Common use of MANNATECH’S Rights Upon Default Clause in Contracts

MANNATECH’S Rights Upon Default. If CARALOE fails in any material respect to perform its obligations hereunder, and such failure is not cured to MANNATECH’S reasonable satisfaction within thirty (30) days after notice thereof by MANNATECH, MANNATECH and its MANUFACTURER shall have the right to refuse to accept further deliveries hereunder and to terminate this Supply Agreement upon notice to CARALOE, and in addition, subject to the provisions of Section 12.3, shall have such other rights and remedies, including the right to recover damages, as are available under applicable law or otherwise. Any subsequent delivery of Manapol® powder to MANNATECH and/or its MANUFACTURER after any default by CARALOE under this Supply Agreement shall not constitute a waiver of any rights of MANNATECH and/or its MANUFACTURER arising out of such prior default; nor shall MANNATECH’S and/or its MANUFACTURER’s failure to insist upon strict performance of any provision of this Supply Agreement be deemed a waiver by MANNATECH and/or its MANUFACTURER of any of its rights or remedies hereunder or under applicable law or a waiver by MANNATECH and/or its MANUFACTURER of any subsequent default by CARALOE in the performance of or compliance with any of the terms of this Supply Agreement.

Appears in 1 contract

Samples: Supply Agreement (Mannatech Inc)

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MANNATECH’S Rights Upon Default. If CARALOE fails in any material respect to perform its obligations hereunder, and such failure is not cured to MANNATECH’S reasonable satisfaction within thirty (30) days after notice thereof by MANNATECH, MANNATECH and its MANUFACTURER NAI shall have the right to refuse to accept further deliveries hereunder and to terminate this Supply Agreement upon notice to CARALOE, and in addition, subject to the provisions of Section 12.3, shall have such other rights and remedies, including the right to recover damages, as are available under applicable law or otherwise. Any subsequent delivery of Manapol® powder to MANNATECH and/or its MANUFACTURER NAI after any default by CARALOE under this Supply Agreement shall not constitute a waiver of any rights of MANNATECH and/or its MANUFACTURER NAI arising out of such prior default; nor shall MANNATECH’S and/or its MANUFACTURERNAI’s failure to insist upon strict performance of any provision of this Supply Agreement be deemed a waiver by MANNATECH and/or its MANUFACTURER NAI of any of its rights or remedies hereunder or under applicable law or a waiver by MANNATECH and/or its MANUFACTURER NAI of any subsequent default by CARALOE in the performance of or compliance with any of the terms of this Supply Agreement.

Appears in 1 contract

Samples: Supply Agreement (Mannatech Inc)

MANNATECH’S Rights Upon Default. If CARALOE fails in any material respect to perform its obligations hereunder, and such failure is not cured to MANNATECH’S 'S reasonable satisfaction within thirty (30) days after notice thereof by MANNATECH, MANNATECH and its MANUFACTURER NAI shall have the right to refuse to accept further deliveries hereunder and to terminate this Supply Agreement upon notice to CARALOE, and in addition, subject to the provisions of Section 12.310.3, shall have such other rights and remedies, including the right to recover damages, as are available under applicable law or otherwise. Any subsequent delivery of Manapol® Manapol[R] powder to MANNATECH and/or its MANUFACTURER NAI after any default by CARALOE under this Supply Agreement shall not constitute a waiver of any rights of MANNATECH and/or its MANUFACTURER NAI arising out of such prior default; nor shall MANNATECH’S 'S and/or its MANUFACTURER’s NAI's failure to insist upon strict performance of any provision of this Supply Agreement be deemed a waiver by MANNATECH and/or its MANUFACTURER NAI of any of its rights or remedies hereunder or under applicable law or a waiver by MANNATECH and/or its MANUFACTURER NAI of any subsequent default by CARALOE in the performance of or compliance with any of the terms of this Supply Agreement.

Appears in 1 contract

Samples: Supply Agreement (Carrington Laboratories Inc /Tx/)

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MANNATECH’S Rights Upon Default. If CARALOE fails in any material respect to perform its obligations hereunder, and such failure is not cured to MANNATECH’S reasonable satisfaction within thirty (30) days after notice thereof by MANNATECH, MANNATECH and its MANUFACTURER Manufacturer shall have the right to refuse to accept further deliveries hereunder and to terminate this Supply Agreement upon notice to CARALOE, and in addition, subject to the provisions of Section 12.3, shall have such other rights and remedies, including the right to recover damages, as are available under applicable law or otherwise. Any subsequent delivery of Manapol® powder to MANNATECH and/or its MANUFACTURER Manufacturer after any default by CARALOE under this Supply Agreement shall not constitute a waiver of any rights of MANNATECH and/or its MANUFACTURER Manufacturer arising out of such prior default; nor shall MANNATECH’S and/or its MANUFACTURERManufacturer’s failure to insist upon strict performance of any provision of this Supply Agreement be deemed a waiver by MANNATECH and/or its MANUFACTURER Manufacturer of any of its rights or remedies hereunder or under applicable law or a waiver by MANNATECH and/or its MANUFACTURER Manufacturer of any subsequent default by CARALOE in the performance of or compliance with any of the terms of this Supply Agreement.

Appears in 1 contract

Samples: Supply Agreement (Mannatech Inc)

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