Special Provisions Non-Exclusivity Sample Clauses

Special Provisions Non-Exclusivity. During any time when the rights granted to Distributor in this Agreement are non-exclusive, Manufacturer may modify a Purchase Order (the “Modified Purchase Order”) as commercially necessary in light of Manufacturer’s production capacity or any other commercial constraint; provided however, that: (a) Manufacturer may not reject, cancel, or delay a Purchase Order for any other reason; and (b) Manufacturer’s stipulation of a reasonable Carrier Possession Date in light of its current production capacity prior to acceptance (or deemed acceptance) shall not constitute a prohibited cancellation, or delay. Manufacturer shall be required to deliver written notice of the Modified Purchase Order to Distributor who shall have five (5) business days after receipt to cancel the Modified Purchase Order at the discretion of Distributor. In the event Manufacturer is unable to fill all of a Purchase Order for any reason, it shall promptly notify Distributor in writing and Distributor shall have the right, in its discretion to cancel the subject Purchase Order within five (5) business after its receipt of such written notice. Moreover, if Manufacturer delivers to Distributor updated Written Specifications with respect to Products that are the subject to a Purchase Order at any time at or prior to Manufacturer’s acceptance of that Purchase Order, Distributor shall have the right, in its discretion to cancel the subject Purchase Order within five (5) business after its receipt of such written update.
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