Common use of Remedies Available to the Operator upon Default by Manufacturer Clause in Contracts

Remedies Available to the Operator upon Default by Manufacturer. If the Manufacture shall be in default pursuant to Paragraphs 12.1 (a), (b), or (c) of this Agreement, unless such default shall have been caused by any act or failure to act on the part of the Operator or its personnel, including but not limited to the failure of the Operator to have brought the Site into conformance with the Site Plan) Specifications, the Operator shall have the right to rescind this agreement by serving written notice ("Notice of Rescission") upon the Manufacturer and the Operator shall thereupon be entitled to stipulated damages in the agreed to amount of one million dollars (US $1,000,000). In such event, the Manufacturer shall, at its own expense, remove the TCTS-1 System as promptly as practicable following its receipt of such Notice of Rescission and all monies theretofore paid by the Operator to the Manufacturer pursuant to Sections 3.3 and 4.3, above, shall be returned by the Manufacturer to the Operator.

Remedies Available to the Operator upon Default by Manufacturer. If the Manufacture shall be in default pursuant to Paragraphs 12.1 (a), (b), or (c) of this Agreement, unless such default shall have been caused by any act or failure to act on the part of the Operator or its personnel, including but not limited to the failure of the Operator to have brought the Site into conformance with the Site Plan) Specifications, the Operator shall have the right to rescind this agreement by serving written notice ("Notice of Rescission") upon the Manufacturer and the Operator shall thereupon be entitled to stipulated damages in the agreed to amount of one million dollars (US $1,000,000). In such event, the Manufacturer shall, at its own expense, remove the TCTS-1 TCS-1 System as promptly as practicable following its receipt of such Notice of Rescission and all monies theretofore paid by the Operator to the Manufacturer pursuant to Sections 3.3 and 4.3, above, shall be returned by the Manufacturer to the Operator.

Remedies Available to the Operator upon Default by Manufacturer. If the Manufacture shall be in default pursuant to Paragraphs 12.1 (a), (b), or (c) of this Agreement, unless such default shall have been caused by any act or failure to act on the part of the Operator or its personnel, including but not limited to the failure of the Operator to have brought the Site into conformance with the Site Plan) Specifications, the Operator shall have the right to rescind this agreement by serving written notice ("Notice of Rescission") upon the Manufacturer and the Operator shall thereupon be entitled to stipulated damages in the agreed to amount of one million dollars (US 296 $1,000,000). In such event, the Manufacturer shall, at its own expense, remove the TCTS-1 TCS-1 System as promptly as practicable following its receipt of such Notice of Rescission and all monies theretofore paid by the Operator to the Manufacturer pursuant to Sections 3.3 and 4.3, above, shall be returned by the Manufacturer to the Operator.