Common use of Default and Arbitration Clause in Contracts

Default and Arbitration. Each of the following shall constitute an event of default (an “Event of Default”) under this Agreement: (a) Default in the payment when due of any amount owed to either party by the other under this Agreement, if such failure continues for a period of thirty (30) days after notice of such default is delivered to the applicable party; (b) Default by Buyer in the obligation to purchase Products from Seller in the manner set forth in Sections 1 and 5, if such failure continues for a period of thirty (30) days after written notice by Seller of such default; and (c) Default by Seller in any of Seller’s obligations to Buyer under this Agreement, including but not limited to Seller’s failure to timely deliver Products to Buyer pursuant to Section 5 hereof and Seller’s breach of any representation or warranty of Seller contained in Section 10 hereof. Upon the occurrence and continuation of an Event of Default hereunder, Seller, in the case of an Event of Default under clause (a) or (b) of this Section 11, and Buyer, in the case of an Event of Default under clause (a) or (c) of this Section 11, shall have the non- exclusive right to commence appropriate proceedings in any state court located in New York, New York, or in the federal courts for the Southern District of New York, Buyer and Seller hereby agreeing that it irrevocably submits to the jurisdiction of such courts and waives, to the fullest extent such party may effectively do so, the defense of an inconvenient forum to the maintenance of any such action or proceeding. The foregoing notwithstanding, if there is a dispute arising out of any of the other terms of this Agreement, such dispute shall promptly, and in the first instance, be submitted to arbitration in New York, New York, with such dispute to be heard by a retired judge provided by the Judicial Arbitration and Mediation Service in accordance with the commercial rules then in effect of the American Arbitration Association, and any award of such judge pursuant to any such arbitration proceeding shall be final and binding upon the parties hereto.

Default and Arbitration. Each of the following shall constitute an event of default (an “Event of Default”) Default under this Agreement:; (a) Default in the payment when due of any amount owed to either party Party by the other under this Agreement, if such failure continues for a period of thirty (30) days after notice of such default is delivered to the applicable partypayment was due; (b) Default by Buyer in the obligation to purchase obtain all Products from Seller in the manner set forth in Sections 1 1, 2 and 5, if such failure continues for a period of thirty (30) days after written notice by Seller of such default; and (c) Default by Seller in any of Seller’s 's obligations to Buyer under this Agreement, including but not limited to Seller’s failure to timely deliver Products to Buyer pursuant to Section 5 hereof and Seller’s breach of any representation or warranty of Seller contained in Section 10 hereofhereunder. Upon the occurrence and continuation of an Event of Default hereunder, Seller, in the case of an Event of Default under clause (a) A or (b) 13 of this Section 119, and Buyer, in the case of an Event of Default under clause (a) A or (c) C of this Section 119, shall have the non- non-exclusive right to commence appropriate proceedings in any state court located in New York, New York, or in the federal courts for the Southern District of New York, Buyer and Seller hereby agreeing that it irrevocably submits to the jurisdiction of such courts and waives, to the fullest extent such party may effectively do so, the defense of an inconvenient forum to the maintenance of any such action or proceeding. The foregoing notwithstanding, if there is a dispute arising out of any of the other terms of this Agreement, such dispute shall promptly, and in the first instance, be immediately submitted to arbitration in New York, New York, with such dispute to be heard by a retired judge provided by the Judicial Arbitration and Mediation Service in accordance with of the commercial rules then in effect of the American Arbitration Association, and any award of such judge pursuant to any such arbitration proceeding shall be final and binding upon the parties heretoparties.

Default and Arbitration. Each of the following shall constitute ----------------------- an event of default (an “Event of Default”) Default under this Agreement: (a) A. Default in the payment when due of any amount owed to either party Party by the other under this Agreement, if such failure continues for a period of thirty (30) days after notice of such default is delivered to the applicable partypayment was due; (b) B. Default by Buyer in the obligation to purchase obtain all Products from Seller in the manner set forth in Sections 1 1, 2 and 5, if such failure continues for a period of thirty (30) days after written notice by Seller of such default; and (c) C. Default by Seller in any of Seller’s 's obligations to Buyer under this Agreement, including but not limited to Seller’s failure to timely deliver Products to Buyer pursuant to Section 5 hereof and Seller’s breach of any representation or warranty of Seller contained in Section 10 hereofhereunder. Upon the occurrence and continuation of an Event of Default hereunder, Seller, in the case of an Event of Default under clause (a) A or (b) B of this Section 119, and Buyer, in the case of an Event of Default under clause (a) A or (c) C of this Section 119, shall have the non- non-exclusive right to commence appropriate proceedings in any state court located in New York, New York, or in the federal courts for the Southern District of New York, Buyer and Seller hereby agreeing that it irrevocably submits to the jurisdiction of such courts and waives, to the fullest extent such party may effectively do so, the defense of an inconvenient forum to the maintenance of any such action or proceeding. The foregoing notwithstanding, if there is a dispute arising out of any of the other terms of this Agreement, such dispute shall promptly, and in the first instance, be immediately submitted to arbitration in New York, New York, with such dispute to be heard by a retired judge provided by the Judicial -------------------------- ** Multiple asterisks indicate that the portion of this document so marked has been omitted as a confidential portion of this document and has been filed separately with the Commission. Arbitration and Mediation Service in accordance with of the commercial rules then in effect of the American Arbitration Association, and any award of such judge pursuant to any such arbitration proceeding shall be final and binding upon the parties heretoparties.

Default and Arbitration. Each of the following shall constitute an event of default (an “Event of Default”) Default under this Agreement:: **Multiple asterisks throughout this Agreement indicate that the portion of this document so marked has been omitted as a confidential portion of this document and has been filed separately with the Securities and Exchange Commission.** (a) Default in the payment when due of any amount owed to either party Party by the other under this Agreement, if such failure continues for a period of thirty (30) days after notice of such default is delivered to the applicable partypayment was due; (b) Default by Buyer in the obligation to purchase obtain all Products from Seller in the manner set forth in Sections 1 1, 2 and 5, if such failure continues for a period of thirty (30) days after written notice by Seller of such default; and (c) Default by Seller in any of Seller’s 's obligations to Buyer under this Agreement, including but not limited to Seller’s failure to timely deliver Products to Buyer pursuant to Section 5 hereof and Seller’s breach of any representation or warranty of Seller contained in Section 10 hereofhereunder. Upon the occurrence and continuation of an Event of Default hereunder, Seller, in the case of an Event of Default under clause (a) A or (b) B of this Section 1110, and Buyer, in the case of an Event of Default under clause (a) A or (c) C of this Section 1110, shall have the non- exclusive right to commence appropriate proceedings in any state court located in New York, New York, or in the federal courts for the Southern District of New York, Buyer and Seller hereby agreeing that it irrevocably submits to the jurisdiction of such courts and waives, to the fullest extent such party may effectively do so, the defense of an inconvenient forum to the maintenance of any such action or proceeding. The foregoing notwithstanding, if there is a dispute arising out of any of the other terms of this Agreement, such dispute shall promptly, and in the first instance, be immediately submitted to arbitration in New York, New York, with such dispute to be heard by a retired judge provided by the Judicial Arbitration and Mediation Service in accordance with of the commercial rules then in effect of the American Arbitration Association, and any award of such judge pursuant to any such arbitration proceeding shall be final and binding upon the parties heretoparties.

Default and Arbitration. Each of the following shall constitute an event of default (an “Event of Default”) under this Agreement: (a) Default in the payment when due of any amount owed to either party by the other under this Agreement, if such failure continues for a period of thirty (30) days after notice of such default is delivered to the applicable partydefault; (b) Default by Buyer in the obligation to purchase Products from Seller in the manner set forth in Sections 1 and 5, if such failure continues for a period of thirty (30) days after written notice by Seller of such default; and (c) Default by Seller in any of Seller’s obligations to Buyer under this Agreement, including but not limited to Seller’s failure to timely deliver Products Product to Buyer pursuant to Section 5 hereof and Seller’s breach of any representation or warranty of Seller contained in Section 10 hereof. Upon the occurrence and continuation of an Event of Default hereunder, Seller, in the case of an Event of Default under clause (a) or (b) of this Section 11, and Buyer, in the case of an Event of Default under clause (a) or (c) of this Section 11, shall have the non- exclusive right to commence appropriate proceedings in any state court located in New York, New York, or in the federal courts for the Southern District of New York, Buyer and Seller hereby agreeing that it irrevocably submits to the jurisdiction of such courts and waives, to the fullest extent such party may effectively do so, the defense of an inconvenient forum to the maintenance of any such action or proceeding. The foregoing notwithstanding, if there is a dispute arising out of any of the other terms of this Agreement, such dispute shall promptly, and in the first instance, be immediately submitted to arbitration in New York, New York, with such dispute to be heard by a retired judge provided by the Judicial Arbitration and Mediation Service in accordance with of the commercial rules then in effect of the American Arbitration Association, and any award of such judge pursuant to any such arbitration proceeding shall be final and binding upon the parties heretoparties.