Common use of Termination by Xxxxx Clause in Contracts

Termination by Xxxxx. In addition to any other termination right which Buyer has, it may terminate the Agreement: 13.1.1 for convenience, with thirty days advance notice, except that advance notice is not required if Buyer’s customer terminates its order with Buyer for any reason, or if Buyer exits the business and/or closes a plant which is the recipient of the Material. 13.1.2 for breach by Seller, including if a) Seller repudiates or defaults on any material term, including Seller's warranty or b) Seller fails to perform services or deliver Material as specified by Buyer or fails to make progress so as to endanger timely and proper completion of services or delivery of Material. Seller’s default will constitute a breach if, after receipt of notice from Buyer specifying the nature of the default, it does not correct such default to Buyer’s satisfaction within 10 days, or such shorter period of time that is commercially reasonable under the circumstances. Declaring a default or breach under this Paragraph 13 will be in addition to any other remedy available to Buyer and will not relieve Seller of its obligations under the Agreement or imposed by law.

Appears in 2 contracts

Samples: Purchase Agreement, Purchase Agreement

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Termination by Xxxxx. In addition to any other termination right which that Buyer has, it may terminate the Agreement: 13.1.1 13.2.1 for convenience, with thirty 30 days advance notice, except that advance notice is not required if Buyer’s customer terminates its order with Buyer for any reason, or if Buyer exits the business and/or closes a plant which is the recipient of the Material.; 13.1.2 13.2.2 for breach by Seller, including if a) Seller repudiates or defaults on any material term, including Seller's ’s warranty or b) Seller fails to perform services or deliver Material as specified by Buyer or fails to make progress so as to endanger timely and proper completion of services or delivery of Material. Seller’s default will constitute a breach if, after receipt of notice from Buyer specifying the nature of the default, it does not correct such default to Buyer’s satisfaction within 10 days, or such shorter period of time that is commercially reasonable under the circumstances. Declaring a default or breach under this Paragraph 13 will be in addition to any other remedy available to Buyer and will not relieve Seller of its obligations under the Agreement or imposed by law.

Appears in 1 contract

Samples: Terms and Conditions of Purchase

Termination by Xxxxx. In addition to any other termination right which Buyer has, it may terminate the Agreement: 13.1.1 13.2.1 for convenience, with thirty days advance notice, except that advance notice is not required if Buyer’s customer terminates its order with Buyer for any reason, or if Buyer exits the business and/or closes a plant which is the recipient of the Material.; 13.1.2 13.2.2 for breach by Seller, including if a) Seller repudiates or defaults on any material term, including Seller's warranty or b) Seller fails to perform services or deliver Material as specified by Buyer or fails to make progress so as to endanger timely and proper completion of services or delivery of Material. Seller’s default will constitute a breach if, after receipt of notice from Buyer specifying the nature of the default, it does not correct such default to Buyer’s satisfaction within 10 days, or such shorter period of time that is commercially reasonable under the circumstances. Declaring a default or breach under this Paragraph 13 will be in addition to any other remedy available to Buyer and will not relieve Seller of its obligations under the Agreement or imposed by law.

Appears in 1 contract

Samples: Terms and Conditions of Purchase

Termination by Xxxxx. In addition to any other termination right which Buyer has, it may terminate the Agreement: 13.1.1 , T&C, or any Purchase Order: for convenience, with thirty convenience on ten days advance advanced written notice, except that advance notice is not required if Buyer’s customer terminates its order with Buyer for any reason, or if Buyer exits the business and/or closes a plant which is the recipient of the Material. 13.1.2 /Service; or for breach by Seller, including if if: a) Seller repudiates or defaults on any material Material/Service term, including Seller's ’s warranty or b) Seller fails to perform services or deliver Material goods or Material/Service as specified by Buyer or fails to make progress so as to endanger timely and proper completion of services or delivery of goods or Material/Service. Seller’s default will shall constitute a breach if, after receipt of notice from Buyer specifying the nature of the default, it does not correct such default to Buyer’s satisfaction within 10 days, or such shorter period of time that is commercially reasonable under the circumstances. Declaring a default or breach under this Paragraph 13 will section shall be in addition to any other remedy available to Buyer and will shall not relieve Seller of its obligations under the Agreement or imposed by law.

Appears in 1 contract

Samples: Terms and Conditions of Purchase

Termination by Xxxxx. In addition to any other termination right which Buyer has, it may terminate the Agreement: 13.1.1 13.2.1 for convenience, with thirty days advance notice, except that advance notice is not required if Buyer’s 's customer terminates its order with Buyer for any reason, or if Buyer exits the business and/or closes a plant which is the recipient of the Material.; 13.1.2 13.2.2 for breach by Seller, including if a) Seller repudiates or defaults on any material term, including Seller's warranty or b) Seller fails to perform services or deliver Material as specified by Buyer or fails to make progress so as to endanger timely and proper completion of services or delivery of Material. Seller’s 's default will constitute a breach if, after receipt of notice from Buyer specifying the nature of the default, it does not correct such default to Buyer’s 's satisfaction within 10 days, or such shorter period of time that is commercially reasonable under the circumstances. Declaring a default or breach under this Paragraph 13 will be in addition to any other remedy available to Buyer and will not relieve Seller of its obligations under the Agreement or imposed by law.

Appears in 1 contract

Samples: Terms and Conditions of Purchase

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Termination by Xxxxx. In addition to any other termination right which Buyer has, it may terminate the AgreementT&C, or any Purchase Order issued under it: 13.1.1 13.2.1 for convenience, with thirty days advance notice, except that advance notice is not required if Buyer’s customer terminates its order with Buyer for any reason, or if Buyer exits the business and/or closes a plant which is the recipient of the Material.; 13.1.2 13.2.2 for breach by Seller, including if a) Seller repudiates or defaults on any material term, including Seller's warranty or b) Seller fails to perform services or deliver Material goods as specified by Buyer or fails to make progress so as to endanger timely and proper completion of services or delivery of Materialgoods. Seller’s default will shall constitute a breach if, after receipt of notice from Buyer specifying the nature of the default, it does not correct such default to Buyer’s satisfaction within 10 days, or such shorter period of time that is commercially reasonable under the circumstances. Declaring a default or breach under this Paragraph 13 will shall be in addition to any other remedy available to Buyer and will shall not relieve Seller of its obligations under the Agreement or imposed by law.

Appears in 1 contract

Samples: Terms and Conditions of Purchase

Termination by Xxxxx. In addition to any other termination right which Buyer has, it may terminate the AgreementT&C, or any Purchase Order issued under it: 13.1.1 13.2.1 for convenience, with thirty days advance notice, except that advance notice is not required if Buyer’s customer terminates its order with Buyer for any reason, or if Buyer exits the business and/or closes a plant which is the recipient of the Material. 13.1.2 13.2.2 for breach by Seller, including if a) Seller repudiates or defaults on any material term, including Seller's warranty or b) Seller fails to perform services or of deliver Material goods as specified by Buyer or fails to make progress so as to endanger timely and proper completion of services or delivery of Materialgoods. Seller’s default will shall constitute a breach if, after receipt of notice from Buyer specifying the nature of the default, it does not correct such default to Buyer’s satisfaction within 10 days, or such shorter period of time that is commercially reasonable under the circumstances. Declaring a default or breach under this Paragraph 13 will shall be in addition to any other remedy available to Buyer and will shall not relieve Seller of its obligations under the Agreement or imposed by law.

Appears in 1 contract

Samples: Terms and Conditions of Purchase

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