Common use of Termination of Individual Purchase Orders Clause in Contracts

Termination of Individual Purchase Orders. MMCAP Infuse Members may terminate individual Purchase Orders, in whole or in part, immediately upon notice to WHOLESALER, or at such later date as the MMCAP Infuse Member may establish in such notice, upon the occurrence of any of the following events:β€Œ (i) The MMCAP Infuse Member fails to receive funding, or appropriations, limitations or other expenditure authority at levels sufficient to pay for the goods to be purchased under the Purchase Order; (ii) Federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the purchase of goods under the Purchase Order is prohibited or the MMCAP Infuse Member is prohibited from paying for such goods from the planned funding source; or (iii) If WHOLESALER or MMCAP Infuse Member commits any material breach of this Contract or a Purchase Order, MMCAP Infuse may terminate the individual Purchase Order Upon receipt of written notice of termination, the party(ies) will stop performance under the Purchase Order as directed by the MMCAP Infuse. WHOLESALER or MMCAP Infuse Member may effect an early termination of an individual MMCAP Infuse Member Purchase Order upon the occurrence of a material breach by the other party. The non-breaching party must give written notice to the breaching party of the nature and occurrence of such breach. If the breach is not cured by the expiration of thirty (30) calendar days from the date of such notice, or if the breaching party has not made reasonable efforts to effect the cure if the breach cannot reasonably be cured within such thirty

Appears in 4 contracts

Samples: Pharmaceutical Prime Wholesaler Services Contract, Pharmaceutical Prime Wholesaler Services Contract, Pharmaceutical Prime Wholesaler Services Contract

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Termination of Individual Purchase Orders. MMCAP Infuse Members may terminate individual Purchase Orders, in whole or in part, immediately upon notice to WHOLESALER, or at such later date as the MMCAP Infuse Member may establish in such notice, upon the occurrence of any of the following events:β€Œevents: (i) The MMCAP Infuse Member fails to receive funding, or appropriations, limitations or other expenditure authority at levels sufficient to pay for the goods to be purchased under the Purchase Order; (ii) Federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the purchase of goods under the Purchase Order is prohibited or the MMCAP Infuse Member is prohibited from paying for such goods from the planned funding source; or (iii) If WHOLESALER or MMCAP Infuse Member commits any material breach of this Contract or a Purchase Order, MMCAP Infuse may terminate the individual Purchase Order Upon receipt of written notice of termination, the party(ies) will stop performance under the Purchase Order as directed by the MMCAP Infuse. WHOLESALER or MMCAP Infuse Member may effect an early termination of an individual MMCAP Infuse Member Purchase Order upon the occurrence of a material breach by the other party. The non-breaching party must give written notice to the breaching party of the nature and occurrence of such breach. If the breach is not cured by the expiration of thirty (30) calendar days from the date of such notice, or if the breaching party has not made reasonable efforts to effect the cure if the breach cannot reasonably be cured within such thirty

Appears in 1 contract

Samples: Pharmaceutical Prime Wholesaler Services Contract

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