IN PERFORMANCE. EI agrees to support the following activities as soon as the MSN profiling technology is commercially available and technically viable: EI will store user information in MSN User Profile Store. EI will implement EI's web pages to provide real time events logging to the MSN User Profile Store. EI will also provide click stream information to MSN IDSS nightly. EI will tag content pages using MSN's taxonomy. MSN agrees to provide EI reasonable consulting support to assist in the implementation process. MSN agrees to deliver targeted advertising in a similar manner as it treats other premium partners on MSN who participate in the profiling initiative.
IN PERFORMANCE. Neither Licensor nor Licensee shall be liable in damages or otherwise for any delay or default in performance under this License Agreement where such delay or default is due to any cause beyond its control or is caused by war, strikes, other labor trouble, shortage of labor or material, riots, fires, floods, public calamity, transportation difficulties, or by an act or omission of any governmental authority.
IN PERFORMANCE. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.1 (solely with respect to the existence of the Borrower), Section 8.13, Article IX (other than clauses (c), (e), (i), (l) and (n) of Section 9.4) or Article X; or
IN PERFORMANCE. Should the BORROWER come wholly or partly into arrears with his obligations to pay from the agreement hereto or the BANKS terminate pursuant to Number 14 of the agreement hereto because of delay in performance, the BANKS shall be entitled to assert an interest rate amounting to the interest rate settled under Number 4.1 plus 1.5% per annum for the period of time from the delay in performance until the amounts are received as damage caused by delayed performance. The claim to replacing further damage shall remain unaffected by this. The BORROWER shall be at liberty to prove that there is lesser damage. LAMBDANET CREDIT AGREEMENT page 23 of the agreement dated January 21, 2000
IN PERFORMANCE. In the event that the Work to be performed by Contractor is delayed without Contractor’s fault or for causes beyond Contractor’s control, Contractor, will, within seven calendar days after commencement of any condition which is causing or may cause delay, notify Owner in writing of the nature and causes of such delay. Should contractor fail to so notify Owner, Contractor shall be deemed to have waived all rights Contractor may have for an extension in time in the performance of Work. Contractor agrees that Contractor’s only remedy for delays which notice has been given as provided above shall be for an extension of time by the number of days by which Contractor has been delayed as determined in the sole and absolute discretion of the Owner, and that Contractor shall not be entitled to any recovery for loss, expense or damage resulting from any such delay.