Common use of TERMINATION AND CHANGE Clause in Contracts

TERMINATION AND CHANGE. A. Buyer may terminate this Agreement or any order under this Agreement, in whole or in part, for cause, including in the event that Seller: (i) has not performed or complied in any material respect with any of the terms of this Agreement, (ii) performs Services or delivers Deliverables that are defective or that do not conform to this Agreement or (iii) fails upon request to provide Buyer with reasonable assurances of future performance. Additionally, Buyer may terminate this Agreement in the event of any of the following: (i) insolvency of Seller; (ii) the filing of an involuntary or voluntary petition of bankruptcy against Seller; (iii) the execution by Seller of an assignment for the benefit of creditors; or (iv) the appointment of a receiver over Seller’s assets. Any termination pursuant to this Section 5.A. shall be effective immediately upon written notice to Seller.

TERMINATION AND CHANGE. A. Buyer may terminate this Agreement or any order under this Agreement, in whole or in part, for cause, including in the event that Seller: (i) has not performed or complied in any material respect with any of the terms of this Agreement, (ii) performs Services or delivers Deliverables provides Goods that are defective or that do not conform to this Agreement or (iii) fails upon request to provide Buyer with reasonable assurances of future performance. Additionally, Buyer may terminate this Agreement in the event of any of the following: (iiv) insolvency of Seller; (iiv) the filing of an involuntary or voluntary petition of bankruptcy against Seller; (iiivi) the execution by Seller of an assignment for the benefit of creditors; or (ivvii) the appointment of a receiver over Seller’s assets. Any termination pursuant to this Section 5.A. shall be effective immediately upon written notice to Seller.