Additional Consequences of Termination. Upon the expiration or termination (including cancellation) of the PO or the Agreement for any reason each party will immediately stop using, and destroy or return to the other party, all items that contain any Confidential Information belonging to the other party, except Buyer may retain one copy of any Confidential Information necessary for the purpose of supporting the Equipment. Upon termination of the PO or the Agreement, Supplier will: (a) promptly terminate all work under the Agreement; (b) upon instruction from Buyer, transfer title and deliver to Buyer the Equipment free and clear of liens, claims and encumbrances; (c) verify and settle any claims by subcontractors for actual costs incurred directly as a result of the termination and ensure the recovery of materials in subcontractors’ possession; (d) take actions reasonably necessary to protect property in Supplier’s possession in which Xxxxx has an interest until disposal instruction from Buyer has been received; and (e) upon Buyer’s request, cooperate with Buyer in transferring the production of Equipment to a different supplier. Notwithstanding any other provision, Buyer will have no obligation for and will not be required to pay Supplier, directly or on account of claims by Supplier’s subcontractors, for loss of anticipated profit, unabsorbed overhead, interest on claims, product development and engineering costs, tooling, facilities and equipment rearrangement costs or rental, unamortized capital or depreciation costs, finished goods, work-in-process or raw materials that Supplier fabricates or procures, or general administrative burden charges from termination of the PO or the Agreement, except as otherwise expressly agreed in writing by Xxxxx. Supplier will furnish to Buyer, within one month after the date of termination, its termination claim, which will consist exclusively of the items of Buyer’s obligation to Supplier that are expressly permitted by this Section and GTCs. Buyer may audit Supplier’s records before or after payment to verify amounts requested in Supplier’s termination claim. Buyer will have no obligation for payment to Supplier under this Section if Buyer terminates the PO or the Agreement or any portion thereof because of a default or breach by Supplier.
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Samples: www.jabil.com, www.jabil.com, www.jabil.com
Additional Consequences of Termination. Upon the expiration or termination (including cancellation) of the this PO or the Agreement for any reason each party will immediately stop using, and destroy or return to the other party, all items that contain any Confidential Information belonging to the other party, except Buyer may retain one (1) copy of any Confidential Information necessary for the purpose of supporting the Equipment. Upon termination or cancellation of the PO or the Agreementthis PO, Supplier will: (a) promptly terminate all work under the AgreementPO; (b) upon instruction from Buyer, transfer title and deliver to Buyer the finished Equipment free and clear of liens, claims and encumbrances; (c) verify and settle any claims by subcontractors for actual costs incurred directly as a result of the termination and ensure the recovery of materials in subcontractors’ possession; (d) take actions reasonably necessary to protect property in Supplier’s possession in which Xxxxx has an interest until disposal instruction from Buyer has been received; and (e) upon Buyer’s request, cooperate with Buyer in transferring the production of Equipment to a different supplier. Notwithstanding any other provision, Buyer will have no obligation for and will not be required to pay Supplier, directly or on account of claims by Supplier’s subcontractors, for loss of anticipated profit, unabsorbed overhead, interest on claims, product development and engineering costs, tooling, facilities and equipment rearrangement costs or rental, unamortized capital or depreciation costs, finished goods, work-in-process or raw materials that Supplier fabricates or procures, or general administrative burden charges from termination of the PO or the AgreementPO, except as otherwise expressly agreed in writing a separate PO issued by Xxxxx. Supplier will furnish to Buyer, within one (1) month after the date of termination, its termination claim, which will consist exclusively of the items of Buyer’s obligation to Supplier that are expressly permitted by this Section and GTCs10. Buyer may audit Supplier’s records before or after payment to verify amounts requested in Supplier’s termination claim. Buyer will have no obligation for payment to Supplier under this Section 10. if Buyer terminates the PO or the Agreement or any portion thereof because of a default or breach by Supplier.
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Samples: www.jabil.com, www.jabil.com
Additional Consequences of Termination. Upon the expiration or termination (including cancellation) of the this PO or the Agreement for any reason each party will immediately stop using, and destroy or return to the other party, all items that contain any Confidential Information belonging to the other party, except Buyer may retain one copy of any Confidential Information necessary for the purpose of supporting the Equipment. Upon termination or cancellation of the PO or the Agreementthis PO, Supplier will: (a) promptly terminate all work under the AgreementPO; (b) upon instruction from Buyer, transfer title and deliver to Buyer the finished Equipment free and clear of liens, claims and encumbrances; (c) verify and settle any claims by subcontractors for actual costs incurred directly as a result of the termination and ensure the recovery of materials in subcontractors’ possession; (d) take actions reasonably necessary to protect property in Supplier’s possession in which Xxxxx has an interest until disposal instruction from Buyer has been received; and (e) upon Buyer’s request, cooperate with Buyer in transferring the production of Equipment to a different supplier. Notwithstanding any other provision, Buyer will have no obligation for and will not be required to pay Supplier, directly or on account of claims by Supplier’s subcontractors, for loss of anticipated profit, unabsorbed overhead, interest on claims, product development and engineering costs, tooling, facilities and equipment rearrangement costs or rental, unamortized capital or depreciation costs, finished goods, work-in-process or raw materials that Supplier fabricates or procures, or general administrative burden charges from termination of the PO or the AgreementPO, except as otherwise expressly agreed in writing a separate PO issued by Xxxxx. Supplier will furnish to Buyer, within one month after the date of termination, its termination claim, which will consist exclusively of the items of Buyer’s obligation to Supplier that are expressly permitted by this Section and GTCs11. Buyer may audit Supplier’s records before or after payment to verify amounts requested in Supplier’s termination claim. Buyer will have no obligation for payment to Supplier under this Section 11 if Buyer terminates the PO or the Agreement or any portion thereof because of a default or breach by Supplier.
Appears in 2 contracts
Samples: www.jabil.com, www.jabil.com
Additional Consequences of Termination. Upon the expiration or termination (including cancellation) of the this PO or the Agreement for any reason each party will immediately stop using, and destroy or return to the other party, all items that contain any Confidential Information belonging to the other party, except Buyer may retain one copy of any Confidential Information necessary for the purpose of supporting the Equipment. Upon termination or cancellation of the PO or the Agreementthis PO, Supplier will: (a) promptly terminate all work under the AgreementPO; (b) upon instruction from Buyer, transfer title and deliver to Buyer the finished Equipment free and clear of liens, claims and encumbrances; (c) verify and settle any claims by subcontractors for actual costs incurred directly as a result of the termination and ensure the recovery of materials in subcontractors’ possession; (d) take actions reasonably necessary to protect property in Supplier’s possession in which Xxxxx Buyer has an interest until disposal instruction from Buyer has been received; and (e) upon Buyer’s request, cooperate with Buyer in transferring the production of Equipment to a different supplier. Notwithstanding any other provision, Buyer will have no obligation for and will not be required to pay Supplier, directly or on account of claims by Supplier’s subcontractors, for loss of anticipated profit, unabsorbed overhead, interest on claims, product development and engineering costs, tooling, facilities and equipment rearrangement costs or rental, unamortized capital or depreciation costs, finished goods, work-in-process or raw materials that Supplier fabricates or procures, or general administrative burden charges from termination of the PO or the AgreementPO, except as otherwise expressly agreed in writing a separate PO issued by XxxxxBuyer. Supplier will furnish to Buyer, within one month after the date of termination, its termination claim, which will consist exclusively of the items of Buyer’s obligation to Supplier that are expressly permitted by this Section and GTCs11. Buyer may audit Supplier’s records before or after payment to verify amounts requested in Supplier’s termination claim. Buyer will have no obligation for payment to Supplier under this Section 11 if Buyer terminates the PO or the Agreement or any portion thereof because of a default or breach by Supplier.
Appears in 2 contracts
Samples: www.jabil.mx, www.jabil.com
Additional Consequences of Termination. Upon the expiration or termination (including cancellation) of the PO or the Supply Agreement for any reason each party will immediately stop using, and destroy or return to the other party, all items that contain any Confidential Information belonging to the other party, except Buyer may retain one copy of any Confidential Information necessary for the purpose of supporting the Equipment. Upon termination of the PO or the Supply Agreement, Supplier will: (a) promptly terminate all work under the Supply Agreement; (b) upon instruction from Buyer, transfer title and deliver to Buyer the Equipment free and clear of liens, claims and encumbrances; (c) verify and settle any claims by subcontractors for actual costs incurred directly as a result of the termination and ensure the recovery of materials in subcontractors’ possession; (d) take actions reasonably necessary to protect property in Supplier’s possession in which Xxxxx has an interest until disposal instruction from Buyer has been received; and (e) upon Buyer’s request, cooperate with Buyer in transferring the production of Equipment to a different supplier. Notwithstanding any other provision, Buyer will have no obligation for and will not be required to pay Supplier, directly or on account of claims by Supplier’s subcontractors, for loss of anticipated profit, unabsorbed overhead, interest on claims, product development and engineering costs, tooling, facilities and equipment rearrangement costs or rental, unamortized capital or depreciation costs, finished goods, work-in-process or raw materials that Supplier fabricates or procures, or general administrative burden charges from termination of the PO or the Supply Agreement, except as otherwise expressly agreed in writing by Xxxxx. Supplier will furnish to Buyer, within one month after the date of termination, its termination claim, which will consist exclusively of the items of Buyer’s obligation to Supplier that are expressly permitted by this Section 11 and GTCs. Buyer may audit Supplier’s records before or after payment to verify amounts requested in Supplier’s termination claim. Buyer will have no obligation for payment to Supplier under this Section 11 if Buyer terminates the PO or the Supply Agreement or any portion thereof because of a default or breach by Supplier.
Appears in 1 contract
Samples: www.jabil.com
Additional Consequences of Termination. Upon the expiration or termination (including cancellation) of the PO or the Supply Agreement for any reason each party will immediately stop using, and destroy or return to the other party, all items that contain any Confidential Information belonging to the other party, except Buyer may retain one copy of any Confidential Information necessary for the purpose of supporting the Equipment. Upon termination of the PO or the Supply Agreement, Supplier will: (a) promptly terminate all work under the Supply Agreement; (b) upon instruction from Buyer, transfer title and deliver to Buyer the Equipment free and clear of liens, claims and encumbrances; (c) verify and settle any claims by subcontractors for actual costs incurred directly as a result of the termination and ensure the recovery of materials in subcontractors’ possession; (d) take actions reasonably necessary to protect property in Supplier’s possession in which Xxxxx Buyer has an interest until disposal instruction from Buyer has been received; and (e) upon Buyer’s request, cooperate with Buyer in transferring the production of Equipment to a different supplier. Notwithstanding any other provision, Buyer will have no obligation for and will not be required to pay Supplier, directly or on account of claims by Supplier’s subcontractors, for loss of anticipated profit, unabsorbed overhead, interest on claims, product development and engineering costs, tooling, facilities and equipment rearrangement costs or rental, unamortized capital or depreciation costs, finished goods, work-in-process or raw materials that Supplier fabricates or procures, or general administrative burden charges from termination of the PO or the Supply Agreement, except as otherwise expressly agreed in writing by XxxxxBuyer. Supplier will furnish to Buyer, within one month after the date of termination, its termination claim, which will consist exclusively of the items of Buyer’s obligation to Supplier that are expressly permitted by this Section 11 and GTCs. Buyer may audit Supplier’s records before or after payment to verify amounts requested in Supplier’s termination claim. Buyer will have no obligation for payment to Supplier under this Section 11 if Buyer terminates the PO or the Supply Agreement or any portion thereof because of a default or breach by Supplier.
Appears in 1 contract
Samples: General Terms
Additional Consequences of Termination. Upon the expiration or termination (including cancellation) of the PO or the Agreement for any reason each party will immediately stop using, and destroy or return to the other party, all items that contain any Confidential Information belonging to the other party, except Buyer may retain one copy of any Confidential Information necessary for the purpose of supporting the Equipment. Upon termination of the PO or the Agreement, Supplier will: (a) promptly terminate all work under the Agreement; (b) upon instruction from Buyer, transfer title and deliver to Buyer the Equipment free and clear of liens, claims and encumbrances; (c) verify and settle any claims by subcontractors for actual costs incurred directly as a result of the termination and ensure the recovery of materials in subcontractors’ possession; (d) take actions reasonably necessary to protect property in Supplier’s possession in which Xxxxx has an interest until disposal instruction from Buyer has been received; and (e) upon Buyer’s request, cooperate with Buyer in transferring the production of Equipment to a different supplier. Notwithstanding any other provision, Buyer will have no obligation for and will not be required to pay Supplier, directly or on account of claims by Supplier’s subcontractors, for loss of anticipated profit, unabsorbed overhead, interest on claims, product development and engineering costs, tooling, facilities and equipment rearrangement costs or rental, unamortized capital or depreciation costs, finished goods, work-in-process or raw materials that Supplier fabricates or procures, or general administrative burden charges from termination of the PO or the Agreement, except as otherwise expressly agreed in writing by Xxxxx. Supplier will furnish to Buyer, within one month after the date of termination, its termination claim, which will consist exclusively of the items of Buyer’s obligation to Supplier that are expressly permitted by this Section and GTCs. Buyer may audit Supplier’s records before or after payment to verify amounts requested in Supplier’s termination claim. Buyer will have no obligation for payment to Supplier under this Section if Buyer terminates the PO or the Agreement or any portion thereof because of a default or breach by Supplier.
Appears in 1 contract
Samples: www.jabil.mx