Common use of Termination by Supplier Clause in Contracts

Termination by Supplier. If Supplier is not then in breach of this Agreement giving rise to an event of termination, Supplier shall be entitled to terminate this Agreement should Xxxxx fail to order and take delivery of the required volumes of Product or pay sums due hereunder. Supplier shall give Xxxxx written notice of any such failure and provide a reasonable time to cure which shall not exceed ***. Should Xxxxx fail to cure prior to the end of such *** period, then Supplier may terminate this Agreement immediately. Supplier’s sole and exclusive damages in case of such termination shall be limited to $*** per short ton of Product that remains undelivered under the Minimum Purchase Requirements for the remaining Term of the Agreement after the filling of all outstanding Purchase Orders. The Parties acknowledge and agree that in the event of a breach under this Section 8.3, the damages would be difficult if not impossible to quantify, and accordingly, such payment shall be for liquidated damages and not as any form of penalty.

Termination by Supplier. If Supplier is not then in breach of this Agreement giving rise to an event of termination, Supplier shall be entitled to terminate this Agreement should Xxxxx FTSI fail to order and take delivery of the required volumes of Product or pay sums due hereunder. Supplier shall give Xxxxx FTSI written notice of any such failure and provide a reasonable time to cure which shall not exceed ***. Should Xxxxx FTSI fail to cure prior to the end of such *** *period, then Supplier may terminate this Agreement immediately. Supplier’s sole and exclusive damages in case of such termination shall be limited to $*** per short ton of Product that remains undelivered under the Minimum Purchase Requirements for the remaining Term of the Agreement after the filling of all outstanding Purchase Orders. The Parties acknowledge and agree that in the event of a breach under this Section 8.3, the damages would be difficult if not impossible to quantify, and accordingly, such payment shall be for liquidated damages and not as any form of penalty.

Termination by Supplier. If Supplier is not then in breach of this Agreement giving rise to an event of termination, Supplier shall be entitled to terminate this Agreement should Xxxxx Halliburton fail to order and take delivery of the required volumes of Product or pay sums due hereunder. Supplier shall give Xxxxx pg. 5 Halliburton written notice of any such failure and provide a reasonable time to cure which shall not exceed ***. Should Xxxxx Halliburton fail to cure prior to the end of such *** *period, then Supplier may terminate this Agreement immediately. Supplier’s sole and exclusive damages in case of such termination shall be limited to $*** per short ton of Product that remains undelivered under the Minimum Purchase Requirements for the remaining Term life of the Agreement Contract after the filling of all outstanding Purchase Work Orders. The Parties acknowledge and agree that in the event of a breach under this Section 8.3, the damages would be difficult if not impossible to quantify, and accordingly, such payment shall be for liquidated damages and not as any form of penalty.

Termination by Supplier. If Supplier is not then in breach of this Agreement giving rise to an event of termination, Supplier shall be entitled to terminate this Agreement should Xxxxx Halliburton fail to order and take delivery of the required volumes of Product or pay sums due hereunder. Supplier shall give Xxxxx Halliburton written notice of any such failure and provide a reasonable time to cure which shall not exceed ***. Should Xxxxx Halliburton fail to cure prior to the end of such *** period, then Supplier may terminate this Agreement immediately. Supplier’s sole and exclusive damages in case of such termination shall be limited to $*** per short ton of Product that remains undelivered under the Minimum Purchase Requirements for the remaining Term life of the Agreement Contract after the filling of all outstanding Purchase Work Orders. The Parties acknowledge and agree that in the event of a breach under this Section 8.3, the damages would be difficult if not impossible to quantify, and accordingly, such payment shall be for liquidated damages and not as any form of penalty.