Common use of Changes and Cancellations Clause in Contracts

Changes and Cancellations. By notice to Vendor, Buyer may reschedule Delivery Dates, change Destinations, or make any other changes (including changes to designs and specifications) with respect to this Order, or may cancel this Order, in whole or in part, at any time prior to delivery and acceptance. If any change by Buyer causes an increase or decrease in the cost of or the time required for performance of this Order, an equitable adjustment, as reasonably determined by Buyer, will be made to the Order price or delivery schedule, or both, and the Order will be modified in writing accordingly. Otherwise, Xxxxx's sole liability with respect to changes or cancellation will be to reimburse Vendor for the actual, reasonable and substantiated costs incurred by Vendor as a direct result of the change or cancellation that Vendor cannot recover either by shipping the Products to other customers within a reasonable time or by exercising other mitigation measures in a commercially reasonable manner. If so directed by Xxxxx, Vendor will deliver to Buyer or its designee all materials, work in process or completed items with respect to such Products and Services. Vendor will not make any changes in material, process or design with respect to any Products or Services.

Appears in 3 contracts

Samples: Terms and Conditions, Terms and Conditions, Purchase Order Terms and Conditions

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Changes and Cancellations. By notice to Vendor, Buyer may reschedule Delivery Dates, change Destinations, or make any other changes (including e.g., changes to designs and specifications) with respect to this Order, or may cancel this Order, in whole or in part, at any time prior to delivery and acceptance. If any change by Buyer causes an increase or decrease in the cost of or the time required for performance of this Order, an equitable adjustment, as reasonably determined by Buyer, will be made to the Order price or delivery schedule, or both, and the Order will be modified in writing accordingly. Otherwise, Xxxxx's sole liability with respect to changes or cancellation will be to reimburse Vendor for the actual, reasonable and substantiated costs incurred by Vendor as a direct result of the change or cancellation that Vendor cannot recover either by shipping the Products to other customers within a reasonable time or by exercising other mitigation measures in a commercially reasonable manner. If so directed by Xxxxx, Vendor will must deliver to Buyer or its designee all materials, work in process or completed items with respect to such Products and Services. Vendor will must not make any changes in material, process or design with respect to any Products or Services.

Appears in 3 contracts

Samples: Purchase Order Agreement, Terms and Conditions, Terms and Conditions

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