Breach by Supplier. If Supplier breaches any material provision of the PO, Buyer may, at Buyer's option, without incurring any liability or prejudicing its other rights: (a) extend the time for performance; (b) cancel all or any portion of the PO, and/or (c) return all or any part of the Goods or terminat e all or any part of the Services. For Goods which are delivered late, Buyer may opt to receive a refund of any payments with respect to Goods cancelled by Buyer. Supplier shall not, however, be liable for any additional cost, loss, damage or liability of Buyer resulting from any delay in delivery or performance hereunder to the extent delivery or performance is made impossible by reason of unforeseeable causes beyond the reasonable control of Supplier which are not attributable in whole or in part to any act or failure to act by Supplier, provided Supplier uses its best efforts to deliver or perform in a timely manner; provided, however, that the foregoing shall not preclude Buyer's right to cancel the PO by reason of such delay in delivery or performance of the PO.
Breach by Supplier. 1. If the Supplier breaches any of its contractual obligations under this Agreement and fails to remedy that breach promptly and in any event within seven (7) days, then the Customer may by written notice to the Supplier terminate this Agreement. Upon termination of the Agreement, the Customer is only obliged to pay the Supplier for the Services actually provided.
Breach by Supplier. 25.1. Further to other provisions in this Agreement, failure by SUPPLIER to fulfil in a duly, complete and proper manner any duty, obligation, agreement, covenant, representation or warranty under the terms of this Agreement, which is not cured within a period of 15 (fifteen) days after the due date as set forth in the respective GC or Attachment is deemed to be a Breach.
25.2. Upon the occurrence of a Breach, SUPPLIER shall be liable to SODECIA for all damages, direct or indirect, including consequential damages, costs and expenses (including in inspecting, sorting, storing, reworking, repairing or replacing, resulting from production interruptions, conducting recall campaigns, customer field service actions or other corrective service actions), lost profits and non-pecuniary damages, notwithstanding the right to terminate the Agreement.
Breach by Supplier. 25.1. Further to other provisions in this Agreement, failure by SUPPLIER to fulfil in a duly, complete and proper manner any duty, obligation, agreement, covenant, representation or warranty under the terms of this Agreement, which is not cured within a period of 15 (fifteen) days after the due date as set forth in the respective GC or Attachment is deemed to be a Breach.
25.2. SUPPLIER takes full liability for all damages caused to SODECIA, Sodecia Group’s companies, customers or any third parties, resulting from a Breach notwithstanding the right to terminate the Agreement.
Breach by Supplier. If Supplier breaches any provision of this Order, BRIDGELUX may terminate the whole or any part of this Order, unless Supplier cures the breach within ten (10) working days after receipt of BRIDGELUX’S notice of breach.
Breach by Supplier. If the Supplier breaches any of its contractual obligations under this Agreement and fails to remedy that breach promptly and in any event within 7 days of being requested in writing by the Customer to remedy the breach, then the Customer may by written notice to the Supplier terminate this Agreement. Upon termination of the Agreement, the Customer is only obliged to pay the Supplier for the Contract Goods actually supplied to the Customer. The Supplier will be entitled, not withstanding such termination, to claim as a debt owing any amount due to the Supplier on termination and claim damages in respect of any loss sustained by the Supplier including loss of profits resulting from the breach.
Breach by Supplier. Breach by Supplier of the provisions of Sections 2.1, 3, 4.2, 5.1, 6.2, 6.3, 7.1 or 7.4 of this Undertaking shall be considered as fundamental breach of this Undertaking. Any other breach by Supplier of this Undertaking, which is not cured within 30 days of ICA's written demand (or an extended cure term as defined by the ICA, at its sole discretion) shall become a fundamental breach.
Breach by Supplier. If Supplier breaches any material provision of this PO, Buyer may terminate the whole or any part of this PO, unless Supplier cures the breach within ten (10) working days after receipt of Buyer’s notice of breach.
Breach by Supplier of any provision of this Clause 13 shall constitute a material breach of this Framework Agreement allowing PP to immediately terminate this Framework Agreement or any Business Agreement without notice and without any prior intervention of a court or tribunal.
