Common use of Failure of Seller to Perform Clause in Contracts

Failure of Seller to Perform. If Seller fails in any respect to comply herewith or with any other contracts then existing with Buyer, Buyer may, at its option, to this Order or any such other contract pending compliance by Seller, (a) defer further use of Services, or (b) terminate in accordance with Section 21, in whole or in part, without incurring any liability whatsoever. Buyer’s rights pursuant to this provision shall be in addition to any and all other legal or equitable remedies available to it.

Failure of Seller to Perform. If Seller fails in any respect to comply herewith or with any other contracts then existing with Buyer, Buyer may, at its option, to this Order or any such other contract pending compliance by Seller, (a) defer further use receipt of Services, deliveries to be made or (b) terminate in accordance with Section 2123, in whole or in part, without incurring any liability whatsoever. Buyer’s rights pursuant to this provision shall be in addition to any and all other legal or equitable remedies available to it.