Supplier Default. If the Supplier:
Supplier Default. If the services cannot be carried out due to any default of the Supplier then the Hirer shall incur no charge for the specific item of Plant the subject of such default.
Supplier Default. The obligations to purchase Product under this Agreement may be terminated by Buyer if any one or more of the following events occur (each a "Supplier Default"):
Supplier Default. Should the Buyer consider that the Seller is not executing the Order in accordance with or as stipulated in the Contract; or the Seller has not made sufficient progress to ensure delivery of the Goods by the time stated in the Order, or that such time has already expired; or the Seller has refused to carry out the reasonable instruction of the Purchaser for the execution of Order or is otherwise in breach of its obligations under the Contract. The Buyer may give notice to the Seller specifying the default and requiring the Seller to remedy it within seven days or such longer period as the Buyer may specify. If the Seller fails so to remedy its default then the Buyer may terminate the Order in whole or in part by notice to the Seller with immediate effect. Thereupon the Buyer may itself complete performance or secure such performance by others of that part of the Order which the Seller has failed to perform using for that purpose (making a fair and proper allowance therefor in any payment subsequently made to the Seller) any materials, plant and equipment on the Buyers premises belonging to the Seller. The Buyer shall not be liable to make any further payment to the Seller until the Order has been completed in accordance with the requirements of the Contract, and shall be entitled to deduct from any amount due to the Seller the costs thereof incurred by the Buyer if the total cost to the Company exceeds the amount (if any) due to the Seller, the difference shall be recoverable by the Buyer from the Seller. The Buyer shall not be liable for any loss whatsoever suffered by the Seller as a result of the Buyers action.
Supplier Default. If the Supplier is in breach of any of its obligations under this Contract (Supplier Default), then the Company may give notice to the Supplier identifying the breach and requesting the Supplier to remedy such breach within the period specified in the notice (such period to be a minimum of 10 Business Days).
Supplier Default. Upon the occurrence of an event of default under this Agreement on the part of [Supplier], Distributor may (a) terminate this Agreement upon thirty (30) days prior written notice to [Supplier] and (b) exercise any or all other rights and remedies provided for under applicable law and this Agreement.
Supplier Default. Notwithstanding the foregoing, Ottobock’s purchase obligations shall be excused, suspended, and/or delayed, upon any of the following conditions: (a) the Products are found to be manufactured outside of required manufacturing specifications or are otherwise unsafe or unsatisfactory for end-customers; (b) there has been a material and valid claim or claims by an end-customer, government agency, or regulatory body that the Products are not fit or compliant for offering, marketing, sale or distribution; (c) there has been a material claim or claims of intellectual property infringement by a third-party seeking the ceasing of the distribution of the Products by either Supplier or Ottobock, that has been filed in court or is affirmed as legitimate by the reasonable opinion of Supplier’s intellectual property counsel, (d) there has been a material change in or removal of the reimbursement for the Products by public or private payors or reimbursement received from Exclusive Customers, (e) Supplier has not obtained CE Xxxx registration for the Products by December 31, 2017,or (f) Supplier has otherwise breached its obligations to Manufacture in a manner constituting a material breach under Section 9.2(a) below (each, a “Supplier Default”). In the event of a Supplier Default, the Parties shall meet to discuss the potential solution or resolution to the condition, and during the time of resolution or remediation of the condition, the minimum purchase requirements shall be excused, reduced and/or suspended, pending the resolution of the condition, and then after such resolution to the mutual satisfaction of the Parties, the minimum purchase requirements shall continue as appropriately adjusted. In the event Parties mutually agree that the condition of Supplier Default cannot be resolved within ninety (90) days of discovery and notice, then it shall be reason for immediate termination under Section 9.2(g) of this Agreement.
Supplier Default. Either Party may immediately terminate this Agreement in accordance with the terms of Section 4.4(b)(iv).
Supplier Default. The Director is leading the development of proposals to deal with the consequences of an electricity supplier defaulting on its obligations under one or more industry agreements, the most likely cause being insolvency. Discussions with industry participants are continuing following a recent consultation exercise. It is probable that the proposals agreed as a result of this exercise will require changes to be made to this Agreement to reflect them. 3. Performance Assurance The Shadow MEC has been developing processes for performance assurance in relation to parties' obligations under this Agreement which are not covered by other agreements. This development will be continued by MEC. The development of the performance assurance procedures will involve completing the following tasks: 1. agreeing the scope of the MRA performance assurance criteria; 2. identifying the prioritised risk areas in the MRA that are not covered elsewhere and those that are required prior to Controlled Market Start-Up; 3. determining the techniques for enduring MRA performance assurance; 4. planning the development of the detailed performance assurance procedures; 5. developing the performance assurance procedures; 6. building up the capability to undertake the agreed performance assurance processes; 7. developing appropriate reporting and monitoring arrangements; and 8. developing and implementing the systems to support performance assurance processes and; 9. developing an appropriate entry process. 4. Millennium Compliance Negotiations have been taking place in the context of the PES Standard Agreements on provisions to apply in the event of millennium related systems failure. The negotiations have failed to resolve the issue which is now to be referred to the Director for its view. Once the issue has been resolved, it is the parties intention that provisions reflecting the agreed position be developed for insertion into the MRA. 5. Procedure for Objection by Old Supplier PES s have been in discussion with the Director and with certain Suppliers in relation to grounds for objection in circumstances where a customer has outstanding debts relating to electricity supplied, including in relation to a previous premises. MEC should consider whether amendments should be made to the existing provisions of Clause 16 to provide appropriate protections, having regard to market developments. SCHEDULE 13 MRA Service Company Limited
Supplier Default. Each of the following events shall constitute default by Supplier hereunder (a "Supplier Default") except to the extent excused by the fault, action or inaction of Owner:
