Common use of Seller’s Remedy Clause in Contracts

Seller’s Remedy. Upon termination by Buyer under this Section, Buyer will be obligated to pay only the following without duplication as Seller’s sole and exclusive remedy: (i) the Purchase Order price for all finished Products in the quantities ordered by Buyer that conform to the Purchase Order for which Seller has not been paid; (ii) Seller's reasonable actual cost of merchantable and useable work-in-process and the parts and materials transferred to Buyer under part (a)(ii) above; and (iii) Seller's reasonable actual cost of carrying out its obligation under subsection (a)(iii) above. Notwithstanding any other provision, Buyer will have no further liability to Seller and without limiting the generality of the foregoing, Buyer will have no further liability to Seller. Buyer's obligation upon termination under this Section will not exceed the obligation Buyer would have had to Seller in the absence of termination.

Seller’s Remedy. Upon termination by Buyer under this Section, Buyer will be obligated to pay only the following without duplication as Seller’s sole and exclusive remedy: : (i) the Purchase Order price for all finished Products in the quantities ordered by Buyer that conform to the Purchase Order for which Seller has not been paid; (ii) Seller's reasonable actual cost of merchantable and useable work-in-process and the parts and materials transferred to Buyer under part (a)(ii) above; and (iii) Seller's reasonable actual cost of carrying out its obligation under subsection (a)(iii) above. Notwithstanding any other provision, Buyer will have no further liability to Seller and without limiting the generality of the foregoing, Buyer will have no further liability to Seller. Buyer's obligation upon termination under this Section will not exceed the obligation Buyer would have had to Seller in the absence of termination.