Common use of No Advance of Funds/Adverse Consequences Clause in Contracts

No Advance of Funds/Adverse Consequences. Subject to Section 2.1(b)(iii), Buyer acknowledges that Seller is not required to use Seller’s funds to pay any third party provider any amount owed thereto, except as needed to maintain governmental licenses or authorizations. Buyer further acknowledges that, if not timely paid, a third party provider may terminate its contract(s) with Buyer and/or exercise all applicable rights and remedies thereunder, including charging termination fees, liquidated damages, and/or other amounts to Buyer, refusing to provide Services to Buyer and/or take other actions which could result in adverse consequences to Buyer (collectively, “Adverse Consequences”). Xxxxx further acknowledges that Adverse Consequences may result from Buyer’s termination of a Service pursuant to Section 1.2. For any third party providers or governmental licenses or authorizations, Buyer and Seller agree that, as between Buyer and Seller, all Adverse Consequences shall be for Buyer’s account and Seller shall have no responsibility or liability for any Adverse Consequences, so long as the Adverse Consequences were not caused by Seller’s prior breach of the Lease, the APA, or this TSA.

No Advance of Funds/Adverse Consequences. Subject to Section 2.1(b)(iii), Buyer acknowledges that Seller is not required to use Seller’s funds to pay any third party provider any amount owed thereto, except as needed to maintain governmental licenses or authorizations. Buyer further acknowledges that, if not timely paid, a third party provider may terminate its contract(s) with Buyer and/or exercise all applicable rights and remedies thereunder, including charging termination fees, liquidated damages, and/or other amounts to Buyer, refusing to provide Services to Buyer and/or take other actions which could result in adverse consequences to Buyer (collectively, “Adverse Consequences”). Xxxxx Buyer further acknowledges that Adverse Consequences may result from Buyer’s termination of a Service pursuant to Section 1.2. For any third party providers or governmental licenses or authorizations, Buyer and Seller agree that, as between Buyer and Seller, all Adverse Consequences shall be for Buyer’s account and Seller shall have no responsibility or liability for any Adverse Consequences, so long as the Adverse Consequences were not caused by Seller’s prior breach of the Lease, the APA, or this TSA.