Pricing Not Affected by Remedies Sample Clauses

Pricing Not Affected by Remedies. Notwithstanding anything to the contrary in this Agreement, in the event that CBS exercises any right or remedy as a result of supply problems caused or to the extent contributed by Supplier that reduces the amount of any Product delivered to CBS by Supplier under this Agreement, the annual volume for that Product may be reduced by such amount at the discretion of CBS but the pricing for that Product shall remain at the level determined by Schedule “A” as if the annual volume were not so reduced.
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Pricing Not Affected by Remedies. Notwithstanding anything to the contrary in this Agreement, in the event that HQ exercises any right or remedy as a result of supply problems caused or to the extent contributed by Supplier that reduces the amount of any Product delivered to HQ by Supplier under this Agreement, the annual volume for that Product may be reduced by such amount at the discretion of HQ but the pricing for that Product shall remain at the level determined by Schedule “A” as if the annual volume were not so reduced.
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Pricing Not Affected by Remedies. In the event that HQ exercises any right or remedy as a result of supply problems caused or to the extent contributed by Talecris or Bayer Canada that reduces the amount of any Product delivered to HQ by Bayer Canada under this Agreement, the annual volume for that Product shall be reduced by such amount but the pricing for that Product shall remain at the level determined by Schedule “A” as if the annual volume were not so reduced.
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Related to Pricing Not Affected by Remedies

  • Waivers and Remedies The waiver by any of the parties hereto of any other party's prompt and complete performance, or breach or violation, of any provision of this Agreement shall not operate nor be construed as a waiver of any subsequent breach or violation, and the waiver by any of the parties hereto to exercise any right or remedy which it may possess hereunder shall not operate nor be construed as a bar to the exercise of such right or remedy by such party upon the occurrence of any subsequent breach or violation.

  • Other Rights and Remedies Not Affected The indemnification rights of the parties under this Article X are independent of and in addition to such rights and remedies as the parties may have at law or in equity or otherwise for any misrepresentation, breach of warranty or failure to fulfill any agreement or covenant hereunder on the part of any party hereto including without limitation the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.

  • Termination and Remedies 67 11.1. Termination....................................................67 11.2.

  • Certain Remedies If any Event of Default shall have occurred and be continuing:

  • Acceleration Waivers Amendments and Remedies 8.1. Acceleration;

  • RIGHTS AND REMEDIES ON DEFAULT If an Event of Default occurs under this Agreement, at any time thereafter, Lender may exercise any one or more of the following rights and remedies: Accelerate Indebtedness. Declare all Indebtedness, including any prepayment penalty which Grantor would be required to pay, immediately due and payable, without notice of any kind to Grantor.

  • Waiver of Remedies No delay or failure on the part of the Administrative Agent or any other Guarantied Party in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Administrative Agent or any other Guarantied Party of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.

  • Termination Remedies In the event of any such material default under or material breach of the terms of this Lease by the Relevant Asset Owner, the Related Refinery Owner may, at the Related Refinery Owner’s option, at any time thereafter that such default or breach remains uncured, without further notice or demand:

  • No Waiver of Provisional Remedies, Self-Help and Foreclosure The arbitration requirement does not limit the right of any party to (i) foreclose against real or personal property collateral; (ii) exercise self-help remedies relating to collateral or proceeds of collateral such as setoff or repossession; or (iii) obtain provisional or ancillary remedies such as replevin, injunctive relief, attachment or the appointment of a receiver, before during or after the pendency of any arbitration proceeding. This exclusion does not constitute a waiver of the right or obligation of any party to submit any dispute to arbitration or reference hereunder, including those arising from the exercise of the actions detailed in sections (i), (ii) and (iii) of this paragraph.

  • Acceleration and Remedies Upon the acceleration of the obligations under the Credit Agreement pursuant to Section 8.1 thereof, the Obligations and, to the extent provided for under the Rate Management Transactions evidencing the same, the Rate Management Obligations, shall immediately become due and payable without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived, and the Agent may, with the concurrence or at the direction of the Required Secured Parties, exercise any or all of the following rights and remedies:

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