Default in Payment Obligations. In addition to all other remedies available to XXXXXX in the event of a CLIENT default, if CLIENT fails to make payments as required hereunder, XXXXXX may take appropriate measures to assure prompt and full payment, including refuse to Produce any Drug Product until CLIENT’s account is paid in full, modify the foregoing terms of payment, place the account on a letter of credit basis, require full or partial payment in advance, suspend deliveries of Drug Product until CLIENT provides assurance of performance reasonably satisfactory to XXXXXX, and/or take other reasonable means as XXXXXX may determine.
Default in Payment Obligations. In addition to all other remedies available to Xxxxxx in the event of a Client default for payment, if Client fails to timely make payments (unless they are the subject of a good faith dispute lasting not more than [***]) as required hereunder, any prepayments or other amounts owed to or held for Client hereunder shall be automatically applied to invoices more than [***] past due and Xxxxxx may refuse to accept future Purchase Orders or to Produce or deliver any Client Product until Client’s account is paid in full, and/or the foregoing terms of payment are modified by mutual written agreement of the parties. Xxxxxx shall not be required to return any Client equipment or other property until Client has paid all outstanding invoices (not including invoices that are subject to a good faith dispute during the [***] described above).
Default in Payment Obligations. In addition to all other remedies available to Baxter in the event of a Client default, if Client repeatedly fails to make payments as required hereunder, Baxter may refuse to Produce or make available for pick-up any Product until Client’s account is paid in full, or the Client has deposited the amount in dispute with an appropriate third-party escrow agent pending the final outcome of the dispute or placed the account on a letter of credit basis. The escrow agent shall be a commercial bank of high standing.
Default in Payment Obligations. In addition to the remedies available to BPS in the event of a material breach of the Agreement by NUVELO, if NUVELO fails to make payments for undisputed invoices as set forth in Section 3.1.3 and 3.1.4 or undisputed cancellation fees, during the period in which NUVELO remains in default on the applicable payment, BPS may: [ * ]; or [ * ]. [ * ] Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities and Exchange Act of 1934, as amended. If NUVELO defaults on undisputed payment obligations under this Agreement [ * ], then, until NUVELO has been without a default on an undisputed payment obligation for [ * ] BPS may require [ * ]. Once NUVELO has been without a default in its undisputed payment obligations for a period of [ * ] unless NUVELO has a subsequent default on an undisputed payment obligation. Upon [ * ] BPS may again require [ * ] until NUVELO has been without a default in its undisputed payment obligations for a continuous period of [ * ].
Default in Payment Obligations. In addition to all other remedies available to AXXXXX in the event of a CLIENT default, if CLIENT fails to make payments as required hereunder, AXXXXX may take appropriate measures to assure prompt and full payment, including refuse to Produce any Company Plasmid DNA until CLIENT’s account is paid in full, modify the foregoing terms of payment, place the account on a letter of credit basis, require full or partial payment in advance, suspend deliveries of Company Plasmid DNA until CLIENT provides assurance of performance reasonably satisfactory to AXXXXX, and/or take other reasonable means as AXXXXX may determine. However, Axxxxx may resort to the aforementioned measures only after providing CLIENT with written notice of such default and only if said default is not cured by CLIENT within thirty (30) calendar days after receipt by the CLIENT of written notice of such default.
Default in Payment Obligations. In addition to all other remedies available to Xxxxxx in the event of a Client default, if Client does not make payments as required hereunder of amounts that are not subject to a good faith dispute by Client, Xxxxxx may refuse to Produce any Product until Client’s account in regard to such undisputed payments is paid in full, suspend deliveries of Product until Client provides assurance of performance reasonably satisfactory to Xxxxxx, and/or take other reasonable means as Xxxxxx may determine. In the event Client disputes, in good faith, an invoice amount, Client agrees to provide Xxxxxx with written notification of such dispute within [* * *] from the date of the invoice and the Parties shall use good faith efforts to resolve the dispute within [* * *] from the date of the invoice. In the event the Parties are unable to resolve the dispute, the dispute shall be promptly elevated to senior management of each Party for resolution.
Default in Payment Obligations. In addition to all other remedies available to Xxxxxx in the event of a Client default, if Client fails to timely make payments as required hereunder, any prepayments or other amounts owed to or held for Client under any contract(s) or work plan(s) shall be automatically applied to invoices more than [ * ] days past due and Xxxxxx may take other appropriate measures to assure prompt and full payment, including without limitation, refusing to Produce any Client Product until Client’s account is paid in full and/or modifying the foregoing terms of payment. Xxxxxx shall not be required to return any Client equipment or other property until Client has paid all outstanding invoices.
Default in Payment Obligations. (i) Borrower shall fail to pay (i) any principal, interest, or both, whether by acceleration, maturity or otherwise, of the Loan when due in accordance with the terms of the Note (including any period of grace or cure as provided therein); or (ii) any fees, expenses or other amounts payable hereunder or under any Loan Document within any period of grace or cure as provided therein, or if no such period of grace or cure is specified therein, within ten (10) days after written demand therefor by the Lender.
(ii) Any default shall occur pursuant to the Interest Rate Protection Agreement (which continues beyond any applicable period of grace or cure provided thereunder), including without limitation, if any termination payment shall be due by Borrower under the Interest Rate Protection Agreement and such amount is not paid when due and following the expiration of any applicable cure period.
Default in Payment Obligations. Borrower shall fail to pay any principal, interest, or both, whether by acceleration, maturity or otherwise, of the Loan when due in accordance with the terms of the Note and the continuation of such failure beyond any applicable grace period provided therein.
Default in Payment Obligations. In addition to all other remedies available to Xxxxxx in the event of a Client default, if Client fails to timely pay amounts properly due and payable under this Agreement (subject to the foregoing right of Client to dispute in good faith any amounts charged hereunder, which, for purposes of this Agreement, shall not be considered past due, so long as Client promptly and diligently pursues resolution of such disputes), any prepayments or other amounts owed to or held for Client under any contract(s) or work plan(s) shall be automatically applied to overdue invoices and Xxxxxx may take other appropriate measures to assure prompt and full payment, including refusing to Produce any Client Product until Client’s account is paid in full, placing the account on a letter of credit basis, requiring full or partial payment in advance, suspending deliveries of Client Product until Client provides assurance of performance reasonably satisfactory to Xxxxxx, and/or taking other reasonable means as Xxxxxx may determine. Xxxxxx shall not be required to return any Client equipment or other property until Client has paid all outstanding invoices for amounts properly due and payable under this Agreement.
