Common use of Supplier’s Remedies Clause in Contracts

Supplier’s Remedies. In the event that Purchaser is in default pursuant to Section 14.3, and said default is not timely cured within the time periods set forth above, Supplier, in lieu of any rights and remedies that may be available to Supplier at law or in equity, shall have the right to terminate this Agreement by written notice to Purchaser, which termination shall be effective upon delivery of Supplier’s notice to Purchaser. Within three (3) Business Days of the effective date of such termination, Purchaser shall pay to Supplier the liquidated damages set forth on the termination schedule attached hereto as Exhibit G (“Termination Schedule”), which shall constitute Supplier’s exclusive remedy, and Supplier shall have no right to damages or compensation for such termination other than payment of the liquidated damages set forth on the Termination Schedule.

Appears in 3 contracts

Samples: Turbine Supply Agreement (First Wind Holdings Inc.), Turbine Supply Agreement (First Wind Holdings Inc.), Turbine Supply Agreement (First Wind Holdings Inc.)

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Supplier’s Remedies. In the event that Purchaser is in default pursuant to Section 14.3, and said default is not timely cured within the time periods set forth above, Supplier, Supplier in lieu of any rights and remedies that may be available to Supplier at law or in equity, shall have the right to terminate this Agreement by written notice to Purchaser, which termination shall be effective upon delivery of Supplier’s notice to Purchaser. Within three (3) Business Days of the effective date of such termination, Purchaser shall pay to Supplier the liquidated damages set forth on the termination schedule attached hereto as Exhibit G (“Termination Schedule”), which shall constitute Supplier’s exclusive remedy, and Supplier shall have no right to damages or compensation for such termination other than payment of the liquidated damages set forth on the Termination Schedule.

Appears in 2 contracts

Samples: Turbine Supply Agreement (First Wind Holdings Inc.), Turbine Supply Agreement (First Wind Holdings Inc.)

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