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