TERMINATION AND DEFAULTS. a) Calmont may terminate this order in whole or in part at any time by written notice (including facsimile and electronic mail systems) to Seller and such termination shall not constitute default. Calmont and Seller shall have all rights and obligations at law and in equity, including Xxxxxxx’s rights to title and possession of goods paid for. Seller shall be reimbursed for actual, reasonable, substantiated and allowable costs, plus a reasonable profit for work performed to date of termination. Calmont may take immediate possession of all work performed upon notice of termination. Xxxxxx agrees that it will not include in any claim submitted hereunder any direct cost of engineering and/or development or any cost for special tooling unless specifically ordered by Calmont. Seller’s obligations under the warranty and confidentiality provisions of this agreement shall survive such termination. b) Calmont may, by written notice (including facsimile and electronic mail systems) of default to Seller, terminate the whole or any part of this order in any one of the following circumstances: (i) if Seller fails to make delivery of the supplies to perform the services within the time specified herein or any extension thereof; or
Appears in 3 contracts
Samples: Purchase Order Agreement, Purchase Order Agreement, Purchase Order Agreement
TERMINATION AND DEFAULTS. (a) Calmont Justice Bearing may terminate this order in whole or in part at any time by written notice (including facsimile and electronic mail systems) to Seller and such termination shall not constitute default. Calmont Justice Bearing and Seller shall have all rights and obligations at law and in equity, including Justice Xxxxxxx’s rights to title and possession of goods paid for. Seller shall be reimbursed for actual, reasonable, substantiated and allowable costs, plus a reasonable profit for work performed to date of termination. Calmont Justice Bearing may take immediate possession of all work performed upon notice of termination. Xxxxxx agrees that it will not include in any claim submitted hereunder any direct cost of engineering and/or development or any cost for special tooling unless specifically ordered by CalmontJustice Bearing. Seller’s obligations under the warranty and confidentiality provisions of this agreement shall survive such termination.
(b) Calmont Justice Bearing may, by written notice (including facsimile and electronic mail systems) of default to Seller, terminate the whole or any part of this order in any one of the following circumstances: (i) if Seller fails to make delivery of the supplies to perform the services within the time specified herein or any extension thereof; or
Appears in 2 contracts
Samples: Purchase Order Terms & Conditions, Purchase Order Terms & Conditions
