Common use of C ancellation for non-delivery Clause in Contracts

C ancellation for non-delivery. If the Goods, Deliverables or Services are not delivered on the due date, Amgen may cancel the Agreement in whole or in part, and/or to refuse to accept any subsequent delivery of the Goods or Deliverables or Services which Supplier attempts to make, and/or, recover from Supplier any expenditure reasonably incurred by Amgen or any other Amgen Group member in obtaining the Goods or Deliverables or Services in substitution from another supplier, and/or, claim damages for any additional costs, loss or expenses incurred by Amgen which are in any way attributable to Supplier's failure to deliver the Goods or Deliverables or Services on the due date, without prejudice to any other rights which it may have. Amgen shall return to Supplier at Supplier's risk and expense any Goods already delivered which by reason of the non-delivery of the balance are not reasonably capable of use by Amgen, as determined in its reasonable discretion, in the ordinary course of Xxxxx's business, and Supplier shall immediately refund to Amgen any money paid by Amgen for or in respect of undelivered or returned Goods, and, Supplier shall pay to Amgen an amount equal to the excess (if any) over the agreed price for costs reasonably incurred by Amgen in buying other goods in place of the Goods, and, Amgen shall be under no other liability to Supplier for or in respect of rescission of the Agreement pursuant to the provisions of this clause. 8.3

C ancellation for non-delivery. If the Goods, Deliverables or Services are not delivered on the due date, Amgen may cancel the Agreement in whole or in part, and/or to refuse to accept any subsequent delivery of the Goods or Deliverables or Services which Supplier attempts to make, and/or, recover from Supplier any expenditure reasonably incurred by Amgen or any other Amgen Group member in obtaining the Goods or Deliverables or Services in substitution from another supplier, and/or, claim damages for any additional costs, loss or expenses incurred by Amgen which are in any way attributable to Supplier's failure to deliver the Goods or Deliverables or Services in substitution from another supplier, and/or, claim damages for any additional costs, loss or expenses incurred by Amgen which are in any way attributable to Supplier's failure to deliver the Goods or Deliverables or Services on the due date, without prejudice to any other rights which it may have. Amgen shall return to Supplier at Supplier's ’s risk and expense any Goods already delivered which by reason of the non-delivery of the balance are not reasonably capable of use by Amgen, as determined in its reasonable discretion, in the ordinary course of Xxxxx's ’s business, and Supplier shall immediately refund to Amgen any money paid by Amgen for or in respect of undelivered or returned Goods, and, Supplier shall pay to Amgen an amount equal to the excess (if any) over the agreed price for costs reasonably incurred by Amgen in buying other goods in place of the Goods, and, Amgen shall be under no other liability to Supplier for or in respect of rescission of the Agreement pursuant to the provisions of this clause. 8.3

C ancellation for non-delivery. If the Goods, Deliverables or Services are not delivered on the due date, Amgen may cancel the Agreement in whole or in part, and/or to refuse to accept any subsequent delivery of the Goods or Deliverables or Services which Supplier attempts to make, and/or, recover from Supplier any expenditure reasonably incurred by Amgen or any other Amgen Group member in obtaining the Goods or Deliverables or Services in substitution from another supplier, and/or, claim damages for any additional costs, loss or expenses incurred by Amgen which are in any way attributable to Supplier's failure to deliver the Goods or Deliverables or Services on the due date, without prejudice to any other rights which it may have. Amgen shall return to Supplier at Supplier's risk and expense any Goods already delivered which by reason of the non-delivery of the balance are not reasonably capable of use by Amgen, as determined in its reasonable discretion, in the ordinary course of Xxxxx's business, and Supplier shall immediately refund to Amgen any money paid by Amgen for or in respect of undelivered or returned Goods, and, Supplier shall pay to Amgen an amount equal to the excess (if any) over the agreed price for costs reasonably incurred by Amgen in buying other goods in place of the Goods, and, Amgen shall be under no other liability to Supplier for or in respect of rescission of the Agreement pursuant to the provisions of this clause. 8.3.