Common use of Breach by Supplier Clause in Contracts

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. 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 terminate 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. 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 fai lure 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.