Default-Cancellation. NETAPP may, by written notice of default to Seller, terminate the whole or any part of this Agreement if Seller fails to make delivery of the Goods or perform the Services within the time specified herein or in any authorized extension. If this Agreement or any part hereof is terminated by NETAPP, then in addition to any other rights provided in this Agreement, NETAPP may require Seller to transfer title and deliver to NETAPP in the manner and to the extent directed by NETAPP, any completed or partially completed Goods and any materials, parts, tools, dies, jigs, fixtures, plans, drawings, information and manufacturing materials specifically produced or acquired for performance of this Agreement. If, after notice of termination of the Agreement under the provisions of this Section 12, it is determined for any reason that Seller was not in default or that the default was excusable, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Section 13 hereof. The rights and remedies of NETAPP provided in this Section 12 shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement.
Default-Cancellation. Buyer may, in Buyer’s sole discretion, elect to cancel the Agreement or any part thereof at no cost to Buyer in the event of Seller’s Default as herein after described. Seller’s Default shall include, without limitation: (a) Seller’s failure to comply with the specifications, delivery requirements or terms and conditions of the Agreement: (b) Seller’s failure to deliver Goods ordered herein accordance with the delivery and timing requirement or in accordance with Buyer’s specifications; or (c) Seller’s threatened or actual refusal to deliver Goods for any reason (Seller’s Default). In the event of Seller’s Default under (b) above, the parties acknowledge and agree that such default by Seller will cause Buyer irreparable harm and Buyer shall be entitled to any and all legal and equitable rights and remedies available to it against Seller to remedy such default, including without limitation, injunctive relief prohibiting Seller from refusing to deliver the Goods. If Seller has actually refused to deliver Goods as set forth in (b) above, the parties stipulate that it will be difficult to ascertain the amount of damages resulting from such default and that Seller will pay to Buyer $50,000.00 USD per day as liquidated damages for each day that Seller refuses to deliver the Goods. The parties agree that this sum represents a reasonable estimate of damages and does not constitute a penalty. In case of ambiguity in the specifications, drawings, or other requirements of the Agreement, before proceeding, it is Seller’s obligation to seek clarification from Buyer, whose written interpretation shall be final. Buyer’s right to cancel hereunder shall be in addition to all rights and remedies available to Buyer under the Agreement or otherwise and Buyer shall have no obligation for payment to Seller for work in progress or otherwise incomplete Goods.
Default-Cancellation. Buyer reserves the right, by written notice of default, to cancel this order, without liability to Buyer, in the event of the happening of any of the following: insolvency of Seller, the filing of a voluntary petition in bankruptcy by Xxxxxx, the filing of an involuntary petition to have Seller declared bankrupt, the appointment of a Receiver or Trustee for Seller, or the execution by Seller of an assignment for the benefit of creditors. If Seller fails to perform as specified herein, or if Seller breaches any of the terms hereof, Buyer reserves the right, without any liability to Buyer, upon giving Seller written notice, to (i) cancel this order in whole or in part, by written notice to Seller and Seller shall be liable to Buyer for all damages, losses and liability incurred by Buyer directly or indirectly resulting from Seller’s breach, or (ii) obtain the goods ordered herein from another source with any excess cost resulting therefrom, chargeable to Seller, if such deficiencies are not remedied. The remedies herein provided shall be cumulative and in addition to any other remedies provided at law or in equity.
Default-Cancellation. Customer reserves the right, by written notice of default, to cancel this order, without liability to Customer, in the event of the happening of any of the following: insolvency of Supplier, the filing of a voluntary petition in bankruptcy by Supplier, the filing of an involuntary petition to have Supplier declared bankrupt, the appointment of a Receiver or Trustee for Supplier, or the execution by Supplier of an assignment for the benefit of creditors. If Supplier breaches any of the terms of this order, Customer reserves the right, without any liability to Customer, to (i) cancel this order in whole or in part, and Supplier shall be liable to Customer for all damages, losses and liability incurred by Customer resulting from Supplier’s breach, or (ii) obtain the goods or services ordered from another source and charge Supplier the cost of cover. Customer’s remedies are cumulative and in addition to any other remedies provided at law or in equity.
Default-Cancellation. CEI reserves the right, by written notice of default, to cancel this Order, without liability to CEI, in the event of any of the following: a) insolvency of Vendor; b) the filing of a voluntary petition in bankruptcy by Vendor; c) the filing of an involuntary petition to have Vendor declared bankrupt; d) the appointment of a Receiver or Trustee for Vendor, or e) the execution by Vendor of an assignment for the benefit of creditors. If Vendor fails to perform as specified herein, or if Vendor breaches any of the terms hereof, CEI reserves the right, without any liability to CEI, upon giving Vendor written notice, to cancel this Order in whole or in part. Upon such cancellation, Vendor shall be responsible to CEI for all damages, costs, and liabilities arising from Vendor’s breach, including, without limitation, the cost to cover with replacement materials, equipment, services, costs of delays, and other related costs.
Default-Cancellation. 7.1 The Purchaser may obtain finance from any financial institution/bank or any other source but the Purchaser’s obligation to make payment of the said Consideration Amount within the time as mentioned in the Fifth Schedule hereunder written shall not stand severed and the Purchaser shall be bound by the terms of payment under this agreement and under no circumstances whatsoever and/or howsoever the time for payment shall be contingent on the ability of the Purchaser to obtain finance of the purchase of the said Flat.
Default-Cancellation. Buyer reserves the right to cancel this order, without liability to Buyer, in the event of insolvency of Seller, the filing of a voluntary petition in bankruptcy by Seller, the filing of an involuntary petition to have Seller declared bankrupt, the appointment of a receiver or trustee for Seller, or the execution by Seller of an assignment for the benefit of creditors. If Seller fails to perform as specified herein, or if Seller breaches any of the terms hereof, then without any liability to Buyer, and without waiver of any rights or remedies allowed or provided by law. Buyer reserves the right, upon giving Seller written notice and allowing Seller reasonable time to remedy such deficiency, (1) to cancel this order in whole or in part, or (2) to obtain the goods ordered herein from another source with any excess cost resulting therefrom charged to Seller.
Default-Cancellation. In case the Beneficiary fails to carry out its obligations and in particular its obligation to protect the SOFTWARE, Inria will have the possibility of cancelling this agreement ipso jure without legal formalities.
Default-Cancellation. Subject to the Licensor first complying with any provisions in the Property Law Act 2007 applicable to cancellation of this Licence, the Licensor may cancel this Licence if any of the following default events occur in respect of the Licensee and are not remedied within 10 working days (or such longer period as the Licensor may specify in the notice) from the date on which the Licensor gives notice of such default event to the Licensee:
Default-Cancellation. In the event of Default, Buyer may, upon written --------------------- notice to Seller but without further liability to Seller, (i) waive all or any part of the Default; (ii) agree in writing to any change in or modification of this order as Buyer may in its judgment deem advisable; (iii) cancel this order in whole or in part; (iv) purchase goods in substitution for those to be supplied by Seller hereunder and charge Seller for any excess cost resulting therefrom; and/or (v) exercise any other rights or remedies Buyer may have under applicable law. Seller's liability for Default will include Buyer's incidental and consequential damages.
