard of care, skill, priority, frequency, timeliness and diligence consistent with the manner in which the Services were provided to Service Recipient and its Subsidiaries over the period from January1, 2018 to the Closing Date. Service Provider shall assign sufficient resources and qualified personnel as are reasonably required to perform the Services in accordance with the standards set forth in the preceding sentence. Except as provided in this Section1.03, Service Provider makes no warranties of any kind, express or implied, with respect to any Service provided hereunder.
06/08/2018 (ESSENDANT INC)
2.6Standard of Performance. STRX shall devote such time and efforts to the affairs of the CLIENT as is reasonably necessary to render the services contemplated by this Agreement. Any work or task of STRX provided for herein which requires CLIENT to provide certain information to assist STRX in completion of the work shall be excused (without effect upon any obligation of CLIENT) until such time as CLIENT has fully provided all information and cooperation necessary for STRX to complete the work. The services of STRX shall not include the rendering of any legal opinions or the performance of any work that is in the ordinary purview of a certified public accountant, or other licensed professional. STRX cannot guarantee results on behalf of CLIENT, but shall use commercially reasonable efforts in providing the services listed above. If an interest is communicated to STRX regarding satisfying all or part of CLIENT's business and corporate strategic planning needs, STRX shall notify CLIENT and advise it as to the source of such interest and any terms and conditions of such interest.
05/31/2016 (ShiftPixy, Inc.)
(c) Key Personnel and Standard of Performance. Consultant/Licensor represents and warrants that: (i) the services will be performed with that degree of skill and care generally observed by companies performing the same or similar services and (ii) the services will be provided in compliance with all applicable statutes, acts, ordinances, laws, rules, regulations, codes and standards.
05/06/2020 (GUGGENHEIM DEFINED PORTFOLIOS, SERIES 2004)
The financial results in this news release include references to cash flow per share, cash cost per silver equivalent ounce, and all-in sustaining cash cost per silver equivalent ounce, each of which are non-IFRS measures. Cash flow per share, cash cost per ounce, and all-in sustaining cash cost per ounce are measures developed by mining companies in an effort to provide a comparable standard of performance. However, there can be no assurance that our reporting of these non-IFRS measures is similar to that reported by other mining companies. Cash flow per share, cash cost per silver equivalent ounce, and all-in sustaining cash cost per silver equivalent ounce are measures used by the Company to manage and evaluate operating performance of the Company's mining operations, and are widely reported in the silver and gold mining industry as benchmarks for performance, but do not have standardized meanings prescribed by IFRS, and are disclosed in addition to the prescribed IFRS measures provided in the Company's financial statements and MD&A.
08/18/2016 (AVINO SILVER & GOLD MINES LTD)
4. STANDARD OF PERFORMANCE. Consultant shall devote such time and efforts to the affairs of the Company as is reasonably necessary to render the services contemplated by this Agreement. Consultant is not responsible for the performance of any services that may be rendered hereunder if the Company fails to provide the requested information in writing prior thereto. The services of Consultant shall not include the rendering of any legal opinions or the performance of any work that is in the ordinary purview of a certified public accountant. Consultant cannot guarantee results on behalf of the Company, but shall use commercially reasonable efforts in providing the services listed above. Consultant’s duty is to identify prospective acquisition/joint venture companies for the Company. Consultant will in no way act as a “broker-dealer” under state securities laws. Because all final decisions pertaining to any particular investment are to be made by the Company, the Company may be required to communicate directly with potential acquisition/joint venture prospective companies.
03/18/2020 (Deep Green Waste & Recycling, Inc.)
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