RIGHT OF BUYER TO PERFORM Sample Clauses

RIGHT OF BUYER TO PERFORM. 22.1 If Seller fails to perform any of its obligations under this Order, Buyer and its agents may, without limiting or affecting its other rights and remedies available hereunder or at law, but shall not be obligated to, perform such obligations without waiving or releasing Seller from such obligations. Where applicable, Buyer and its agents shall be entitled to enter upon Seller’s premises to perform, or to remove any tooling, molds and all materials necessary to perform such obligations. All costs, damages and expenses incurred directly or indirectly by Buyer in connection with the foregoing, including legal and other professional fees and Buyer’s administrative time, labor and materials, shall be paid by Seller to Buyer on demand or, at Buyer’s sole option, may be set off against and deducted from any amounts then owing by Buyer to Seller.
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RIGHT OF BUYER TO PERFORM. If Seller fails to perform any of its obligations under this Order, and Seller has not remedied such failure to perform within ten (10) days (or such shorter period of time as KUKA ASSEMBLY AND TEST may determine, if commercially reasonable under the Circumstances) of written notice from KUKA ASSEMBLY AND TEST (except in the event of a delay in the delivery date or the final acceptance date, in which case such notice and cure period shall not apply), then KUKA ASSEMBLY AND TEST and its agents may without limiting or affecting its other rights and remedies hereunder or at law (but shall not be obligated to) perform the obligation without waiving or releasing Seller from the obligation. Where applicable, KUKA ASSEMBLY AND TEST and its agents shall be entitled to enter upon Seller's premises to perform or remove the goods and related tooling and materials necessary to perform such obligations. All costs, damages and expenses incurred directly or indirectly by KUKA ASSEMBLY AND TEST in connection with the foregoing shall be paid by Seller to KUKA ASSEMBLY AND TEST on demand or, at KUKA ASSEMBLY AND TEST's sole option, may be set off against and deducted from any amounts then owing by KUKA ASSEMBLY AND TEST to Seller.
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RIGHT OF BUYER TO PERFORM. 20.1 If Seller fails to perform any of its obligations under any Agreement, Buyer and its agents may, without limiting or affecting its other rights and remedies available under the Agreement or at law, but shall not be obligated to, perform such obligations without waiving or releasing Seller from such obligations. Where applicable, Buyer and its agents shall be entitled to enter upon Seller’s premises to perform, or to remove any Tooling and all materials necessary to perform such obligations. All costs, damages and expenses incurred directly or indirectly by Buyer in connection with the foregoing, including legal and other professional fees and Buyer’s administrative time, labor and materials, shall be paid by Seller to Buyer on demand or, at Buyer’s sole option, may be set off against and deducted from any amounts then owing by Buyer to Seller. Intelectual del Comprador, que sea propiedad o esté controlada por el Vendedor o sus afiliados y que esté relacionada con la producción de los Bienes, incluyendo, entre otros , patentes, diseños industriales, trabajos de autoría, dibujos, impresiones, especificaciones, manuales, información técnica, know-how y procesos de fabricación, a fin de permitir a los licenciatarios usar, vender, ofrecer vender, importar, fabricar, realizar, reparar , reconstruir y reubicar los Bienes o Servicios o artículos en los que se estos se integren.
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Related to RIGHT OF BUYER TO PERFORM

  • WARRANTY OF CONTRACTOR’S ABILITY TO PERFORM The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor’s ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the Suspended Vendor List, Convicted Vendor List, or the Discriminatory Vendor List, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Department in writing if its ability to perform is compromised in any manner during the term of the Contract. Information Technology Staff Augmentation Services Contract No. 80101507-21-STC-ITSA Contract Exhibit F Resume Self-Certification Form Contractor’s candidates shall complete this Resume Self-Certification Form. Completed Resume Self-Certification Forms shall be submitted within the Contractor’s response to Customer’s requests for quote. “I the undersigned do hereby certify, under the penalty of perjury, that information in my resume submitted for consideration of the State of Florida contract position is true, correct, complete, and made in good faith to the best of my knowledge and belief. If an omission, falsification, misstatement, or misrepresentation has been made regarding my education, work ability, experience, employment history, and/or fitness for employment as a contractor, I may be disqualified as a contractor, and the matter will be reported to appropriate agency or law enforcement personnel. I understand that there may be civil and/or criminal penalties for misrepresenting pertinent information in connection with contract positions, including, but not limited to, penalties available under sections 287.133 or 817.566, Florida Statutes. I further understand that if I am not a United States citizen, violation cases may be reported to the US Department of Homeland Security for potential deportation.” “In addition, I the undersigned do hereby consent to the release of my information by employers, educational institutions, law enforcement agencies, and other individuals and organizations to investigators and other authorized agents of Florida for verification and investigation purposes. I understand that any documents submitted to procure a contract(s) with the State of Florida, including resumes, are public records.” Print Full Legal Name of Candidate Candidate’s Signature Date Candidate’s Form of Identification Presented Identification number Contractor’s Witness Signature One Date Contractor’s Witness Signature Two Date Print Name Contractor’s Witness One Print Name Contractor’s Witness Two Information Technology Staff Augmentation Services Contract No. 80101507-21-STC-ITSA Contract Exhibit G Contractor Selection Justification Form Customers shall complete this Contractor Selection Justification Form for each candidate selected and attach all completed forms to the purchase order. Date: Contractor’s Name: _ Contractor’s Contact Information: Candidate’s Name: Address: _ Phone: _ Email: _ Date Candidate will be available: _ Hourly rate of candidate: $ Position candidate recommended for: _ Justification for selection of candidate: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Agency: Division/Section/Unit: _ Printed Name: _ Title: _ Signature _ Date: Information Technology Staff Augmentation Services Contract No. 80101507-21-STC-ITSA Contract Exhibit H Contractor Performance Survey Note: This is an example of the questions contained in the Contractor Performance Survey. The actual survey will be provided in electronic form. Customers shall complete this Contractor Performance Survey for each Contractor on a quarterly basis. Customers will electronically submit the completed Contractor Performance Survey(s) to the Department Contract Manager no later than the due date indicated the Scope of Work. Contractor's Name: Quarter: Purchase Order (PO) Number: PO Total $ Amount: PO Starting Date Ending Date Please review the attached Rating Definitions and provide your opinion by rating the following: Quality of Service

  • Indemnity by Buyer Buyer shall release, indemnify and hold harmless Seller, its directors, officers, agents, and representatives against and from any and all loss, Claims, actions or suits, including costs and attorney’s fees resulting from, or arising out of or in any way connected with the Product delivered by Seller under this Agreement after the Delivery Point, including any loss, Claim, action or suit, for or on account of injury to, bodily or otherwise, or death of persons, or for damage to or destruction of property belonging to Buyer, Seller, or others, excepting only such loss, Claim, action or suit as may be caused solely by the willful misconduct or gross negligence of Seller, its Affiliates, or Seller’s and Affiliates’ respective agents, employees, directors or officers.

  • TERMINATION BY MPS - BREACH BY CONTRACTOR If Contractor fails to fulfill its obligations under this Contract in a timely or proper manner, or violates any of its provisions, MPS shall thereupon have the right to terminate it by giving five (5) days written notice before the effective date of termination of the Contract, specifying the alleged violations, and effective date of termination. The Contract shall not be terminated if, upon receipt of the notice, Contractor promptly cures the alleged violation with five (5) days. In the event of termination, MPS will only be liable for services rendered through the date of termination and not for the uncompleted portion, or for any materials or services purchased or paid for by Contractor for use in completing the Contract.

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