CANCELLATION LIABILITY. In the event SMC cancels any orders, or portions thereof, SMC and ABLECOM agree to the following cancellation terms provided that SMC’s liability shall be limited to the Long Lead Time Components. If SMC cancels orders or portions thereof within two (2) weeks prior to the shipment date, SMC shall be liable for and agrees to pay the actual cost for obsolete materials if ABLECOM can not re-allocate those raw materials for other usage, provided the costs for such obsolete materials have been pre-approved by SMC in writing. Where SMC issues a Rush Order that is not included in the forecast, SMC shall pay the extra fee which SMC has reviewed and approved.
CANCELLATION LIABILITY. In the event, SMC cancels any purchase orders, forecasting or portions thereof, SMC and Manufacturer agree to the following cancellation terms: # weeks from the forecast SMC cancellation liability A. **** weeks SMC is liable for **** of material cost
CANCELLATION LIABILITY. In the event SMC cancels any orders, or portions thereof, SMC and ABLECOM agree to the following cancellation terms provided that SMC’s liability shall be limited to the Long Lead Time Components. If SMC cancels orders or portions thereof within two (2) weeks prior to the shipment date, SMC shall be liable for and agrees to pay the actual cost for obsolete materials if ABLECOM can not re-allocate those raw materials for other usage, provided the costs for such obsolete materials have been pre-approved by SMC in writing. Where SMC issues a Rush Order that is not included in the forecast, SMC shall pay the extra fee which SMC has reviewed and approved. Completed Chassis Products # weeks from the delivery SMC cancellation liability **** SMC is liable for Material Cost **** SMC may cancel any orders scheduled without liability. Raw Materials: Power supply and fan. # weeks from the delivery SMC cancellation liability **** SMC is liable for Material Cost **** SMC may cancel any orders scheduled, but remains liable for Critical Component costs.
CANCELLATION LIABILITY. If, prior to the end of the term, (A) SECOM terminates the Service because of Customer's breach, or (B) if Customer terminates the Service and/or the Master Agreement for reasons other than those listed at the end of the section, then Customer will be responsible for paying SECOM a termination charge equal to (i) any installation charges or other charges or costs which have been incurred by SECOM in directly providing customer with the Service and which were waived by SECOM, plus (ii) the difference between the actual monthly recurring charges to Customer for the terminated Service and the monthly charges which Customer would have been payable to SECOM if the Master Agreement had been for month-to-month service, based on the most recent SECOM standard Service prices available, multiplied by the number of months the service was in use, plus (iii) 50% of remaining term of agreement, plus (iv) 100% of remaining term for wholesale circuit charges purchased by SECOM from other carriers, if required to complete the circuit. Customer shall not be liable for cancellation charges under the following conditions. (A) a breach of this Master Agreement by SECOM, or (B) if SECOM repeatedly fails to provide uninterrupted service (with an interruption being defined as without service at the Demarcation point for more than 4 hours for reasons other than listed in Paragraph 3 (Force Majeure) and fails to cure defects within 3 working days of written notice from Customer.
CANCELLATION LIABILITY. 10 6.6 CANCELLATION OF PURCHASE ORDERS BY HANDSPRING............................... 10 6.7
CANCELLATION LIABILITY. In the event Sprint cancels any Products ordered as part of any Purchase Order hereunder, Handspring and Sprint agree to the following cancellation terms: [*] In the event Sprint should cancel all or a portion of the Products included in a Purchase Order, Handspring and Sprint shall use reasonable commercial effort, and shall work together in good faith, in order to identify and pursue alternatives methods for inventory disposition, or other commercially available disposition techniques.
CANCELLATION LIABILITY. In the event Handspring cancels any purchase orders, or portions thereof, Handspring and Flextronics agree to the following cancellation terms: # days from the day of notice Handspring cancellation liability: ------------------- ---------------------------------- [*] [*] [*] [*] [*] [*] [*] [*]
CANCELLATION LIABILITY. AMO and its Affiliates may cancel all or any portion of any purchase order without liability of any kind, including without limitation payment for lost profits or for reimbursement of material or labor costs or other expenses, as follows: Number of days before Shipment Date Quantity of Product (per purchase order) that may be cancelled without liability ***** 0% ***** up to 50% ***** up to 100% ***** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. (all of the foregoing percentages, the “Cancellation Threshold”). For any quantity of Products cancelled in excess of the Cancellation Threshold, AMO’s and its Affiliates’ entire liability and the Supplier’s exclusive remedy for such cancellation shall be payment by AMO or its Affiliates to Supplier of a Cancellation Claim as provided herein below. Within ***** from the date of Supplier’s receipt of a Cancellation Notice, the Supplier shall submit a claim to AMO (or its Affiliate, if the Cancellation Notice was issued by such Affiliate), in accordance with generally accepted accounting principals, setting forth the price of any finished Products subject to the cancellation in excess of the Cancellation Threshold, and the following costs, if any, actually incurred by the Supplier as a result of cancellation in excess of the Cancellation Threshold: (i) the cost of work in progress (including labor performed); (ii) the cost of materials and components that could not be returned, reused or sold, (iii) the net loss on the sale of materials and components, and (iv) applicable restocking or cancellation fees charged to the Supplier by material and component vendors in an amount not to exceed ***** of the Supplier’s cost for such returned materials and components (all of the foregoing, a “Cancellation Claim”). All such costs included in a Cancellation Claim shall be at the Supplier’s actual cost without markup or profit. The amount of each Cancellation Claim shall be reduced by (a) any payments made to the Supplier on account of the cancelled purchase order, or any cancelled portion thereof, (b) any claims that AMO or its Affiliates may have against the Supplier, and (c) any net gain on the sale of materials and components as a result of cancellation. In no event shall the amount of any Cancellation Claim exceed the purchase price (as set forth in the applicable purchase orde...
CANCELLATION LIABILITY. 7.4.1 STR may, at any time, cancel all or any part of purchase orders placed with Manufacturer to the extent that Manufacturer has not commenced manufacturing the Licensed Products (or a portion of such Licensed Products) covered by such purchase order. To the extent that Manufacturer has not commenced manufacturing such Licensed Products (or portion thereof) and STR has delivered such written notice of termination, STR shall not be obligated to purchase the Licensed Products covered by such purchase order (or the portion of the Licensed Products not yet manufactured) and no other amounts shall be due and owing by STR to Manufacturer with respect to such cancelled purchase order.
CANCELLATION LIABILITY. In the event, Buyer cancels any Purchase Orders, or portions thereof, Buyer shall be fully responsible for all costs incurred by Manufacturer in reliance on the Buyer’s Purchase Order, unless Buyer cancels for reasons of a material breach of this Agreement by Manufacturer, wherein Parties will attempt to resolve any losses by mutual agreement prior to any judicial action.
