Common use of Rights Upon Default Clause in Contracts

Rights Upon Default. Upon and during the continuation of an Event of Default, the Non-Defaulting Party shall be entitled to: (i) pursue any and all available legal and equitable remedies; (ii) declare an Early Termination Date of this Agreement with respect to the obligations of the Defaulting Party without any liability or responsibility whatsoever except for obligations arising prior to the date of termination, by providing written notice to the Defaulting Party; provided, however, that this Agreement shall immediately terminate automatically and without notice in the case of any Event of Default in which a Supplier is the Defaulting Party occurring under subsections (i), (ii), (iii), (iv), (v), (vi), (vii) or (viii) of Section 5.1 of this Agreement and such date of automatic termination shall be deemed the Early Termination Date of this Agreement with respect to such Supplier; and (iii) receive Damages in accordance with Section 5.3 of this Agreement. The Non-Defaulting Party shall be entitled to elect or pursue one or more of the above remedies.

Rights Upon Default. ‌ Upon and during the continuation of an Event of Default, the Non-Defaulting Party shall be entitled to: (i) pursue any and all available legal and equitable remedies; (ii) declare an Early Termination Date of this Agreement with respect to the obligations of the Defaulting Party without any liability or responsibility whatsoever except for obligations arising prior to the date of termination, by providing written notice to the Defaulting Party; provided, however, that this Agreement shall immediately terminate automatically and without notice in the case of any Event of Default in which a Supplier is the Defaulting Party occurring under subsections (i), (ii), (iii), (iv), (v), (vi), (vii) or (viii) of Section 5.1 of this Agreement and such date of automatic termination shall be deemed the Early Termination Date of this Agreement with respect to such Supplier; and (iii) receive Damages in accordance with Section 5.3 of this Agreement. The Non-Defaulting Party shall be entitled to elect or pursue one or more of the above remedies.

Rights Upon Default. ‌ Upon and during the continuation of an Event of Default, the Non-Defaulting Party shall be entitled to: (i) pursue any and all available legal and equitable remedies; (ii) declare an Early Termination Date of this Agreement with respect to the obligations of the Defaulting Party without any liability or responsibility whatsoever except for obligations arising prior to the date of termination, by providing written notice to the Defaulting Party; provided, however, that this Agreement shall immediately terminate automatically and without notice in the case of any Event of Default in which a Supplier is the Defaulting Party occurring under subsections (i), (ii), (iii), (iv), (v), (vi), (vii) or (viii) of Section 5.1 of this Agreement and such date of automatic termination shall be deemed the Early Termination Date of this Agreement with respect to such Supplier; and (iii) receive Damages in accordance with Section 5.3 of this Agreement. The Subject to the immediate termination of provisions in Section 5.2(ii), the Non-Defaulting Party shall be entitled to elect or may pursue one none, one, or more of the above remediesremedies at its discretion at any point upon and during the continuation of an Event of Default.

Rights Upon Default. Upon and during the continuation of an Event of Default, the Non-Defaulting Party shall be entitled to: (i) pursue any and all available legal and equitable remedies; (ii) declare an Early Termination Date of this Agreement with respect to the obligations of the Defaulting Party without any liability or responsibility whatsoever except for obligations arising prior to the date of termination, by providing written notice to the Defaulting Party; provided, however, that this Agreement shall immediately terminate automatically and without notice in the case of any Event of Default in which a Supplier is the Defaulting Party occurring under subsections (i), (ii), (iii), (iv), (v), (vi), (vii) or (viii) of Section 5.1 of this Agreement and such date of automatic termination shall be deemed the Early Termination Date of this Agreement with respect to such Supplier; and (iii) receive Damages in accordance with Section 5.3 of this Agreement. The Non-TheSubject to the immediate termination provisions in Section 5.2(ii), the Non- Defaulting Party shall be entitled to elect or xxxxx pursue one none, one, or more of the above remedies.remedies at its discretion at any point upon and during the continuation of an Event of

Rights Upon Default. ‌ Upon and during the continuation of an Event of Default, the Non-Defaulting Party shall be entitled to: (i) pursue any and all available legal and equitable remedies; (ii) declare an Early Termination Date of this Agreement with respect to the obligations of the Defaulting Party without any liability or responsibility whatsoever except for obligations arising prior to the date of termination, by providing written notice to the Defaulting Party; provided, however, that this Agreement shall immediately terminate automatically and without notice in the case of any Event of Default in which a Supplier is the Defaulting Party occurring under subsections (i), (ii), (iii), (iv), (v), (vi), (vii) or (viii) of Section 5.1 of this Agreement and such date of automatic termination shall be deemed the Early Termination Date of this Agreement with respect to such Supplier; and (iii) receive Damages in accordance with Section 5.3 of this Agreement. The Non-Subject to the immediate termination provisions in Section 5.2(ii), the Non- Defaulting Party shall be entitled to elect or may pursue one none, one, or more of the above remediesremedies at its discretion at any point upon and during the continuation of an Event of Default.

Rights Upon Default. Upon and during the continuation of an Event of Default, the Non-Defaulting Party shall will be entitled to: (i) pursue any and all available legal and equitable remedies; (ii) declare an Early Termination Date of this Agreement with respect to the obligations of the Defaulting Party without any liability or responsibility whatsoever except for obligations arising prior to the date of termination, by providing written notice to the Defaulting Party; provided, however, that this Agreement shall will immediately terminate automatically and without notice in the case of any Event of Default in which a Supplier is the Defaulting Party occurring under subsections (iSection 5.1(i), (ii), (iii), (iv), (v), (vi), (vii) ), (viii), (ix), (x), or (viiixi) of Section 5.1 of this Agreement hereof and such date of automatic termination shall will be deemed the Early Termination Date of this Agreement with respect to such Supplier; and (iii) receive Damages in accordance with Section 5.3 of this Agreement. The Non-Defaulting Party shall will be entitled to elect or pursue one or more of the above remediesremedies simultaneously or sequentially, as appropriate.

Rights Upon Default. Upon and during the continuation of an Event of Default, the Non-Defaulting Party shall be entitled to: (i) pursue any and all available legal and equitable remedies; (ii) declare an Early Termination Date of this Agreement with respect to the obligations of the Defaulting Party without any liability or responsibility whatsoever except for obligations arising prior to the date of termination, by providing written notice to the Defaulting Party; provided, however, that this Agreement shall immediately terminate automatically and without notice in the case of any Event of Default in which a Supplier is the Defaulting Party occurring under subsections (i), (ii), (iii), (iv), (v), (vi), (vii) or (viii) of Section 5.1 of this Agreement and such date of automatic termination shall be deemed the Early Termination Date of this Agreement with respect to such Supplier; and (iii) receive Damages in accordance with Section 5.3 of this Agreement. The Non-TheSubject to the immediate termination of provisions in Section 5.2(ii), the Non- Defaulting Party shall be entitled to elect or xxxxx pursue one none, one, or more of the above remedies.remedies at its discretion at any point upon and during the continuation of an Event of