Supplier’s Default. 12.3.2.1 In the event of any Supplier, under any standard warranty obtained by the Seller pursuant to Clause 12.3.1, defaulting in the performance of any material obligation with respect thereto and the Buyer submitting in reasonable time to the Seller reasonable proof that such default has occurred, then Clause 12.1 shall apply to the extent the same would have been applicable had such Supplier Part been a Warranted Part, except that the Supplier's warranty period as indicated in the Supplier Product Support Agreement shall apply.
Supplier’s Default. 12.3.2.1 *****
Supplier’s Default. 12.3.2.1 If any Supplier under any warranty referred to in Clause 12.3.1 defaults in the performance of any material obligation under such warranty with respect to a Supplier Part, the Buyer has used its best efforts to enforce its rights under such warranty, and the Buyer submits reasonable evidence, within a reasonable time, that such default has occurred, then Clause 12.1 of this Agreement will apply to the extent it would have applied had such Supplier Part been a Warranted Part, to the extent the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s warranty period indicated in the applicable Supplier Product Support Agreement will apply.
Supplier’s Default. 8.1.1 Subject to the exception set out in Article 8.1.2 hereof, the contractual penalty under Article 2.3.2 shall amount to 5% of the price of the delayed Goods or Service per each week of the delay. Such contractual penalties shall not exceed 20% of the price of the delayed Goods or Services.
Supplier’s Default. (a) If the Supplier commits a substantial breach of this Contract, the Customer may, by hand or by registered post, give the Supplier a written notice to show cause.
Supplier’s Default. 12.1. Supplier shall be in default of this Agreement if Supplier: (i) makes a general assignment for the benefit of creditors; (ii) files a voluntary petition for protection under the U.S Bankruptcy Code or has a receiver appointed for Supplier on account of its insolvency; (iii) fails to make any monetary payment within 5 days of receipt of written notice of failure to pay in accordance with the terms of the Contract Documents; or (iv) fails to perform any other obligation in accordance with the Contract Documents after being provided 30 days’ written notice of default and an opportunity to cure.
Supplier’s Default. 12.3.2.1 If any Supplier, under any standard warranty obtained by the Seller pursuant to this Clause 12.3, defaulting in the performance of any material obligation with respect thereto and subject to (i) the Buyer using its best efforts to enforce its rights under such Supplier Service Life Policy and (ii) the Buyer submitting in reasonable time to the Seller reasonable evidence that such default has occurred, then Clause 12.1 of this Agreement shall apply to the extent (i) the same would have been applicable had such Supplier Part been a Warranted Part, and (ii) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s warranty period as indicated in the Supplier Product Support Agreement will apply.
Supplier’s Default. If, during the Agreement Term, Supplier shall fail to perform any of its material obligations under this Agreement, which default shall continue for *** after written notice thereof by Client (or past the Salinity Cure Period under Section 5.3 hereof, if applicable), then Client, at its option, by written notice to Supplier may immediately terminate this Agreement. If the default however is of such nature that it cannot, with due diligence and adequate resources, be cured within ***, Client’s right to terminate shall be suspended during additional *** cure periods, up to a maximum of *** additional *** periods, as long as Supplier is diligently engaged with adequate resources in effecting a cure. At the time of termination of this Agreement by Client under this Section 13, Client shall pay Supplier for all services performed to the date of termination in accordance with Sections 3 and 4 hereof, and Supplier shall cease to provide water to Client and shall dismantle and remove the System from the Premises in accordance with Section 2.3 hereof at Supplier’s expense.
Supplier’s Default. 12.3.3.1 If, under a standard warranty, MTBUR guarantee or Service Life Insurance obtained by the Seller under the After-Sale Clauses of the General Conditions for the Procurement of Equipment, a Supplier fails to fulfil its obligations in respect of a material, workmanship or design defect in any accessory, equipment or part (other than the Engines, Cowlings, Accessories and Additional Engine Equipment) assembled on an Aircraft at the time of delivery, and provided that the Buyer furnishes the Seller with proof that such defect has appeared, the standard warranty and the MTBUR Guarantee or the Service Life Insurance, as applicable, set forth in Sections 12.1, 12.2 and 12.3.2 of the Agreement, will apply to the defect in question in the same way as if the accessory, equipment or part had been manufactured according to the detailed plans and/or the Specifications of the Seller, except with regard to the duration of the warranty, which will be the Supplier’s warranty period indicated in the Suppliers Product Support Agreement. At the Seller’s request, the Buyer will transfer all the rights to repair such defect arising from the above default to the Seller, which will then be subrogated towards the Supplier.
Supplier’s Default. 19.1 In the event of default by the Supplier in the performance of any obligation hereunder including, but not limited to, time of delivery and/or completion. or in the event it becomes apparent that delivery or completion cannot be accomplished within the time specified, or should the Supplier become insolvent, go into liquidation, bankruptcy, re-organization, enter into any other arrangement or proceeding relating to any form of insolvency, the Purchaser may, in addition to its other rights or remedies, terminate this Contract without penalty and/or liability, except for Goods or Works previously received and accepted, charging the Supplier for direct and reasonable losses and damages sustained by reason of such termination. In such circumstances, the Supplier shall ensure that full title to the Goods and/or Works transfers to the Purchaser.
