Supplier Remedies Clause Samples

Supplier Remedies. If a SW Event of Default occurs and is continuing, the Supplier shall have the right, upon written notice to Silver Wheaton, at its option and in addition to and not in substitution for any other remedies available at law or equity, to suspend its delivery obligations set out in Section 2.1(b) and if, after the Deposit Reduction Date, such SW Event of Default has continued for more than 12 months, the Supplier also shall have the right to terminate this Agreement. If Silver Wheaton cures the SW Event of Default in full, then the Supplier’s obligations under this Agreement shall recommence as of the date Silver Wheaton cures the SW Event of Default in full, and the Supplier shall not be obligated to sell or deliver any Refined Silver to Silver Wheaton in respect of Offtaker Deliveries made during such suspension. Notwithstanding the foregoing, if a SW Event of Default under Section 11.4(b) has occurred and is continuing, then the Supplier shall have no right to terminate this Agreement, but it shall be entitled to other remedies available to it at law or equity.

Supplier Remedies. Should Company not be in compliance with its obligations hereunder, Supplier shall provide written notice to Company of same and Company shall have ninety (90) Days from and after the date of Company’s receipt of such notice to remedy such non compliance (excluding delays caused by events of Force Majeure or acts or omissions of Supplier or Supplier’s Affiliates). Should Company thereafter continue to be in non- compliance with this provision, Company shall be deemed to be in default hereunder and Supplier shall have the following remedies with respect to such default: (i) the right to compel Company’s specific performance of its obligations under this Section 5.B; (ii) seek recovery of Supplier’s direct and actual damages arising from such default by Company accruing from and after the date of default and not the date of Supplier’s notice regarding same; and Should Company fail to cure the default by one (1) Year after the date of default, then Supplier shall have the additional right to contract with third parties to gather and Process all or any portion of Supplier’s Gas committed under the Agreement, and such Section 5 System & Plant Capacity Expansions volumes as are thereafter diverted to such a third party gatherer shall be released from the Agreement; and/or to terminate the Agreement partially or in its entirety.

Supplier Remedies. If an Event of Default by Customer has occurred, and provided that Customer has not cured the relevant breach that gave rise to the Event of Default, Supplier may, following expiration of the cure periods set forth in Section 10.1, on issuing written notice to Customer: (a) in addition to pursuing any other remedy now or hereafter available to Supplier at law or in equity, terminate this Agreement, surrender possession of the Easement Area to Customer and remove the System from the Easement Area in accordance with Section 11.2 and recover from Customer, (i) the amount set forth in the Buyout Schedule in effect for the year in which the termination occurs as liquidated damages for said breach, plus (ii) any reasonable costs and expenses incurred by Supplier in removing the System; provided, however, that if Customer breaches its obligation to provide the Easement, and, as a result, Supplier is unable to remove the System, in addition to amounts payable under clause (i) and (ii) of this Section 10.2(a), Supplier shall also be entitled to recover the Fair Market Value of the System, as determined in accordance with the rules and regulations of the Internal Revenue Service, to the extent such value exceeds amounts paid by Customer under clause (i) of this Section 10.2(a); or (b) in addition to pursuing any other remedy now or hereafter available to Supplier at law or in equity, terminate this Agreement (other than any section required for maintenance of the Easement), retain possession of the Easement Area and keep the System installed within the Easement Area and make all electricity generated by the System available for delivery to, and purchase by, the Utility at the Point of Common Coupling pursuant to any then- applicable feed-in tariff until the twentieth (20th) anniversary of the beginning of the Initial Delivery Term.

Supplier Remedies. Other than Company’s obligations to complete capacity expansions to comply with its obligations under Section 5, this Section 6.B, sets forth Supplier’s sole remedies for excessive line pressures at any Delivery Points on the Gathering System.

Supplier Remedies. (a) (Accrued payments): The Supplier, following termination of this Agreement under this provision, retains the right to receive any unpaid Supply Payment which has accrued due on or before the termination date, in addition to any other right against the Recipient provided under this Agreement or by law. (b) (Damages exclusion): The Supplier, to the fullest extent permitted by law, has no liability of any nature or description to the Recipient for any damages, compensation or additional payment, whether arising in contract or tort or under any legislation or otherwise, for any loss incurred by the Recipient resulting from any termination of this Agreement by the Supplier under this provision. (c) (Specific relief): The Recipient acknowledges that monetary damages alone would not be a sufficient remedy for a default under clause 10.2 (Negative Undertakings), clause 11 (Intellectual Property) or clause 12 (Confidentiality) and, in addition to any other legal remedy, the Supplier is entitled to any interim, interlocutory or permanent injunction to prevent default under, or compel specific performance of, that provision, without prejudice to any right of enforcement of any other provision.

Supplier Remedies. 4.1 In the event that Supplier believes Customer used, or allows the Equipment to be used, in connection with, or for the purpose of, a Prohibited Act, and Customer has failed to allow Supplier or Supplier’s agent reasonable access to its facilities, Supplier may broadly disseminate information about this belief to the public, to competitors, suppliers and customers of Customer, and to any governmental, quasi-governmental or United Nations body, in any manner Supplier choses. 4.2 Supplier will have no liability to Customer for this disclosure in the absence of gross negligence in forming its opinion. 4.3 In the event of a breach of this Side Letter: (a) Customer must return to Supplier at Customer’s sole cost all items delivered to Customer by Supplier, including without limitation the Equipment, related instruction materials, parts and tools. Customer expressly recognizes that any breach of this Section 4.3(a) of this Side Letter by it will result in irreparable injury to Supplier and agrees that Supplier will be entitled, if it so elects, to institute and prosecute proceedings in any court of competent jurisdiction, to enforce the specific performance by Customer of this Section 4.3(a) of this Side Letter, and/or to enjoin Customer from activities in violation of this Side Letter.‌ (b) Customer will pay to Supplier all costs it incurred in enforcing this Side Letter, including without limitation reasonable attorneys’ fees, service of process and costs of collection. (c) Supplier will be entitled to interest on any award until paid at the lesser rate of (i) Twelve Percent (12%) or (ii) the maximum rate of interest or its equivalent under the law of the applicable enforcement forum. (d) Supplier has the right, by any means available to the Supplier, to put the product out of operational service. 4.4 In the event of a conflict between the Side Letter and the Agreement, the terms of the Side Letter will control.

Supplier Remedies. If a Wheaton Event of Default occurs and is continuing, Supplier shall have the right, upon written notice to Wheaton, at its option and in addition to and not in substitution for any other remedies available under Applicable Law, to take any or all of the following actions: (a) demand all amounts due from Wheaton to Supplier but not yet paid, including Losses pursuant to Section 10.5, and set off any such amount in accordance with Section 11.5; (b) in the event of any Wheaton Event of Default set out in Section 10.3(a) which is continuing for a period of three (3) consecutive months and provided there is no continuing Supplier Event of Default at such time, or a Wheaton Change of Control or Transfer in favour of a Restricted Person in breach of Sections 7.14 or 12.13(c), upon written notice to Wheaton, suspend its delivery obligations in respect of Refined Gold and Refined Palladium under Sections 2.1(a) and 2.2(a) (other than those delivery obligations that arose prior to the date of such Wheaton Event of Default) and its obligations under Sections 6.1 and 6.4, and such other obligations contained herein as are required in connection therewith; (c) bring an action for specific performance; and (d) in the event of any Transfer in breach of Sections 7.14 or 12.13(c), take all steps available under Applicable Law to have such Transfer declared null and void; provided that if Supplier elects the remedy set out in Section 10.4(b) and Wheaton cures such Wheaton Event of Default in full, then Supplier’s suspended obligations under this Agreement shall recommence as of the date Wheaton so cures such Wheaton Event of Default and notifies Supplier thereof in writing, and any Refined Gold and Refined Palladium that Supplier would have been obligated to deliver but for such suspension shall then be due and deliverable with the next delivery obligations pursuant to Sections 2.1(a) and 2.2(a). Prior to the curing of such Wheaton Event of Default by Wheaton, Supplier may sell Refined Gold and Refined Palladium to any third parties in its discretion at prices agreed with such third parties, provided that for greater certainty such third party sales shall in no way reduce Supplier’s delivery obligations to deliver any Refined Gold and Refined Palladium that Supplier would have been obligated to deliver but for such suspension once the Wheaton Event of Default is cured. Notwithstanding the foregoing, to the extent that Wheaton: (i) has notified Supplier in writing that it...