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, the Buyer has used its best efforts to enforce its rights under such warranty, and the 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 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, the each Buyer has used its best efforts to enforce its rights under such warranty, and the Buyer submits 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 's obligations, except that the Supplier’s 's warranty period indicated in the applicable Supplier Product Support Agreement will apply.

Supplier’s Default. 12.3.2.1 If In the event that any Supplier Supplier, under any standard warranty referred to obtained by the Seller in Clause 12.3.1 a Supplier Product Support Agreement, defaults in the performance of any material obligation under such warranty with respect thereto and subject to a Supplier Part, (i) the Buyer has used using its best commercially reasonable efforts to enforce its rights under such warranty, Supplier Product Support Agreement and (ii) the Buyer submits submitting in reasonable evidence, within a time to the Seller reasonable time, evidence that such default has occurred, then Clause 12.1 of this Agreement will apply to the extent it the same would have applied been applicable 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 as 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, the Buyer has used its best efforts to enforce its rights under such warranty, Part and the 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 perform, or arranged to perform, to said Supplier’s obligations, except that the Supplier’s warranty period indicated in the applicable Supplier Product Support Agreement Agreements will apply.

Supplier’s Default. 12.3.2.1 If In the event that any Supplier under any warranty referred obtained by the Seller pursuant to in Clause 12.3.1 hereof defaults in the performance of any material obligation under such warranty with respect to a Supplier Part, the Buyer has used its best efforts to enforce its rights under such warranty, and the Buyer submits reasonable evidence, within a reasonable time, time to the Seller reasonable proof 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 PartPart except that, to for obligations covered under Clause 12.1, the extent the Seller can reasonably perform said Supplier’s obligations, except that shorter of (i) the Supplier’s 's warranty period indicated in the applicable Supplier Product Support Agreements manual and (ii) the Seller's warranty period indicated in Clause 12.1.3 of this Agreement will apply.