A tender of performance occurs when the party, with manifest present ability and willingness to perform, offers to complete the performance. Any actions arising out of this Agreement or the obligations securing performance under this.This COMMONWEALTH'S DEVELOPMENT OPPORTUNITY FUND GRANT. PERFORMANCE AGREEMENT (this "Agreement") is made on the date of full execution (the. 1. To provide and maintain security satisfactory to the County to secure performance of this Agreement. This Agreement shall be administered and interpreted in accordance with the laws of the. Commonwealth of Virginia. THIS PERFORMANCE AGREEMENT (the "Agreement") is entered into. Performance Agreement. To fill out this document, first read each section thoroughly to understand the requirements.