RIGHTS AND REMEDIES OF BUYER. The rights and remedies of Buyer set forth herein shall be in addition to any other rights and remedies provided in law or equity and the failure or delay by Buyer to exercise any rights or remedies under this order shall not operate as a general waiver thereof.
RIGHTS AND REMEDIES OF BUYER. The rights and remedies of Buyer set forth herein are in addition to any other rights and remedies provided in law or equity, including all implied warranties and all of Buyer’s remedies set forth in the Uniform Commercial Code.
RIGHTS AND REMEDIES OF BUYER. The rights and remedies of Buyer set forth herein shall be in addition to any other rights and remedies provided in law or equity and the failure of delay by Buyer to exercise any rights or remedies under this Order shall not operate as a general waiver thereof. No course of dealings between Seller and Buyer or any delay or omission of Buyer to exercise any right or remedy granted hereunder shall operate as a waiver of such rights, and every right and remedy of Buyer provided herein shall be cumulative, concurrent and in addition to any other further rights and remedies available in law or in equity.
RIGHTS AND REMEDIES OF BUYER. 11.1 In these Conditions: “Associate” means any holding company or subsidiary of Seller or of any other company that is such holding company or subsidiary or if Seller is, or is owned or controlled directly or indirectly by any public authority (as defined in Clause 13.1) such public authority or any company directly or indirectly controlled by it; “Event of Default” means any of: (a) Seller failing or refusing to deliver the Goods and / or the documents of title at or within the time or times provided by the Contract; (b) the Goods or any of them in Buyer's reasonable opinion (as to which the Buyer shall act in good faith) not fully complying with any of the Seller's Warranties or any implied conditions or warranties referred to in Clause 10.2 or the Goods or documents of title otherwise being defective or not strictly in accordance with the Contract;
RIGHTS AND REMEDIES OF BUYER. If an Event of Default shall have occurred and be continuing, the Buyer, without any other notice to or demand upon the Grantor, shall have in any jurisdiction in which enforcement hereof is sought, in addition to all other rights and remedies, the rights and remedies of a secured party under the Uniform Commercial Code and any additional rights and remedies as may be provided to a secured party in any jurisdiction in which Collateral is located, including, without limitation, the right to take possession of the Collateral. In addition, the Grantor waives any and all rights that it may have to a judicial hearing in advance of the enforcement of any of the Buyer's rights and remedies hereunder.
RIGHTS AND REMEDIES OF BUYER. The rights and remedies of Buyer set forth herein shall be in addition to any other rights and remedies provided in law or equity and the failure of delay by Buyer to exercise any rights or remedies under this Order shall not operate as a general waiver thereof. No course of dealings between Seller and Buyer or any delay or omission of Buyer to exercise any right or remedy granted hereunder shall operate as a waiver of such rights, and every right and remedy of Buyer provided herein shall be cumulative, concurrent and in addition to any other further rights and remedies available to law or in equity. IN NO EVENT SHALL BUYER BE LIABLE TO SELLER FOR ANTICIPATED PROFITS OR FOR PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. Buyer shall not be liable for and shall not be required to make payments to Seller, directly or on account of claims by Seller’s subcontractors, for any other alleged losses or costs, whether denominated as loss of anticipated profit, recoupment of investment, unabsorbed overhead, interest on claims, product development and engineering costs, facilities and equipment rearrangement costs or rental, unamortized depreciation costs, general and administrative burden charges resulting from termination of the Order or otherwise. Notwithstanding anything to the contrary, Xxxxx’s obligation to Seller upon termination of any Order shall not exceed the obligation Buyer would have had to Seller in the absence of termination of such Order.
