Cancellation of Purchase Order. Fujitsu reserves the right upon written notice to Supplier to cancel all or any part of this Purchase Order if this Purchase Order is not accepted by Supplier within 3 business days from the date of issue by Fujitsu, without incurring any liability whatsoever.
Cancellation of Purchase Order. 11.1 Without limiting the generality of the foregoing, the Buyer may, by giving written notice to Seller, terminate any Purchase Order issued pursuant hereto, in whole or in part, if at any time Buyer's customers terminate a related agreement, Purchase Order with Buyer for any reason.
11.2 After Seller's receipt of such notice of termination, Seller shall immediately terminate all work under Buyer's Purchase Order. Buyer's liability to Seller with respect to such termination shall be limited to (x)(i). The purchase price set forth in this Supply Contract for Products not salable to Seller's other customers or useable in Seller's other operations in the ordinary course of business over a reasonable period of time, (ii) Seller's verifiable incurred manufacturing costs for work in process at the date of notice of termination (not to exceed the number of Products ordered and reflected in the Forecast through the manufacturing interval) and (iii) Seller's purchase price of raw material and components necessary through forecasted lead time, including finished goods inventory not returnable or useable in Seller's other operations in the ordinary course of business over a reasonable period of time, minus (y) any salvage value thereof.
11.3 Buyer shall have no obligation to Seller if Buyer terminates its purchase se of Seller's default in accordance with the provisions of Article 11 hereof.
Cancellation of Purchase Order. IBM may cancel any and all Purchase Orders against this Agreement at any time. In the event IBM cancels Purchase Order as the result of MSL's default, no cancellation charge shall be applicable. IBM's termination of Purchase Orders for its convenience shall not relieve IBM of any cost reimbursements under the Price section.
Cancellation of Purchase Order. BUYER reserves the right to revise or cancel any Purchase Order, without penalty, where the cancellation is necessitated by changes in technology which are not incorporated in SELLER’s LCD Assembly, cancellations by BUYER’s customers for BUYER’s products which incorporate SELLER’s LCD Assembly, or a redesign of BUYER’s current configuration of instrumentation that house the LCD ASSEMBLY which redesign renders SELLER’s LCD Assembly incompatible, as determined by BUYER in its sole discretion, with BUYER’s products. For a cancellation by BUYER pursuant to this Section 2.5 to be without penalty, cancellation notice must be provided to SELLER at any time up to and including one hundred twenty (120) days prior to the scheduled shipment date as set forth in the applicable Purchase Order. To the extent that such notice is not sent at least one hundred twenty (120) days prior to the scheduled shipment date, BUYER shall accept said shipment subject to the conditions and provisions of this Agreement. Notwithstanding the foregoing, BUYER’s notice of cancellation shall operate as cancellation notice for all additional Purchase Orders, which Purchase Orders have a scheduled shipment date more than one hundred twenty (120) days after the date such notice was sent.
Cancellation of Purchase Order. (a) Sony reserves the right to cancel this Purchase Order, in whole or in part, (i) prior to receipt of Provider's acknowledgment hereof, or (ii) in advance of a delivery schedule set forth on the reverse side thereof without liability to Provider therefor. Sony may also cancel this Purchase Order, in whole or in part, upon Provider’s failure to observe and perform any of the terms and conditions hereof (including those that might otherwise be excused by force majeure or commercial impracticality) by giving Provider notice thereof and, in addition to any other remedies Sony may have at law or in equity therefor, Sony may purchase the goods or services covered hereby, in whole or in part, from an alternate vendor, and Provider will be liable to Sony for any loss incurred as a result thereof.
(b) In the event of any institution of proceedings by or against Provider in bankruptcy or insolvency, or under any provision of the United States Bankruptcy Act, or if there is an appointment of receiver or trustee or an assignment for the benefit of creditors of Provider, Sony may cancel this Purchase Order by giving Provider notice thereof without liability to Provider therefor and without waiving any remedies it may have.
Cancellation of Purchase Order. The LCBO reserves the right to cancel this Agreement in whole or in part at any time without liability and at the Supplier’s expense and risk (a) upon written notice to the Supplier, where the shipment or any part thereof is determined by the LCBO to be unsatisfactory within the meaning of Section 5; (b) by giving fifteen (15) days written notice to the Supplier, where, for any reason beyond the control of the LCBO including without limitation, any reason relating to the marketing of the product(s), the LCBO is unable to complete the purchase of the product(s); (c) upon written notice to the Supplier where the Supplier has failed to comply with any covenant, warranty or provision of the Agreement including failure to adhere to the provisions of the LCBO’s Product Management Procedures as published from time to time, or (d) upon written notice to the Supplier where any product(s) has been ordered but has not yet been delivered to the LCBO’s carrier. Notice of cancellation may be given by fax, mail, email or personal delivery.
Cancellation of Purchase Order. The Customer may only cancel a Purchase Order by giving written notice to Downer not less than 24 hours prior notice to the Delivery Time.
Cancellation of Purchase Order. PCYC may amend or cancel any Purchase Order by providing LONZA written notice of such amendment or cancellation. If such amendment would result in an increase in such Purchase Order, LONZA shall not be obligated to accept such increase, but shall consider such amendment in good faith. In the event that PCYC decreases or cancels any Purchase Order, LONZA's sole and exclusive remedy shall be as follows: PCYC shall reimburse LONZA for any non-cancelable, out- of-pocket costs for Materials reasonably incurred by LONZA in fulfilling such amended or canceled Purchase Order up to the time of LONZA's receipt of such notice of amendment or cancellation. Such reimbursement shall only be made to the extent of costs that are not otherwise recoverable by LONZA. Title in all Materials for which PCYC so reimburses LONZA shall vest in PCYC. Such Materials shall not be used for any purpose other than the Manufacture of Products for PCYC hereunder, unless otherwise agreed in writing by PCYC. At PCYC's request, all Materials paid for by PCYC under this Section 3.5 shall be shipped to PCYC at PCYC's expense; and PCYC shall reimburse LONZA for its fixed costs for unused plant capacity reserved for the fulfillment of such amended or cancelled Purchase Order and to the extent that LONZA cannot otherwise utilize such plant capacity, provided that LONZA has made commercially reasonable, good faith efforts to otherwise utilize such plant capacity. A schedule setting forth the maximum amount payable for such unused plant capacity for each Product shall be included in the applicable Product Appendix. Testing of Batches by LONZA. LONZA will test each Batch of Product in accordance with the applicable Test Methods and Product Specifications, and shall supply PCYC with a certificate of analysis confirming that such Batch meets the applicable Product Specifications and Packaging Specifications at the time of batch release if practicable, but in any event no later than with shipment of the QC Sample. LONZA shall hold and store samples from each Batch in accordance with, and for the period required under, Section 6.3.1. If LONZA notices any testing or material manufacturing discrepancies during the Manufacturing of a Product, LONZA shall promptly notify PCYC. PCYC may retest a Product as more fully set forth in Section 4.2 to confirm that it meets the applicable Product Specifications and Packaging Specifications. LONZA Covenant. LONZA shall not (a) sell, provide or transfer any Product to...
Cancellation of Purchase Order. 8.1 We shall have the right to cancel in whole or in part the Goods set out in the Purchase Order by giving a written notice to you at any time before the delivery, installation, acceptance or performance date of the Goods.
8.2 We shall have the right to, at your cost, return any Goods to you in connection with any such wholly or partially cancelled Purchase Order. In exchange for such return, you shall immediately refund all payments made by us in connection with such returned Goods, including without limitation, any charges for any related services, subject to such cancellation being made due to any breach by you or fault attributable to you.
Cancellation of Purchase Order. Buyer may cancel its order only with the prior written consent of Seller, which Seller may withhold in its sole discretion. All cancelations will be subject to payment to Seller of reasonable and proper cancelation charges. Buyer may return Products only at its sole cost and only with the prior written authorization of Seller, subject to a restocking fee as agreed by the parties. No returns of special, custom, or made-to-order Products will be permitted. No returns will be permitted more than 60 days after delivery.
