Representations and Acknowledgements. The Parties agree, acknowledge and represent that: a. the Parties have reviewed the terms and provisions of the Interim Critical Vendor Order and this Trade Agreement and consent to be bound by such terms and that this Trade Agreement is expressly subject to the procedures approved pursuant to the Interim Critical Vendor Order; b. any payments made on account of the Agreed Supplier Claim shall be subject to the terms and conditions of the Critical Vendor Orders; c. if Supplier refuses to supply goods or services to the Company as provided herein or otherwise fails to perform any of its obligations hereunder, the Company may exercise all rights and remedies available under the Interim Critical Vendor Order, the Bankruptcy Code, or applicable law; and d. in the event of disagreement between the Parties regarding whether a breach has occurred, either Party may apply to the Court for a determination of their relative rights, in which event, no action may be taken by either Party, including, but not limited to, the discontinuing of shipment of goods from Supplier to the Company, until a ruling of the Court is obtained.
Appears in 2 contracts
Samples: Trade Agreement, Trade Agreement
Representations and Acknowledgements. The Parties agree, acknowledge and represent that:
a. the Parties have reviewed the terms and provisions of the Interim Final Critical Vendor Order and this Trade Agreement and consent to be bound by such terms and that this Trade Agreement is expressly subject to the procedures approved pursuant to the Interim Final Critical Vendor Order;
b. any payments made on account of the Agreed Supplier Claim shall be subject to the terms and conditions of the Critical Vendor Orders;
c. if Supplier refuses to supply goods or services to the Company as provided herein or otherwise fails to perform any of its obligations hereunder, the Company may exercise all rights and remedies available under the Interim Final Critical Vendor Order, the Bankruptcy Code, or applicable law; and
d. in the event of disagreement between the Parties regarding whether a breach has occurred, either Party may apply to the Court for a determination of their relative rights, in which event, no action may be taken by either Party, including, but not limited to, the discontinuing of shipment of goods from Supplier to the Company, until a ruling of the Court is obtained.
Appears in 1 contract
Samples: Trade Agreement
Representations and Acknowledgements. The Parties agree, acknowledge and represent that:
a. the Parties have reviewed the terms and provisions of the Interim Critical Foreign Vendor Order Orders and this Trade Agreement and consent to be bound by such terms and that this Trade Agreement is expressly subject to the procedures approved pursuant to the Interim Critical Foreign Vendor OrderOrders;
b. any payments made on account of the Agreed Supplier Claim shall be subject to the terms and conditions of the Critical Foreign Vendor Orders;
c. if Supplier refuses to supply goods or services to the Company as provided herein or otherwise fails to perform any of its obligations hereunder, the Company may exercise all rights and remedies available under the Interim Critical Foreign Vendor OrderOrders, the Bankruptcy Code, or applicable law; and
d. in the event of disagreement between the Parties regarding whether a breach has occurred, either Party may apply to the Court for a determination of their relative rights, in which event, no action may be taken by either Party, including, but not limited to, the discontinuing of shipment of goods from Supplier to the Company, until a ruling of the Court is obtained.
Appears in 1 contract
Samples: Trade Agreement
Representations and Acknowledgements. The Parties agree, acknowledge and represent that:
a. the Parties have reviewed the terms and provisions of the Interim Critical Vendor Order Trade Orders and this Trade Agreement and consent to be bound by such terms and that this Trade Agreement is expressly subject to the procedures approved pursuant to the Interim Critical Vendor OrderTrade Orders;
b. any payments made on account of the Agreed Supplier Claim shall be subject to the terms and conditions of the Critical Vendor Trade Orders;
c. if Supplier refuses to supply goods or services to the Company as provided herein or otherwise fails to perform any of its obligations hereunder, the Company may exercise all rights and remedies available under the Interim Critical Vendor OrderTrade Orders, the Bankruptcy Code, or applicable law; and
d. in the event of disagreement between the Parties regarding whether a breach has occurred, either Party may apply to the Court for a determination of their relative rights, in which event, no action may be taken by either Party, including, but not limited to, the discontinuing of shipment of goods from Supplier to the Company, until a ruling of the Court is obtained.
Appears in 1 contract
Samples: Vendor Support Agreement
Representations and Acknowledgements. The Parties agree, acknowledge and represent that:
a. the Parties have reviewed the terms and provisions of the Interim Critical Vendor Order and this Trade Agreement and consent to be bound by such terms and that this Trade Agreement is expressly subject to the procedures approved pursuant to the Interim Critical Vendor Order;
b. any payments made on account of the Agreed Supplier Claim shall be subject to the terms and conditions of the Critical Vendor OrdersOrder;
c. if the Supplier refuses to supply goods or services to the Company as provided herein or otherwise fails to perform any of its obligations hereunder, the Company may exercise all rights and remedies available under the Interim Critical Vendor Order, the Bankruptcy Code, or applicable law; and
d. in the event of disagreement between the Parties regarding whether a breach has occurred, either Party may apply to the Court for a determination of their relative rights, in which event, no action may be taken by either Party, including, but not limited to, the discontinuing of shipment of goods from the Supplier to the Company, until a ruling of the Court is obtained.
Appears in 1 contract
Samples: Trade Agreement
Representations and Acknowledgements. The Parties agree, acknowledge and represent that:
a. the Parties have reviewed the terms and provisions of the Interim Critical Vendor Order Orders and this Trade Agreement and consent to be bound by such terms and that this Trade Agreement is expressly subject to the procedures approved pursuant to the Interim Critical Vendor Order;Orders
b. any payments made on account of the Agreed Supplier Claim shall be subject to the terms and conditions of the Critical Vendor Orders;
c. if Supplier refuses to supply goods or services to the Company as provided herein or otherwise fails to perform any of its obligations hereunder, the Company may exercise all rights and remedies available under the Interim Critical Vendor OrderOrders, the Bankruptcy Code, or applicable law; and
d. in the event of disagreement between the Parties regarding whether a breach has occurred, either Party may apply to the Court for a determination of their relative rights, in which event, no action may be taken by either Party, including, but not limited to, the discontinuing of shipment of goods from Supplier to the Company, until a ruling of the Court is obtained.
Appears in 1 contract
Samples: Trade Agreement