Supplier Remedies Sample Clauses

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.
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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.
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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.
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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.
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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 prior to 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 14.2, clause 15 or clause 16 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.
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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.
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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.
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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...
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Related to Supplier Remedies

  • CUSTOMER REMEDIES 5.1. If the Supplier (a) fails to deliver the Goods and/or the Goods do not comply with any of the undertakings or warranties set out in clause 2 and/or (b) fails to deliver and/or perform the Services in accordance with any of the warranties or undertakings contained in clause 4 and/or by the applicable date(s), the Customer shall, without limiting or affecting other rights or remedies available to it, have one or more of the following rights to: 5.1.1. terminate the Agreement with immediate effect by giving written notice to the Supplier; 5.1.2. reject the Goods (in whole or in part) whether or not title has passed and to return them to the Supplier at the Supplier’s own risk and expense; 5.1.3. require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected Goods; 5.1.4. require Supplier to re-perform, rectify or replace the affected Services and/or Deliverables; 5.1.5. refuse to accept any subsequent performance of the Services and/or delivery of the Goods which the Supplier attempts to make; 5.1.6. recover from the Supplier any costs incurred by the Customer in obtaining substitute goods and/or services from a third party; 5.1.7. require a refund from the Supplier of sums paid in advance for Services that the Supplier has not provided and/or Goods that it has not delivered; and 5.1.8. claim damages for any additional costs, loss or expenses incurred by the Customer which are in any way attributable to the Supplier’s breach. 5.2. Notwithstanding any other rights or remedies available to Customer if the Goods are not delivered by the applicable date, the Customer may, at its option, claim or deduct 3% of the price of the Goods for each week’s delay in delivery, up to a maximum of 15% of the total price of the Goods. In the event such delay continues for six (6) weeks or more, Customer may terminate the Agreement with immediate effect upon given Supplier written notice. 5.3. These Terms shall extend to any substituted or remedial services and/or repaired or replacement goods supplied by the Supplier. 5.4. The Customer’s rights under the Agreement are in addition to its rights and remedies implied by statute and common law.

  • Specific Remedies (a) During any period other than a Cash Dominion Trigger Period and subject to the terms of the Credit Agreement, the Administrative Agent hereby authorizes each Grantor to collect such Grantor’s Accounts in the Ordinary Course of Business. (b) During a Cash Dominion Trigger Period: (i) upon the request of the Administrative Agent, each Grantor shall notify (such notice to be in form and substance satisfactory to the Administrative Agent) its Account Debtors and parties to the Material Contracts subject to a Security Interest that such Accounts and the Material Contracts have been assigned to the Administrative Agent, for the ratable benefit of the Secured Parties; (ii) upon the request of the Administrative Agent, each Grantor shall forward to the Administrative Agent, on the last Business Day of each week, deposit slips related to all cash, money, checks or any other similar items of payment received by the Grantor during such week, and copies of such checks or any other similar items of payment, together with a statement showing the application of all payments on the Collateral during such week and a collection report with regard thereto, in form and substance satisfactory to the Administrative Agent; (iii) the Administrative Agent may deliver such notices and instructions in accordance with control agreements covering Deposit Accounts (other than Excluded Accounts) and/or Securities Accounts. In addition, whenever any Grantor shall receive any cash, money, checks or any other similar items of payment relating to any Collateral (including any Proceeds of any Collateral), subject to the terms of any Permitted Liens, such Grantor agrees that it will, within one (1) Business Day of such receipt, deposit all such items of payment into the Dominion Account, and until such Grantor shall deposit such cash, money, checks or any other similar items of payment in the Dominion Account, such Grantor shall hold such cash, money, checks or any other similar items of payment in trust for the Secured Parties and as property of the Secured Parties, separate from the other funds of such Grantor, and the Administrative Agent shall have the right to transfer or direct the transfer of the balance of each Deposit Account (other than an Excluded Deposit Account) to the Dominion Account. All such Collateral and Proceeds of Collateral received by the Administrative Agent hereunder shall be held by the Administrative Agent in the Dominion Account as collateral security for all the Secured Obligations and shall not constitute payment thereof until applied as provided in Section 5.4; (c) After the occurrence and during the continuance of an Event of Default: (i) the Administrative Agent shall have the right to receive any and all cash dividends, payments or distributions made in respect of any Investment Property, any Partnership/LLC Interests or any other Proceeds paid in respect of any Investment Property or any Partnership/LLC Interests, and any or all of any Investment Property that is included as Collateral or any Partnership/LLC Interests that are Pledged Capital Stock may, at the option of the Administrative Agent and the Secured Parties, be registered in the name of the Administrative Agent or its nominee, and the Administrative Agent or its nominee may thereafter exercise (A) all voting, corporate and other rights pertaining to such Investment Property, or such Partnership/LLC Interests at any meeting of shareholders, partners or members of the relevant Issuers or otherwise and (B) any and all rights of conversion, exchange and subscription and any other rights, privileges or options pertaining to such Investment Property or such Partnership/LLC Interests as if it were the absolute owner thereof (including, without limitation, the right to exchange at its discretion any and all Investment Property or any and all Partnership/LLC Interests issued upon the merger, consolidation, reorganization, recapitalization or other fundamental change in the corporate, partnership or limited liability company structure of any Issuer that is a Grantor (other than Imation) or a Pledged Foreign Subsidiary or upon the exercise by any Grantor or the Administrative Agent of any right, privilege or option pertaining to such Investment Property or such Partnership/LLC Interests, and in connection therewith, the right to deposit and deliver any and all of such Investment Property or any and all of such Partnership/LLC Interests with any committee, depositary, transfer agent, registrar or other designated agency upon such terms and conditions as the Administrative Agent may determine), all without liability except to account for property actually received by it; but the Administrative Agent shall have no duty to any Grantor to exercise any such right, privilege or option and the Administrative Agent and the other Secured Parties shall not be responsible for any failure to do so or delay in so doing. In furtherance thereof, each Grantor hereby authorizes and instructs each Issuer (i) that is a Grantor (other than Imation) or a Pledged Foreign Subsidiary with respect to any Collateral consisting of Investment Property and Partnership/LLC Interests of such Issuer to comply with any instruction received by it from the Administrative Agent in writing that (A) states that an Event of Default has occurred and is continuing and (B) is otherwise in accordance with the terms of this Agreement, without any other or further instructions from such Grantor, and each Grantor agrees that each Issuer shall be fully protected in so complying following receipt of such notice and prior to notice that such Event of Default is no longer continuing, and (ii) except as otherwise expressly permitted hereby and solely during a Cash Dominion Trigger Period, to pay any cash dividends, distributions or other payments with respect to any Investment Property, or Partnership/LLC Interests issued by such Issuer directly to the Dominion Account or such other Controlled Depositary as the Administrative Agent may direct; and (ii) the Administrative Agent shall be entitled to (but shall not be required to): (A) proceed to perform any and all obligations of the applicable Grantor under any Material Contract and exercise all rights of such Grantor thereunder as fully as such Grantor itself could, (B) do all other acts which the Administrative Agent may deem necessary or proper to protect its Security Interest granted hereunder, provided such acts are not inconsistent with or in violation of the terms of any of the Credit Agreement, of the other Loan Documents or applicable Law, and (C) sell, assign or otherwise transfer any Material Contract in accordance with the Credit Agreement, the other Loan Documents and applicable Law, subject, however, to the prior approval of each other party to such Material Contract, to the extent required under the Material Contract. (iii) The Administrative Agent is hereby granted an irrevocable, non-exclusive license or other right to use, license or sub-license (without payment of royalty or other compensation to any Person) of any or all Intellectual Property of each Grantor, computer hardware and software, trade secrets, brochures, customer lists, promotional and advertising materials, labels, packaging materials and other Property, in advertising for sale, marketing, selling, collecting, completing manufacture of, or otherwise exercising any rights or remedies with respect to, any Collateral; provided that the Administrative Agent shall not be entitled to exercise its rights under any such license, sub-license or right to use until such time as the Administrative Agent shall have received consent or direction from the Required Lenders pursuant to Section 8.02(d) of the Credit Agreement. (d) Unless an Event of Default shall have occurred and be continuing and the Administrative Agent shall have given notice to the relevant Grantor of the Administrative Agent’s intent to exercise its corresponding rights pursuant to Section 5.2(b), each Grantor shall be permitted to receive all cash dividends, payments or other distributions made in respect of any Investment Property and any Partnership/LLC Interests, in each case paid in the Ordinary Course of Business to the extent permitted in the Credit Agreement, and to exercise all voting and other corporate, company and partnership rights with respect to any Investment Property and Partnership/LLC Interests; provided that, no vote shall be cast or other corporate, company and partnership right exercised or other action taken which, in the Administrative Agent’s reasonable judgment, would impair the Collateral in any material respect or which would result in a Default or Event of Default under any provision of the Credit Agreement, this Agreement or any other Loan Document.

  • City’s Remedies In addition to any other remedies the City may have upon Developer and/or Developer’s contractor for the failure to provide and maintain insurance or policy endorsements to the extent and within the time required, the City shall have the right, to order Developer to stop work, and/or withhold any payment(s), which become due until Developer and/or Developer’s contractor demonstrates compliance with the requirements.

  • Waiver; Remedies No failure on the part of Purchaser to exercise, and no delay in exercising, any right under this Guaranty shall operate as a waiver, nor shall any single or partial exercise of any right under this Guaranty preclude any other or further exercise of any other right. The remedies provided in this Guaranty are cumulative and not exclusive of any remedies provided by law or equity. In the event that Merchant fails to perform any obligation under the Agreement, Purchaser may enforce its rights under this Guaranty without first seeking to obtain performance for such default from Merchant or any other guarantor.

  • UCC Remedies (a) Upon the occurrence of and during the continuance of an Event of Default under this Agreement or the other Financing Documents, Agent, in addition to all other rights, options, and remedies granted to Agent under this Agreement or at law or in equity, may exercise, either directly or through one or more assignees or designees, all rights and remedies granted to it under all Financing Documents and under the UCC in effect in the applicable jurisdiction(s) and under any other applicable law; including, without limitation: (i) the right to take possession of, send notices regarding, and collect directly the Collateral, with or without judicial process; (ii) the right to (by its own means or with judicial assistance) enter any of Borrowers’ premises and take possession of the Collateral, or render it unusable, or to render it usable or saleable, or dispose of the Collateral on such premises in compliance with subsection (iii) below and to take possession of Borrowers’ original books and records, to obtain access to Borrowers’ data processing equipment, computer hardware and software relating to the Collateral and to use all of the foregoing and the information contained therein in any manner Agent deems appropriate, without any liability for rent, storage, utilities, or other sums, and Borrowers shall not resist or interfere with such action (if Borrowers’ books and records are prepared or maintained by an accounting service, contractor or other third party agent, Borrowers hereby irrevocably authorize such service, contractor or other agent, upon notice by Agent to such Person that an Event of Default has occurred and is continuing, to deliver to Agent or its designees such books and records, and to follow Agent’s instructions with respect to further services to be rendered); (iii) the right to require Borrowers at Borrowers’ expense to assemble all or any part of the Collateral and make it available to Agent at any place designated by Lender; (iv) the right to notify postal authorities to change the address for delivery of Borrowers’ mail to an address designated by Agent and to receive, open and dispose of all mail addressed to any Borrower; and/or (v) the right to enforce Borrowers’ rights against Account Debtors and other obligors, including, without limitation, (i) the right to collect Accounts directly in Agent’s own name (as agent for Lenders) and to charge the collection costs and expenses, including attorneys’ fees, to Borrowers, and (ii) the right, in the name of Agent or any designee of Agent or Borrowers, to verify the validity, amount or any other matter relating to any Accounts by mail, telephone, telegraph or otherwise, including, without limitation, verification of Borrowers’ compliance with applicable Laws. Borrowers shall cooperate fully with Agent in an effort to facilitate and promptly conclude such verification process. Such verification may include contacts between Agent and applicable federal, state and local regulatory authorities having jurisdiction over the Borrowers’ affairs, all of which contacts Borrowers hereby irrevocably authorize. (b) Each Borrower agrees that a notice received by it at least ten (10) days before the time of any intended public sale, or the time after which any private sale or other disposition of the Collateral is to be made, shall be deemed to be reasonable notice of such sale or other disposition. If permitted by applicable law, any perishable Collateral which threatens to speedily decline in value or which is sold on a recognized market may be sold immediately by Agent without prior notice to Borrowers. At any sale or disposition of Collateral, Agent may (to the extent permitted by applicable law) purchase all or any part of the Collateral, free from any right of redemption by Borrowers, which right is hereby waived and released. Each Borrower covenants and agrees not to interfere with or impose any obstacle to Agent’s exercise of its rights and remedies with respect to the Collateral. Agent shall have no obligation to clean-up or otherwise prepare the Collateral for sale. Agent may comply with any applicable state or federal law requirements in connection with a disposition of the Collateral and compliance will not be considered to adversely affect the commercial reasonableness of any sale of the Collateral. Agent may sell the Collateral without giving any warranties as to the Collateral. Agent may specifically disclaim any warranties of title or the like. This procedure will not be considered to adversely affect the commercial reasonableness of any sale of the Collateral. If Agent sells any of the Collateral upon credit, Borrowers will be credited only with payments actually made by the purchaser, received by Agent and applied to the indebtedness of the purchaser. In the event the purchaser fails to pay for the Collateral, Agent may resell the Collateral and Borrowers shall be credited with the proceeds of the sale. Borrowers shall remain liable for any deficiency if the proceeds of any sale or disposition of the Collateral are insufficient to pay all Obligations. (c) Without restricting the generality of the foregoing and for the purposes aforesaid, each Borrower hereby appoints and constitutes Agent its lawful attorney-in-fact with full power of substitution in the Collateral, upon the occurrence and during the continuance of an Event of Default, to (i) use unadvanced funds remaining under this Agreement or which may be reserved, escrowed or set aside for any purposes hereunder at any time, or to advance funds in excess of the face amount of the Notes, (ii) pay, settle or compromise all existing bills and claims, which may be Liens or security interests, or to avoid such bills and claims becoming Liens against the Collateral, (iii) execute all applications and certificates in the name of such Borrower and to prosecute and defend all actions or proceedings in connection with the Collateral, and (iv) do any and every act which such Borrower might do in its own behalf; it being understood and agreed that this power of attorney in this subsection (c) shall be a power coupled with an interest and cannot be revoked. (d) Agent and each Lender is hereby granted a non-exclusive, royalty-free license or other right to use, without charge, Borrowers’ labels, mask works, rights of use of any name, any other Intellectual Property and advertising matter, and any similar property as it pertains to the Collateral, in completing production of, advertising for sale, and selling any Collateral and, in connection with Agent’s exercise of its rights under this Article, Borrowers’ rights under all licenses (whether as licensor or licensee) and all franchise agreements inure to Agent’s and each Lender’s benefit.

  • Specific Remedy In addition to such other rights and remedies as the Company may have at equity or in law with respect to any breach of this Agreement, if you commit a material breach of any of the provisions of Sections 9.1, 9.2, or 10, the Company shall have the right and remedy to have such provisions specifically enforced by any court having equity jurisdiction, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to the Company.

  • Contractor’s Remedies If the State is in breach of any provision of this Contract and does not cure such breach, Contractor, following the notice and cure period in §14.B and the dispute resolution process in §16 shall have all remedies available at law and equity. If a Purchasing Entity is in breach of a provision of an Order, Contractor shall have all remedies available to it under that Order and available at law and equity.

  • Breach; Remedies Failure of either party to perform any obligation of this Contract shall be deemed a breach. Except as otherwise provided for by law or this Contract, the rights and remedies of the parties shall not be exclusive and are in addition to any other rights and remedies provided by law or equity, including but not limited to actual damages, and to a prevailing party reasonable attorneys' fees and costs. It is specifically agreed that reasonable attorneys' fees shall not exceed $150.00 per hour.

  • Warranty Remedies Contractor acknowledges that all warranties granted to the Department by the Uniform Commercial Code of the State of Utah apply to the Contract. Product liability disclaimers and/or warranty disclaimers from Contractor are not applicable to the Contract. For any goods or service that the Department determines does not conform with this warranty, the Department may arrange to have the item repaired or replaced, or the service performed either by Contractor or by a third party at the Department's option, at Contractor's expense. If any item or services does not conform to this warranty, Contractor shall refund the full amount of any payments made. Nothing in this warranty will be construed to limit any rights or remedies the Department may otherwise have under the contract.

  • Company’s Remedies Upon 30 days’ written notice to Authority, Company may terminate this Agreement and all of its obligations hereunder, if Company is not in default of any term, provision, or covenant of this Agreement or in the payment of any Rents, fees or other charges to Authority, and only upon or after the occurrence of any of the following events: the inability of Company to use Airport for a period of longer than 90 consecutive days due to war, terrorism, or the issuance of any order, rule or regulation by a competent governmental authority or court having jurisdiction over Authority, preventing Company from operating its business for a period of 90 consecutive days, provided, however, that such inability or such order, rule or regulation is not due to any fault or negligence of Company.

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