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Common use of Definition of Breach Clause in Contracts

Definition of Breach. For purposes of section 10.1 above, the term "breach" shall, without limitation, include (a) any proceeding, whether voluntary or involuntary, in bankruptcy or insolvency by or against Seller; (b) the appointment, with or without Seller's consent, of a receiver or an assignee for the benefit of creditors; (c) Seller’s failure to provide AGILENT, upon request, with reasonable assurances of performance; or (d) any other failure by Seller to comply with this Order.

Appears in 49 contracts

Samples: Order Agreement, Order Agreement, Order Agreement

Definition of Breach. For purposes of section 10.1 above, the term "breach" shall, without limitation, include (a) any proceeding, whether voluntary or involuntary, in bankruptcy or insolvency by or against Seller; (b) the appointment, with or without Seller's consent, of a receiver or an assignee for the benefit of creditors; (c) Seller’s failure to provide AGILENT, upon request, with reasonable assurances of performance; or (d) any other failure by Seller to comply with this Order.;

Appears in 11 contracts

Samples: Order Agreement, Order Agreement, Order Agreement

Definition of Breach. For purposes of section 10.1 above, the term "breach" shall, without limitation, include (a) any proceeding, whether voluntary or involuntary, in bankruptcy or insolvency by or against Seller; (b) the appointment, with or without Seller's consent, of a receiver or an assignee for the benefit of creditors; (c) Seller’s failure to provide AGILENT, upon request, with reasonable assurances of performance; or (d) any other material failure by Seller to comply with this Order.

Appears in 7 contracts

Samples: Order Agreement, Order Agreement, Order Agreement

Definition of Breach. For purposes of section 10.1 above, the term "breach" shall, without limitation, include (a) any proceeding, whether voluntary or involuntary, in bankruptcy or insolvency by or against SellerSeller (in the conditions permitted by law); (b) the appointment, with or without Seller's consent, of a receiver or an assignee for the benefit of creditors; (c) Seller’s failure to provide AGILENT, upon request, with reasonable assurances of performance; or (dc) any other failure by Seller to comply with this Order.

Appears in 5 contracts

Samples: Order Agreement, Order Agreement, Order Agreement

Definition of Breach. For purposes of section 10.1 above, the term "breach" shall, without limitation, include (a) any proceeding, whether voluntary or involuntary, in bankruptcy or insolvency by or against Seller; (b) the appointment, with or without Seller's consent, of a receiver receiver, examiner or an assignee for the benefit of creditors; (c) Seller’s failure to provide AGILENT, upon request, with reasonable assurances of performance; or (d) any other failure by Seller to comply with this Order.

Appears in 3 contracts

Samples: Order Agreement, Order Agreement, Purchase Agreement

Definition of Breach. For purposes of section 10.1 above, the term 8.1. "breach" shall, without limitation, include (a) any proceeding, whether voluntary or involuntary, in bankruptcy or insolvency by or against Seller; (b) the appointment, with or without Seller's consent, of a receiver or an assignee for the benefit of creditors; (c) Seller’s c)Seller's failure to provide AGILENTEsco, upon request, with reasonable assurances of performance; or (d) any other failure by Seller to comply with this the Order.

Appears in 2 contracts

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

Definition of Breach. For purposes of section 10.1 above, the term "breach" shall, without limitation, include (a) any proceeding, whether voluntary or involuntary, in bankruptcy or insolvency by or against Seller; commercially reasonable mitigation efforts. fees, damages, liabilities, costs, expenses (bincludinSgeller;a(bt) the appointmentthte aopproinntmeenyt, with or without Seller's consentwsith’or wfitheouteSeslle)r's,consoenbt, of a receiver or an assignee for the benefit of creditors; (c) Seller’s failure to provide AGILENT, upon request, with reasonable assurances of performance; or (d) any other failure by Seller to comply with this Order.olf airegceiavertorianoanssisgne,e forctheabuensefiteofs of

Appears in 1 contract

Samples: Purchase Agreement

Definition of Breach. For purposes of section 10.1 above, the term "breach" shall, without limitation, include (a) any proceeding, whether voluntary or involuntary, in bankruptcy or insolvency by or against Seller; (b) the appointment, with or without Seller's consent, of a receiver or an assignee for the benefit of creditors; (c) Seller’s failure to provide AGILENTASTEK, upon request, with reasonable assurances of performance; or (d) any other failure by Seller to comply with this Order.

Appears in 1 contract

Samples: Terms and Conditions of Purchase

Definition of Breach. For purposes of section 10.1 above, the term "breach" shall, without limitation, include (a) any proceeding, whether voluntary or involuntary, in bankruptcy or insolvency by or against Seller; (b) the appointment, with or without Seller's consent, of a receiver or an assignee for the benefit of creditors; (c) Seller’s failure to provide AGILENTKEYSIGHT, upon request, with reasonable assurances of performance; or (d) any other failure by Seller to comply with this Order.

Appears in 1 contract

Samples: Purchase Agreement

Definition of Breach. For purposes of section 10.1 above, the term "breach" shall, without limitation, include (a) any proceeding, whether voluntary or involuntary, in bankruptcy or insolvency by or against Seller; (b) the appointment, with or without Seller's consent, of a receiver or an assignee for the benefit of creditors; (c) Seller’s failure to provide AGILENTKEYSIGHT, upon request, with reasonable assurances of performance; or (d) any other material failure by Seller to comply with this OrderthisOrder.

Appears in 1 contract

Samples: Purchase Agreement

Definition of Breach. For purposes of section 10.1 aboveSection 10.1, the term "breach" shall” shall include, without limitation, include any: (ai) any proceeding, whether voluntary or involuntary, in bankruptcy or insolvency by or against Seller; (bii) the appointment, with or without Seller's ’s consent, of a receiver or an assignee for the benefit of creditors; (ciii) Seller’s failure to provide AGILENT, upon request, SFE with reasonable assurances of performanceperformance on SFE’s request; or (div) any other failure by Seller to comply with this the Order.

Appears in 1 contract

Samples: Purchase Order Agreement

Definition of Breach. For purposes of section 10.1 above, the term "breach" shall, without limitation, include (a) any proceeding, whether voluntary or involuntary, in bankruptcy or insolvency by or against Seller; (b) the appointment, with or without Seller's consent, of a receiver or an assignee for the benefit of creditors; ; (c) Seller’s failure to provide AGILENTLOGICIRCUIT, INC., upon request, with reasonable assurances of performance; or (d) any other material failure by Seller to comply with this Order.

Appears in 1 contract

Samples: Purchase Order Agreement

Definition of Breach. For purposes of section 10.1 9.1 above, the term "breach" shall, without limitation, include (a) any proceeding, whether voluntary or involuntary, in bankruptcy or insolvency by or against SellerPurchaser; (b) the appointment, with or without SellerPurchaser's consent, of a receiver or an assignee for the benefit of creditors; (c) Seller’s Purchaser's failure to provide AGILENTHERZAN, upon request, with reasonable assurances of performance; or (d) any other failure by Seller Purchaser to comply with this Orderthese Terms.

Appears in 1 contract

Samples: Sales Contracts

Definition of Breach. For purposes of section 10.1 above, the term "breach" shall, without limitation, include (a) any proceeding, whether voluntary or involuntary, in bankruptcy or insolvency by or against Seller; ; (b) the appointment, with or without Seller's consent, of a receiver or an assignee for the benefit of creditors; (c) Seller’s failure to provide AGILENT, upon request, with reasonable assurances of performance; or (d) any other failure by Seller to comply with this Order.or

Appears in 1 contract

Samples: Purchase Agreement

Definition of Breach. For purposes of section 10.1 above, the term "breach" shall, without limitation, include (a) any proceeding, whether voluntary or involuntary, in bankruptcy or insolvency by or against Seller; (b) the appointment, with or without Seller's consent, of a receiver or an assignee for the benefit of creditors; (c) Seller’s failure to provide AGILENT, upon request, with reasonable assurances of performance; or (d) any other failure by Seller to comply with this Order.assignee

Appears in 1 contract

Samples: Sales Contracts

Definition of Breach. For purposes of section 10.1 above, the term "breach" shall, without limitation, include (a) any proceeding, whether voluntary or involuntary, in bankruptcy or insolvency by or against Seller; (b) the appointment, with or without Seller's consent, of a receiver or an assignee for the benefit of creditors; (c) Seller’s failure to provide AGILENTKEYSIGHT, upon request, with reasonable assurances of performance; or (d) any other material failure by Seller to comply with this Order.

Appears in 1 contract

Samples: Purchase Agreement