Common use of Supplier’s Default Clause in Contracts

Supplier’s Default. 12.3.2.1 If any Supplier under any warranty referred to in Clause 12.3.1 defaults in the performance of any material obligation under such warranty with respect to a Supplier Part, each Buyer has used its best efforts to enforce its rights under such warranty, and the Buyers submit reasonable evidence, within a reasonable time, that such default has occurred, then Clause 12.1 of this Agreement will apply to the extent it would have applied had such Supplier Part been a Warranted Part, to the extent the Seller can reasonably perform said Supplier's obligations, except that the Supplier's warranty period indicated in the applicable Supplier Product Support Agreement will apply.

Supplier’s Default. 12.3.2.1 If any Supplier under any warranty referred to in Clause 12.3.1 defaults in the performance of any material obligation under such warranty with respect to a Supplier Part, each Buyer has used its best efforts to enforce its rights under such warranty, Part and the Buyers submit Buyer submits reasonable evidence, within a reasonable time, that such default has occurred, then Clause 12.1 of this Agreement will shall apply to the extent it would have applied had such Supplier Part been a Warranted Part, to the extent the Seller can reasonably perform said Supplier's ’s obligations, except that the Supplier's ’s warranty period indicated in the applicable Supplier Product Support Agreement will Agreements shall apply.

Supplier’s Default. 12.3.2.1 If any Supplier under any warranty referred to in Clause 12.3.1 defaults in the performance of any material obligation under such warranty with respect to a Supplier Part, each Buyer has used its best efforts to enforce its rights under such warranty, Part and the Buyers submit Buyer submits reasonable evidence, within a reasonable time, that such default has occurred, then Clause 12.1 of this Agreement will apply to the extent it would have applied had such Supplier Part been a Warranted Part, to the extent the Seller can reasonably perform said Supplier's obligations, except that the Supplier's warranty period indicated in the applicable Supplier Product Support Agreement Agreements will apply.