Common use of TERMINATION OF PERFORMANCE Clause in Contracts

TERMINATION OF PERFORMANCE. Buyer may cancel its order only with the written consent of Seller and upon terms that will indemnify Seller from any loss, damage and expense arising from such cancellation. Seller may terminate this Contract pursuant to Sections 2 and/or 11 hereof, and in such event, Seller shall have no further liability to produce or ship any products hereunder and shall have no liability for damages to Buyer or any third party.

Appears in 2 contracts

Samples: Terms and Conditions, Terms and Conditions

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TERMINATION OF PERFORMANCE. Buyer may cancel its order only with the written consent of Seller and upon terms that will indemnify Seller from any loss, damage and expense arising from such cancellation. Seller may terminate this Contract pursuant to Sections 2 and/or 11 hereof13 hereof and/or due to any material breach of Buyer’s warranties, obligations, and covenants hereunder, and in such event, Seller shall have no further liability to produce or ship any products hereunder and shall have no liability for damages to Buyer or any third party.

Appears in 1 contract

Samples: superior-ind.com

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TERMINATION OF PERFORMANCE. Buyer may cancel its order only with the written consent of Seller and upon terms that will indemnify Seller from any loss, damage and expense arising from such cancellation. Seller may terminate this Contract pursuant to Sections Section 2 hereof and/or 11 hereofdue to any material breach of Buyer’s warranties, obligations, and covenants hereunder, and in such event, Seller shall have no further liability to produce or ship any products hereunder and shall have no liability for damages to Buyer or any third party.

Appears in 1 contract

Samples: superior-ind.com

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