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 receipt of deliveries to be made or (b) terminate in accordance with Section 23, 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 receipt use of deliveries to be made Services, or (b) terminate in accordance with Section 2321, 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.