Common use of Seller Right to Suspend Clause in Contracts

Seller Right to Suspend. If (A) Seller has not received payment in respect of any amounts due under any invoice(s) under this Agreement totaling in excess of USD [***] (US$[***]) within five (5) Business Days after the due date thereof, or (B) Buyer is not in compliance with Section 15.3, then without prejudice to any other rights and remedies of Seller arising under this Agreement or by Applicable Laws or otherwise, upon giving five (5) Business Days’ notice to Buyer: (a) Seller may suspend delivery of any or all subsequent cargoes until (i) the amounts outstanding under such invoice(s) and interest thereon have been paid in full, or (ii) Buyer is in compliance with Section 15.3, as the case may be. (b) In the event of such suspension, Buyer shall not be relieved of any of its obligations under this Agreement, and the provisions of Sections 5.7.2 to 5.7.7 shall apply with respect to each cargo scheduled in the ADP or Ninety Day Schedule which is not delivered during the suspension. (c) During the period that such suspension is effective, Seller shall have no obligation to make available LNG to Buyer.

Appears in 2 contracts

Samples: LNG Sale and Purchase Agreement (Tellurian Inc. /De/), LNG Sale and Purchase Agreement (Tellurian Inc. /De/)

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Seller Right to Suspend. If (A) Seller has not received payment in respect of any amounts due under any invoice(s) under this Agreement totaling in excess of USD [***] (US$[***]) within five (5) Business Days after the due date thereof, or (B) Buyer is not in compliance with Section 15.3‎15.3, then without prejudice to any other rights and remedies of Seller arising under this Agreement or by Applicable Laws or otherwise, upon giving five (5) Business Days’ notice to Buyer: (a) Seller may suspend delivery of any or all subsequent cargoes until (i) the amounts outstanding under such invoice(s) and interest thereon have been paid in full, or (ii) Buyer is in compliance with Section 15.3‎15.3, as the case may be. (b) In the event of such suspension, Buyer shall not be relieved of any of its obligations under this Agreement, and the provisions of Sections 5.7.2 ‎5.7.2 to 5.7.7 ‎5.7.7 shall apply with respect to each cargo scheduled in the ADP or Ninety Day Schedule which is not delivered during the suspension. (c) During the period that such suspension is effective, Seller shall have no obligation to make available LNG to Buyer.

Appears in 1 contract

Samples: LNG Sale and Purchase Agreement (Tellurian Inc. /De/)

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Seller Right to Suspend. If (A) Seller has not received payment in respect of any amounts due under any invoice(s) under this Agreement totaling in excess of USD [***] (US$[***]) within five (5) Business Days after the due date thereof, or (B) Buyer is not in compliance with Section 15.3‎15.3, then without prejudice to any other rights and remedies of Seller arising under this Agreement or by Applicable Laws or otherwise, upon giving five (5) Business Days’ notice to Buyer: (a) Seller may suspend delivery of any or all subsequent LNG cargoes until (i) the amounts outstanding under such invoice(s) and interest thereon have been paid in full, or (ii) Buyer is in compliance with Section 15.3‎15.3, as the case may be. (b) In the event of such suspension, Buyer shall not be relieved of any of its obligations under this Agreement, and the provisions of Sections 5.7.2 ‎5.7.2 to 5.7.7 ‎5.7.7 shall apply with respect to each LNG cargo scheduled in the ADP or Ninety Day Schedule which is not delivered during the suspension. (c) During the period that such suspension is effective, Seller shall have no obligation to make available LNG to Buyer.

Appears in 1 contract

Samples: LNG Sale and Purchase Agreement (Tellurian Inc. /De/)

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