Commission Adjustments and Deductions. 5.1 If deductions from Commissions are anticipated, a portion of Commissions may be withheld, up to the amount of deductions. 5.2 No Commission will be paid for orders shipped to any Customer if: (i) Proceedings have been threatened or commenced against such Customer under bankruptcy, insolvency or debtor’s relief law (until such proceeding has been vacated or set aside); (ii) Payments received by GCT might be required, in GCT’s sole judgment, to be paid to a “Trustee” or other person in connection with such proceeding. DISTRIBUTOR shall repay any Commissions for goods paid for if a refund to a Customer is required by GCT by a judgment or order issued as a result of a legal proceeding; or (iii) GCT rejects, cancels, adjusts or compromises any order or invoice. Any such rejection, cancellation, adjustment or compromise shall be without liability of any kind to DISTRIBUTOR. No Commission is payable on the undelivered portion of orders rejected by GCT or canceled or terminated by a Customer or GCT for any reason.
Appears in 5 contracts
Samples: International Distribution Agreement, International Distribution Agreement, International Distribution Agreement (GCT Semiconductor Inc)
Commission Adjustments and Deductions. 5.1 If deductions from Commissions are anticipated, a portion of Commissions may be withheld, up to the amount of deductions.
5.2 No Commission will be paid for orders shipped to any Customer if:
(i) Proceedings have been threatened or commenced against such Customer under bankruptcy, insolvency or debtor’s relief law (until such proceeding has been vacated or set aside);
(ii) Payments received by GCT might be required, in GCT’s sole judgment, to be paid to a “Trustee” or other person in connection with such proceeding. , DISTRIBUTOR shall repay any Commissions for goods paid for if a refund to a Customer is required by GCT by a judgment or order issued as a result of a legal proceeding; or
(iii) GCT rejects, cancels, adjusts or compromises any order or invoice. Any such rejection, cancellation, adjustment or compromise shall be without liability of any kind to DISTRIBUTOR. No Commission is payable on the undelivered portion of orders rejected by GCT or canceled or terminated by a Customer or 01’ GCT for any reason.
Appears in 2 contracts
Samples: International Distribution Agreement, International Distribution Agreement (GCT Semiconductor Inc)