Common use of For Default by Seller Clause in Contracts

For Default by Seller. If Seller fails to deliver any Products pursuant to the schedule(s) set forth in this Agreement, or fails to comply with any provision contained in this Agreement, such failure shall be deemed a default by Seller. In the event of Seller’s default, Buyer may, at its sole discretion: (i) terminate all or part of this Agreement without further compensation to Seller by providing written notice, (ii) obtain substitute or replacement goods or services without notice to Seller, and/or (iii) thereafter reject any Products tendered by Seller, even if conforming. Seller shall be responsible for all general, consequential, and incidental damages that Buyer may incur as a result of Seller’s failure to meet delivery schedules, including, but not limited to, lost profits, the cost of obtaining goods or services from an alternate source and/or expedited or premium freight or transportation costs. Alternatively, Buyer at its sole discretion may extend the delivery schedule and/or waive other deficiencies in Seller’s performance and Seller shall extend to Buyer an equitable reduction in the purchase price. If Buyer approves a revised delivery date, Seller shall pay any additional transportation charges. The rights and remedies of Buyer provided in this Article 21, shall not be exclusive, nor deemed an election of remedies, and are in addition to any other rights and remedies provided under this Agreement, or allowed by law. Seller’s warranty, intellectual property, confidentiality, and related obligations under this Agreement, and all of Buyer’s rights and remedies for any breach by Seller, shall survive Buyer’s termination due to Seller’s default. If this Agreement is terminated for the default of Seller, Buyer, in addition to any other rights provided herein, may require Seller to transfer title and deliver to Buyer (i) any completed Products, and (ii) such partially completed Products and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, and contract rights as Seller has specifically produced or specifically acquired for performance under this Agreement. If, after notice of the termination of this Agreement for default, it is determined that the failure to perform is subject to Article 30 or if it is definitively determined that no such default existed, such notice of termination shall be deemed to have been issued for the convenience of Buyer.

For Default by Seller. If Subject to Article 28, Excusable Delays, below, should Seller fails fail to deliver any Products goods or services pursuant to the schedule(s) set forth in this AgreementAGREEMENT, prosecute the work so as to endanger performance of this AGREEMENT, or fails fail to comply with any provision contained in this Agreement, AGREEMENT; such failure shall be deemed a default by Seller. In the event of Seller’s default, Buyer may, at in its sole discretion: (i) terminate all or part of this Agreement AGREEMENT without further compensation to Seller by providing written notice, (ii) obtain substitute or replacement goods or services Products without notice to Seller, and/or (iii) thereafter reject any Products late goods or services tendered by Seller, even if conforming. Seller shall be responsible for all general, consequential, and incidental damages that Buyer Xxxxx may incur as a result of Seller’s failure to meet delivery schedules, including, but not limited to, lost profits, the cost of obtaining goods or services from an alternate source and/or expedited or premium freight or transportation costs. Alternatively, Buyer at in its sole discretion discretion, may extend the delivery schedule and/or waive other deficiencies in Seller’s performance and performance. In either case, Seller shall extend to Buyer an equitable reduction in the purchase AGREEMENT price. If Buyer approves a revised delivery date, Seller shall pay any additional transportation charges. The rights and remedies of Buyer provided in this Article 21, 19 shall not be exclusive, nor deemed an election of remedies, and are in addition to any other rights and remedies provided under this AgreementAGREEMENT, or allowed by law. Seller’s warranty, intellectual property, confidentiality, and related obligations under this AgreementAGREEMENT, and all of Buyer’s rights and remedies for any breach by Seller, shall survive Buyer’s termination due to Seller’s default. If this Agreement is terminated for the default of Seller, Buyer, in addition to any other rights provided herein, may require Seller to transfer title and deliver to Buyer (i) any completed Products, and (ii) such partially completed Products and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, and contract rights as Seller has specifically produced or specifically acquired for performance under this Agreement. If, after notice of the termination of this Agreement for default, it is determined that the failure to perform is subject to Article 30 or if it is definitively determined that no such default existed, such notice of termination shall be deemed to have been issued for the convenience of Buyer.

For Default by Seller. If Subject to Article 27, Excusable Delays, should Seller fails fail to deliver any Products goods or services pursuant to the schedule(s) set forth in this AgreementAGREEMENT, prosecute the work so as to endanger performance of this AGREEMENT, or fails fail to comply with any provision contained in this Agreement, AGREEMENT; such a failure shall be deemed a default by Seller. In the event of Seller’s default, Buyer may, at in its sole discretion: (i) terminate all or part of this Agreement AGREEMENT without further compensation to Seller by providing written notice, (ii) obtain substitute or replacement goods or services Products without notice to Seller, and/or (iii) thereafter reject any Products late goods or services tendered by Seller, even if conforming. Seller shall be responsible for all general, consequential, and incidental damages that Buyer may incur as a result of Seller’s failure to meet delivery schedules, including, but not limited to, lost profits, the cost of obtaining goods or services from an alternate source and/or expedited or premium freight or transportation costs. Alternatively, Buyer at in its sole discretion may extend the delivery schedule and/or waive other deficiencies in Seller’s performance and performance. In either case, Seller shall extend to Buyer an equitable reduction in the purchase AGREEMENT price. If Buyer approves a revised delivery date, Seller shall pay any additional transportation charges. The rights and remedies of Buyer provided in this Article 21, 19 shall not be exclusive, nor deemed an election of remedies, and are in addition to any other rights and remedies provided under this AgreementAGREEMENT, or allowed by law. Seller’s warranty, intellectual property, confidentiality, and related obligations under this AgreementAGREEMENT, and all of Buyer’s rights and remedies for any breach by Seller, shall survive Buyer’s termination due to Seller’s default. c. If this Agreement AGREEMENT is terminated for as provided in this Clause 19 (b)., the default of Seller, Buyer, in addition to any other rights provided herein, may require the Seller to transfer title and deliver to the Buyer (i1) any completed Products, and (ii2) such partially completed Products and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, and contract rights as the Seller has specifically produced or specifically acquired for performance under this Agreement. If, after notice of the termination of this Agreement for default, it is determined that the failure to perform is subject to Article 30 or if it is definitively determined that no such default existed, such notice of termination shall be deemed to have been issued for the convenience of BuyerAGREEMENT.

For Default by Seller. If Seller fails to deliver any Products pursuant to the schedule(s) set forth in this Agreement, or fails to comply with any provision contained in this Agreement, such failure shall be deemed a default by Seller. In the event of Seller’s default, Buyer may, at its sole discretion: (i) terminate all or part of this Agreement without further compensation to Seller by providing written notice, (ii) obtain substitute or replacement goods or services without notice to Seller, and/or (iii) thereafter reject any Products tendered by Seller, even if conforming. Seller shall be responsible for all general, consequential, and incidental damages that Buyer Xxxxx may incur as a result of Seller’s failure to meet delivery schedules, including, but not limited to, lost profits, the cost of obtaining goods or services from an alternate source and/or expedited or premium freight or transportation costs. Alternatively, Buyer at its sole discretion may extend the delivery schedule and/or waive other deficiencies in Seller’s performance and Seller shall extend to Buyer an equitable reduction in the purchase price. If Buyer approves a revised delivery date, Seller shall pay any additional transportation charges. The rights and remedies of Buyer provided in this Article 21, shall not be exclusive, nor deemed an election of remedies, and are in addition to any other rights and remedies provided under this Agreement, or allowed by law. Seller’s warranty, intellectual property, confidentiality, and related obligations under this Agreement, and all of Buyer’s rights and remedies for any breach by SellerXxxxxx, shall survive Buyer’s termination due to Seller’s default. If this Agreement is terminated for the default of Seller, Buyer, in addition to any other rights provided herein, may require Seller to transfer title and deliver to Buyer (i) any completed Products, and (ii) such partially completed Products and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, and contract rights as Seller has specifically produced or specifically acquired for performance under this Agreement. If, after notice of the termination of this Agreement for default, it is determined that the failure to perform is subject to Article 30 or if it is definitively determined that no such default existed, such notice of termination shall be deemed to have been issued for the convenience of Buyer.and

For Default by Seller. If Seller fails to deliver any Products pursuant to the schedule(s) set forth in this Agreement, or fails to comply with any provision contained in this Agreement, such failure shall be deemed a default by Seller. In the event of Seller’s default, Buyer may, at its sole discretion: (i) terminate all or part of this Agreement without further compensation to Seller by providing written notice, (ii) obtain substitute or replacement goods or services without notice to Seller, and/or (iii) thereafter reject any Products tendered by Seller, even if conforming. Seller shall be responsible for all general, consequential, and incidental damages that Buyer Xxxxx may incur as a result of Seller’s failure to meet delivery schedules, including, but not limited to, lost profits, the cost of obtaining goods or services from an alternate source and/or expedited or premium freight or transportation costs. Alternatively, Buyer at its sole discretion may extend the delivery schedule and/or waive other deficiencies in Seller’s performance and Seller shall extend to Buyer an equitable reduction in the purchase price. If Buyer approves a revised delivery date, Seller shall pay any additional transportation charges. The rights and remedies of Buyer provided in this Article 21, shall not be exclusive, nor deemed an election of remedies, and are in addition to any other rights and remedies provided under this Agreement, or allowed by law. Seller’s warranty, intellectual property, confidentiality, and related obligations under this Agreement, and all of Buyer’s rights and remedies for any breach by Seller, shall survive Buyer’s termination due to Seller’s default. If this Agreement is terminated for the default of Seller, Buyer, in addition to any other rights provided herein, may require Seller to transfer title and deliver to Buyer (i) any completed Products, and (ii) such partially completed Products and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, and contract rights as Seller has specifically produced or specifically acquired for performance under this Agreement. If, after notice of the termination of this Agreement for default, it is determined that the failure to perform is subject to Article 30 or if it is definitively determined that no such default existed, such notice of termination shall be deemed to have been issued for the convenience of Buyer.