Cancellation by Seller Sample Clauses

Cancellation by Seller. 10 4.4 Payment on Delayed Shipments............................................................................10 4.5 Shipments...............................................................................................10 4.6

Cancellation by Seller. If, in the sole judgment of the Seller, the financial condition of the Distributor at any time does not justify continuation of production or delivery on the terms of payment specified herein, the Seller may require full or partial payment in advance, and, in addition, in the event any proceeding is brought by or against the Distributor under any bankruptcy or insolvency laws, the Seller shall be entitled to cancel any Orders then outstanding.

Cancellation by Seller. Seller may, by written notice to Buyer and without any liability, cancel Buyer's order if Buyer: i. fails to perform any of the terms and conditions hereof and does not cure such failure within a period of ten (10) days after receipt of written notice from Seller specifying such failure, provided, that, no such cure period shall apply to Buyer's failure to pay in a timely manner; ii. in Seller's opinion, has not established or maintained credit to meet promptly the payment terms of Seller's payment terms or has defaulted on the payment terms of any other transaction with Seller; iii. becomes insolvent, makes an assignment in favour of creditors, or becomes subject to any bankruptcy, dissolution or similar proceedings; or iv. is merged into, or all or a substantial part of its assets are sold to, another company.

Cancellation by Seller. Seller may terminate or cancel this Agreement, in whole or in part, at any time, with or without cause, by delivery of written notice to Buyer. 12.

Cancellation by Seller. 1.1.1. If any Order or Transaction is cancelled due to reasons attributable to the Seller, including unavailability of stock for the Products, delay in sourcing the Products and/or Product wrongly advertised or wrongly priced by the Seller, Mecan shall be entitled to impose on the Seller a monetary fine of RM50 for each cancelled Order or Transaction any and all of the penalties as set out in Schedule 5 (Penalties), at Mecan’s discretion. 1.1.2. In the event of cancellation pursuant to Paragraph 1.1.1, Mecan or the Seller (if the Seller’s Amount for cancelled Order or Transaction has been paid to the Seller), as the case may be, shall refund the Transaction Amount in full to the Buyer within three (3) Business Days of such cancellation.

Cancellation by Seller. Neither the manufacture nor shipment of goods pursuant to the Purchase Order is subject to deferment or cancellation by Seller unless Xxxxxx Xxxxx is indemnified against any and all loss, liability, cost, damage and expense (including reasonable attorneys’ fees) resulting therefrom.

Cancellation by Seller. Seller may cancel this Agreement by providing notice to Buyer as set forth herein immediately upon the occurrence of any of the following events (each such event, a "Buyer Event of Default"): (a) Buyer's failure to cure, within thirty (30) days following Seller's notice to Buyer, one or more of the following which, in Seller's opinion, will have or be likely to have a material adverse effect on Buyer's ability to perform its obligations hereunder: (i) a receiver, custodian, liquidator or trustee of Buyer, or of all or any of the property of Buyer, is appointed by court order and such order is consented to by Buyer or remains in effect for more than sixty (60) days after the commencement of such action, or (ii) an order for relief under any state or federal bankruptcy law is entered with respect of Buyer or Buyer is adjudicated a bankrupt or insolvent, or (iii) any of the property of Buyer is sequestered by court order and such order is consented to by Buyer or remains in effect for more than sixty (60) days after the commencement of such action, or (iv) a petition is filed by or against Buyer under any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, and is not dismissed within sixty (60) days after such filing; (b) Buyer's unexcused failure to take delivery of cargoes for which a Delivery Confirmation had been noticed, if such failure exceeds fifty percent (50%) of the total quantity confirmed by Seller for delivery during any period of three (3) consecutive Contract Years; (c) for each of three (3) consecutive Scheduling Years, (i) Seller's Requested Quantity for such Scheduling Year is equal to or greater than the Cubic Meter equivalent of twenty-nine (29) Bcf, and (ii) Seller's Adjusted Requested Quantity for the same Scheduling Year is less than the Cubic Meter equivalent of twenty-nine (29) Bcf; (d) there exists a material breach by Buyer in the performance of its obligations hereunder (other than an obligation to make payment or obligations that are otherwise specifically addressed in this Section 20.2 as separate Buyer Events of Default) and such breach is not remedied or cured within thirty (30) days after notice from Seller to Buyer; (e) there exists a material breach or a termination by El Paso Energy Corporation of its Parent Guaranty of Buyer's obligations under this Agreement or such Parent Guaranty is not delivered to Seller as r...

Cancellation by Seller. 1.1.1. If any Order or Transaction is cancelled due to reasons attributable to the Seller, including unavailability of stock for the Products, delay in sourcing the Products and/or Product wrongly advertised or wrongly priced by the Seller, the Transaction Amount will be refunded in full by: (a) Mecan (if the Seller’s Amount for the cancelled Order or Transaction has not been paid to the Seller); or (b) the Seller (if the Seller’s Amount for the cancelled Order or Transaction has been paid to the Seller), to the Buyer within three (3) Business Days of such cancellation. For the avoidance of doubt, it shall be the Seller’s obligation and liability at all times to refund the Transaction Amount to the Buyer in the event of cancellation pursuant to this Paragraph 1.1.1.

Cancellation by Seller. If Buyer fails or refuses to pay any payments or NSR royalties when due hereunder, or fails to perform any other terms, conditions or covenants, or any part thereof, as provided herein, and such default continues for a period of thirty (30) days after receipt by Buyer of Seller's notice thereof, Seller or its agents may re-enter and take possession of the Property and this Agreement shall be forthwith terminated; provided, however, that upon such termination, Buyer shall be liable for all accrued financial obligations under this Agreement. However, in the event the default is not related to payment of monies, then Buyer shall not be deemed in default if it commences efforts to cure such default within thirty (30) days after receipt of Seller's notice thereof.

Cancellation by Seller. Seller reserves the right to cancel all or part of any order at any time if, in the Seller’s reasonable judgment, the financial condition of the Buyer, or the status of the account, warrants such action. Buyer agrees to authorize its creditors to disclose to Seller information concerning Buyer’s credit worthiness, upon the Seller’s request.