Cancellation and Changes. Recochem may, at any time, upon notice to Seller, without cause and without liability to Recochem, cancel or change the Order, in whole or part, prior to shipment. The Order may not be otherwise amended unless there is a written document signed by both parties. Notwithstanding any other provisions of these Terms, Recochem may terminate this Order immediately, without liability, and without limiting any of Recochem’s other rights or remedies, upon written notice to Seller if: (a) Seller is in breach of any of its obligations under these Terms; (b) Seller is in breach of any of its representations or warranties; (c) an action or claim against Seller may, in Recochem’s reasonable opinion, harm Seller’s continued business operations; (d) Seller becomes insolvent or bankrupt; or (e) either party is unable to carry out its obligations under the Order by reason of a force majeure event, meaning any delay or state of affairs beyond the control of a party which causes either party to be unable to fulfill, or to be delayed or restricted in the fulfillment of, an obligation.
Appears in 2 contracts
Samples: Purchase Agreement, Purchase Agreement
Cancellation and Changes. Recochem XXXX may, at any time, upon notice to Seller, without cause and without liability to RecochemXXXX, cancel or change the Order, in whole or part, prior to shipment. The Order may not be otherwise amended unless there is a written document signed by both parties. Notwithstanding any other provisions of these Terms, Recochem XXXX may terminate this Order immediately, without liability, and without limiting any of Recochem’s XXXX’x other rights or remedies, upon written notice to Seller if: (a) Seller is in breach of any of its obligations under these Terms; (b) Seller is in breach of any of its representations or warranties; (c) an action or claim against Seller may, in Recochem’s XXXX’x reasonable opinion, harm Seller’s continued business operations; (d) Seller becomes insolvent or bankrupt; or (e) either party is unable to carry out its obligations under the Order by reason of a force majeure event, meaning any delay or state of affairs beyond the control of a party which causes either party to be unable to fulfill, or to be delayed or restricted in the fulfillment of, an obligation.
Appears in 2 contracts
Samples: Purchase Agreement, Purchase Agreement