Sale and Purchase Obligations. (a) Seller agrees to sell to Purchaser, only upon Purchaser’s order (after compliance with the terms of Section 2.3 hereof), and Purchaser thereafter agrees to purchase from Seller, any Product of Seller offered to Purchaser at any time during the term of this Agreement and in accordance with the terms and provisions hereof. (b) If Seller is unable, for any reason other than a volitional declination to do so, to supply Purchaser with Purchaser’s requirements for any Product within the time period specified for delivery of such Product in an order from Purchaser, then the obligations to purchase and sell hereunder shall cease in respect of such order and shall be of no further effect or force. (c) No provision of this Agreement shall be construed to impair Seller’s right to supply any Product to any person other than Purchaser. No provision of this Agreements shall be construed to impair Purchaser’s right to purchase any Product from any person other than Seller.
Appears in 6 contracts
Samples: Master Sales Agreement (Lubys Inc), Master Sales Agreement (Lubys Inc), Master Sales Agreement (Lubys Inc)
Sale and Purchase Obligations. (a) Seller agrees to sell to Purchaser, only upon Purchaser’s 's order (after compliance with the terms of Section 2.3 hereof), and Purchaser thereafter agrees to purchase from Seller, any Product of Seller offered to Purchaser at any time during the term of this Agreement and in accordance with the terms and provisions hereof.
(b) If Seller is unable, for any reason other than a volitional declination to do so, to supply Purchaser with Purchaser’s 's requirements for any Product within the time period specified for delivery of such Product in an order from Purchaser, then the obligations to purchase and sell hereunder shall cease in respect of such order and shall be of no further effect or force.
(c) No provision of this Agreement shall be construed to impair Seller’s 's right to supply any Product to any person other than Purchaser. No provision of this Agreements shall be construed to impair Purchaser’s 's right to purchase any Product from any person other than Seller.
Appears in 1 contract
Samples: Master Sales Agreement (Lubys Inc)