Common use of Rights of Ceres Parties Clause in Contracts

Rights of Ceres Parties. Subject to the dispute resolution procedures set forth in Section 22 of this Agreement, if there is an Uncured Breach by PharMerica, the Ceres Parties shall have the following rights in addition to any other remedies provided by this Agreement or by law or equity (but in all cases subject to the limitations of Section 23(m)): A. If such Uncured Breach pertains to a Facility, Ceres may Withdraw such Facility immediately by giving notice of such Withdrawal to PharMerica, and, if * or more of the Original Facilities have been Withdrawn pursuant to this Section 14(a)(i)(A), Ceres may terminate this Agreement immediately by giving notice of such termination to PharMerica; and B. If an Uncured Breach is material to the Ceres Parties taken as a whole, Ceres may terminate this Agreement immediately by giving notice of such termination to PharMerica.

Rights of Ceres Parties. Subject to the dispute resolution procedures set forth in Section 22 of this Agreement, if there is an Uncured Breach by PharMerica, the Ceres Parties shall have the following rights in addition to any other remedies provided by this Agreement or by law or equity (but in all cases subject to the limitations of Section 23(m)): A. If such Uncured Breach pertains to a Facility, Ceres may Withdraw such Facility immediately by giving notice of such Withdrawal to PharMerica, and, if * fifteen percent (15%) or more of the Original Facilities have been Withdrawn pursuant to this Section 14(a)(i)(A), Ceres may terminate this Agreement immediately by giving notice of such termination to PharMerica; and B. If an Uncured Breach is material to the Ceres Parties taken as a whole, Ceres may terminate this Agreement immediately by giving notice of such termination to PharMerica.