Common use of Termination of Individual Purchase Orders Clause in Contracts

Termination of Individual Purchase Orders. ‌ MMCAP Participating Facilities may terminate individual Purchase Orders, in whole or in part, immediately upon notice to Wholesaler, or at such later date as the MMCAP Participating Facility may establish in such notice, upon the occurrence of any of the following events: a. The MMCAP Participating Facility 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; b. 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 Participating Facility is prohibited from paying for such goods from the planned funding source; or c. Wholesaler commits any material breach of this Contract or a Purchase Order. Upon receipt of written notice of termination, Wholesaler will stop performance under the Purchase Order as directed by the MMCAP Participating Facility. Termination of a standing Purchase Order does not extinguish or prejudice the MMCAP Participating Facility’s right to enforce such Purchase Order with respect to Wholesaler's breach of any warranty or any defect in or default of Wholesaler's performance under such Purchase Order that has not been cured, including any right of the MMCAP Participating Facility to indemnification by Wholesaler or enforcement of a warranty. If a standing Purchase Order is terminated, the MMCAP Participating Facility must pay Wholesaler in accordance with the terms of this Contract for goods delivered and accepted by the MMCAP Participating Facility.

Appears in 1 contract

Samples: Pharmaceutical Wholesaler Services Contract

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Termination of Individual Purchase Orders. ‌ MMCAP Participating Facilities may terminate individual Purchase Orders, in whole or in part, immediately upon notice to Wholesaler, or at such later date as the MMCAP Participating Facility may establish in such notice, upon the occurrence of any of the following events: a. The MMCAP Participating Facility 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; b. 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 Participating Facility is prohibited from paying for such goods from the planned funding source; or c. Wholesaler commits any material breach of this Contract or a Purchase Order. Upon receipt of written notice of termination, Wholesaler will stop performance under the Purchase Order as directed by the MMCAP Participating Facility. Termination of a standing Purchase Order does not extinguish or prejudice the MMCAP Participating Facility’s right to enforce such Purchase Order with respect to Wholesaler's breach of any warranty or any defect in or default of Wholesaler's performance under such Purchase Order that has not been cured, including any right of the MMCAP Participating Facility to indemnification by Wholesaler or enforcement of a warranty. If a standing Purchase Order is terminated, the MMCAP Participating Facility must pay Wholesaler in accordance with the terms of this Contract for goods delivered and accepted by the MMCAP Participating Facility.

Appears in 1 contract

Samples: Pharmaceutical Wholesaler Services Contract

Termination of Individual Purchase Orders. MMCAP Participating Facilities Members may terminate individual Purchase Orders, in whole or in part, immediately upon notice to WholesalerVendor, or at such later date as the MMCAP Participating Facility Member may establish in such notice, upon the occurrence of any of the following events: a. (i) The MMCAP Participating Facility 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; b. (ii) Federal or State 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 Participating Facility Member is prohibited from paying for such goods from the planned funding source; or c. Wholesaler (iii) Vendor commits any material breach of this Contract or a Purchase Order. Upon receipt of written notice of termination, Wholesaler Vendor will stop performance under the Purchase Order as directed by the MMCAP Participating FacilityMember. Termination of a standing Purchase Order does not extinguish or prejudice the MMCAP Participating FacilityMember’s right to enforce such Purchase Order with respect to WholesalerVendor's breach of any warranty or any defect in or default of WholesalerVendor's performance under such Purchase Order that has not been cured, including any right of the MMCAP Participating Facility Member to indemnification by Wholesaler Vendor or enforcement of a warranty. If a standing Purchase Order is terminated, the MMCAP Participating Facility Member must pay Wholesaler Vendor in accordance with the terms of this Contract for goods delivered and accepted by the MMCAP Participating FacilityMember.

Appears in 1 contract

Samples: Contract

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Termination of Individual Purchase Orders. MMCAP Participating Facilities may terminate individual Purchase Orders, in whole or in part, immediately upon notice to Wholesaler, or at such later date as the MMCAP Participating Facility may establish in such notice, upon the occurrence of any of the following events: a. The MMCAP Participating Facility 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; b. 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 Participating Facility is prohibited from paying for such goods from the planned funding source; or c. Wholesaler commits any material breach of this Contract or a Purchase Order. Upon receipt of written notice of termination, Wholesaler will stop performance under the Purchase Order as directed by the MMCAP Participating Facility. Termination of a standing Purchase Order does not extinguish or prejudice the MMCAP Participating Facility’s right to enforce such Purchase Order with respect to Wholesaler's breach of any warranty or any defect in or default of Wholesaler's performance under such Purchase Order that has not been cured, including any right of the MMCAP Participating Facility to indemnification by Wholesaler or enforcement of a warranty. If a standing Purchase Order is terminated, the MMCAP Participating Facility must pay Wholesaler in accordance with the terms of this Contract for goods delivered and accepted by the MMCAP Participating Facility.

Appears in 1 contract

Samples: Pharmaceutical Wholesaler Services Contract

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