Common use of BUYERS REMEDY FOR NON-COMPLIANCE Clause in Contracts

BUYERS REMEDY FOR NON-COMPLIANCE. If Seller ships Product to Buyer or Buyer's customer in violation of Section 09.1 above then Buyer may, at its option, (1) terminate this contract in its entirety, (2) terminate its obligations within the contract for the Product or Products not in compliance (including terminating any outstanding Releases for such Products) without liability or consequence and without affecting any other Products that may be a part of this contract, (3) waive any or all of these compliance requirements for any Release of such Product(s) without waiving the requirement for full compliance of all other Products shipped if applicable, such waiver to be in accordance with Section 16.14., "WAIVER", (4) hold the Seller responsible for the reimbursement of all costs incurred by the Buyer or Buyer's customer, to include but not be limited to penalties, agency fees and shipping charges, for such non-compliant product.