Buyer Remedies. (a) Buyer’s sole and exclusive remedies for Seller’s indemnity obligations under Section 13.2(c) shall be Buyer’s right to satisfy claims with respect to such obligations from the Indemnity Escrow Amount; provided, however, that except for obligations arising out of matters for which Buyer timely delivered notice pursuant to Section 13.4 before the first anniversary of the Closing Date, Buyer shall have no right to receive any amount from the Indemnity Escrow Amount after the first anniversary of the Closing Date to satisfy Seller’s indemnity obligations under Section 13.2(c).
Buyer Remedies. Upon the occurrence and during the continuance of an Event of Default where Seller is the Defaulting Party (a “Seller Event of Default”), Buyer shall have all rights available to it at law and in equity; however, notwithstanding the foregoing, it is agreed that Buyer shall have the right to Terminate the applicable Agreement as a result of a Seller Event of Default only in the event such Seller Event of Default is a monetary Event of Default or a material non-monetary Event of Default that has resulted in substantial harm, economically or otherwise, to Buyer (each such default being a “Seller Termination Default”). In the event any Seller Termination Default remains uncured following any applicable notice and cure period, Buyer shall have the right to provide Seller with written notice of its intent to Terminate the applicable Agreement or exercise the Purchase Option. In the event such specified Seller Termination Default and any other subsequent termination event is not cured within forty-five (45) days of Seller’s receipt of such notice of intent to Terminate (which notice shall specify the exact Seller Termination Default and any other being claimed) then thereafter, and only thereafter, Buyer shall have the right, without the obligation to make a Termination Payment, to (i) Terminate the applicable Agreement as of such date by providing written notice of such Termination to Seller or (ii) exercise the Purchase Option. Upon Termination of any Agreement, Seller shall remove the SEF as set forth herein.
Buyer Remedies. Scope of the Buyer's Remedies. Seller's only liability with respect to the Goods sold under this Contract will be, at Seller's option: to repair or to replace those Goods that do not meet the limited warranty stated in this Contract; to refund some or all of the purchase price of those Goods; or to allow credit for some or all of those Goods. Seller's total liability arising in any way from the Goods sold under this Contract shall not in any case exceed the purchase price paid by the Buyer for those Goods. BUYER ACKNOWLEDGES THAT THE REMEDY EXPRESSED IN THIS PARAGRAPH IS ITS SOLE AND EXCLUSIVE REMEDY UNDER ANY AND ALL CIRCUMSTANCES.
Buyer Remedies. Supplier’s only liability with respect to the Goods shall be, at Supplier’s option: to repair or to replace those Goods that do not meet the limited warranty stated herein; to refund some, or all, of the purchase price of those Goods; or to allow credit for some or all of those Goods. The place of repair shall be decided by agreement between Supplier and Buyer. Any field repair services performed by Supplier’s personnel at Buyer’s site shall be performed in a good, workmanlike manner in accordance with industry standards. The repair labor and parts costs are warranted for a period of ninety (90) days after completion of the service provided. Buyer shall be responsible for all expenses, other than on-site labor and parts, that Supplier incurs in execution of repair. Repair services at the factory shall be performed in a good, workmanlike manner in accordance with industry standards. The repair labor and parts costs are warranted for a period of ninety (90) days after completion of the service provided. Buyer shall be responsible for packaging, suitable for the entire transportation, and the transportation costs to the factory, FOB destination. Supplier shall be responsible for return transportation costs in Buyers packaging. Supplier’s total liability arising in any way from the Goods sold shall not in any case exceed the purchase price paid by the Buyer for those Goods.
Buyer Remedies. 4.5.1. If Buyer is notified or otherwise first becomes aware of a breach of any of the foregoing Seller representations and warranties prior to or at the Closing, Buyer’s sole right and remedy with respect to such breach shall be to terminate this Agreement within five (5) days after Buyer is so notified or otherwise first becomes aware of such breach. In the event of such termination, the Escrow Holder shall terminate the Escrow and return the Xxxxxxx Money Deposit to Buyer and, except as otherwise expressly provided in this Agreement, neither party shall thereafter have any further rights or obligations under this Agreement; Seller shall be responsible for payment to the Escrow Holder of the Escrow fees and charges related to termination, if any. Buyer shall have no right to seek damages for any breach of any Seller representations and warranties of which Buyer is notified or otherwise first becomes aware prior to or at the Closing.
Buyer Remedies. Upon the occurrence and during the continuance of an Event of Default, each Buyer, at its option (which option shall be deemed to have been exercised immediately upon the occurrence of an Event of Default pursuant to Section 7(d) or (e) hereof and shall be deemed to be an election to exercise the right described in clause (b) of this Section 8), shall have any or all of the following rights and remedies, which may be exercised by such Buyer:
Buyer Remedies. In the event of a Seller Event of Default, Buyer shall be entitled to terminate this Agreement. This shall be the sole and exclusive remedy of Buyer for a Seller Event of Default. EXECUTED AS OF THE EFFECTIVE DATE. BUYER:
Buyer Remedies. Notwithstanding anything to the contrary in Section 13(c) of the Agreement, in the event Seller is in default under the Agreement, Buyer shall, after a TCO is issued, be entitled to seek specific performance of Seller’s obligations in addition to the other remedies set forth in such Section.
Buyer Remedies. If any representation or warranty of the Seller in this Option Purchase Agreement proves untrue, if the Seller breaches any covenant of the Seller under this Option Purchase Agreement, or the Seller fails to consummate the transactions contemplated in this Option Purchase Agreement for any reason other than Buyer’s default or the failure of any conditions precedent to the Seller’s obligations set forth in this Option Purchase Agreement to be satisfied, Buyer shall be entitled to seek specific performance of this Option Purchase Agreement or to cancel and terminate this Option Purchase Agreement, and the Inspection Documents shall be returned to the Seller and, except as otherwise expressly set forth herein, the parties shall be relieved of their respective rights and obligations hereunder. The waiver by Buyer of any condition, or the breach of any term, covenant or condition contained in this Option Purchase Agreement, shall not be deemed to be a waiver of any other condition, or of any subsequent breach of any term, covenant or condition contained in this Option Purchase Agreement.
Buyer Remedies. All rights and remedies of Buyer set forth in this Purchase Order, or existing at law or in equity, shall be cumulative and may be exercised concurrently.
