Common use of Termination by Novation Clause in Contracts

Termination by Novation. Novation may terminate this Agreement at any time for any reason whatsoever by delivering not less than ninety (90) days' prior written notice thereof to Supplier, In addition, Novation may terminate this Agreement immediately by delivering written notice thereof to Supplier upon the occurrence of either of the following events: (1) Supplier breaches this Agreement; or (2) Supplier becomes bankrupt or insolvent or makes an unauthorized assignment or goes into liquidation or proceedings are initiated for the purpose of having a receiving order or winding up order made against Supplier or Supplier applies to the courts for protection from its creditors. Novation's right to terminate this Agreement due to Supplier's breach in accordance with this Subsection is in addition to any other rights and remedies Novation, the Clients, the Members or the Authorized Distributors may have resulting from such breach, including, but not limited to, Novation's and the Clients' right to recover all loss of Marketing Fees resulting from such breach through the date of termination and for one hundred eighty (180) days thereafter.

Appears in 2 contracts

Samples: Supplier Agreement (Carrington Laboratories Inc /Tx/), Supplier Agreement (Carrington Laboratories Inc /Tx/)

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Termination by Novation. Novation may terminate this Agreement at any time for any reason whatsoever by delivering not less than ninety (90) days' days prior written notice thereof to Supplier, . In addition, Novation may terminate this Agreement immediately by delivering written notice thereof to Supplier upon the occurrence of either of the following events: (1) Supplier breaches this Agreement; or (2) Supplier becomes bankrupt or insolvent or makes an unauthorized assignment or goes into liquidation or proceedings are initiated for the purpose of having a receiving order or winding up order made against Supplier or Supplier applies to the courts for protection from its creditors. Novation's right to terminate this Agreement due to Suppliersupplier's breach in accordance with this Subsection is in addition to any other rights and remedies Novation, the Clients, Clients or the Members or the Authorized Distributors may have resulting from such breach, including, but not limited to, Novation's and the Clients' right to recover all loss of Marketing Fees resulting from such breach through the date of termination and for one hundred eighty (180) days thereafter.

Appears in 2 contracts

Samples: Supplier Agreement, Supplier Agreement (Kinetic Concepts Inc /Tx/)

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Termination by Novation. Novation may terminate this Agreement at any time for any reason whatsoever by delivering not less than ninety (90) days' [**] prior written notice thereof to Supplier, . In addition, Novation may terminate this Agreement immediately by delivering written notice thereof to Supplier upon the occurrence of either of the following events: (1) Supplier breaches this Agreement; or (2) Supplier becomes bankrupt or insolvent or makes an unauthorized assignment or goes into liquidation or proceedings are initiated for the purpose of having a receiving order or winding up order made against Supplier Supplier, or Supplier applies to the courts for protection from its creditors. Novation's right to terminate this Agreement due to Supplier's breach in accordance with this Subsection is in addition to any other rights and remedies Novation, the Clients, Clients or the Members or the Authorized Distributors may have resulting from such breach, including, but not limited to, Novation's and the Clients' right to recover all loss of Marketing Fees resulting from such breach through the date of termination and for one hundred eighty (180) days [**] thereafter.

Appears in 1 contract

Samples: Supplier Agreement (Aspect Medical Systems Inc)

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