TERMINATION OF PURCHASE ORDERS. Members may terminate a purchase order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events:
1. The Member fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased;
2. Federal or state laws or regulations prohibit the purchase or change the Member’s requirements; or
3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Member.
TERMINATION OF PURCHASE ORDERS. Either party may terminate a Purchase Order under this Agreement under the same circumstances as would give rise to a right to terminate this Agreement.
TERMINATION OF PURCHASE ORDERS. Buyer may terminate this Agreement at any time with or without cause by written notice to Seller. Upon receipt thereof, Seller shall, to the extent directed by Xxxxx, terminate the delivery of Products and any outstanding subcontracts provided for under this Agreement and take action regarding property in Seller’s possession in which Buyer has or may acquire an interest. Buyer shall have the right to take delivery of any portion of the Products in process for which Buyer shall make written request and pay Seller for any Products so requested and delivered in accordance with the terms of this Agreement. Other than payment for Products accepted, the only liability of Buyer for termination of this Agreement, in whole or in part, is reimbursement to Seller for all reasonable and verifiable costs incurred by Seller as a result of Buyer’s termination less the greater of either any amounts received by Seller on resale of the affected Products in process or the reasonable value of such Products in process. Such payment by Buyer shall in no event exceed the original price specified in the Purchase Order and shall be in full satisfaction of all claims that Seller may have against the Buyer under this Agreement in connection with Buyer’s termination of this Agreement. Seller waives all consequential damages as a result of Xxxxx’s termination of this Agreement.
TERMINATION OF PURCHASE ORDERS. Members may terminate a purchase order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events:
1. The Member fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased;
2. Federal or state laws or regulations prohibit the purchase or change the Member’s requirements; or
3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Member. Vendor reserves the right to terminate a purchase order pursuant to which a Member requests or demands services to be performed not enumerated by the terms of this Contract.
TERMINATION OF PURCHASE ORDERS. DCC shall have the right to terminate any purchase order issued to HTI for HTI Telematics Communicators or other Dedicated Components in the event that DCC terminates this Agreement (x) in accordance with Section 26(a) due to HTI’s material breach of this Agreement, with the cause of any such termination pursuant to Section 26(a) deemed to be a default under the purchase order(s) giving rise to termination for default in accordance with ***, or (y) in accordance with Section 26(b) following the occurrence of a Change in Control Event.
TERMINATION OF PURCHASE ORDERS. In the event that Lucent:
(a) Fails to correct the failure of a Deliverable to comply with a representation, warranty or covenant as set forth in this Agreement;
(b) Fails to achieve Acceptance with respect to a Lucent Product as set forth in Section 7.2; or
(c) Fails to make delivery in a timely fashion as set forth in Section 4.3(d) or 1.1(b); Then WinStar may, by giving written notice to Lucent, terminate the corresponding Purchase Order, in whole or in part, for cause as of a date specified in the notice of termination. In such event, WinStar may return any associated Deliverables (if delivered) to Lucent, in which case Lucent shall promptly refund (in the form of a credit for future purchases) to WinStar all charges paid by WinStar to Lucent for such Deliverables, and WinStar shall have no further payment obligations to Lucent with respect to such Deliverables.
TERMINATION OF PURCHASE ORDERS. Either party will have the right to terminate a purchase order in the event the other party fails to cure a material breach with respect to the purchase order within thirty days after notice. Medtronic will have the right to terminate any purchase order for safety or regulatory reasons.
TERMINATION OF PURCHASE ORDERS. 30.1 A Purchase Order may be terminated by TELKOM in whole or in part and from time to time, by TELKOM acting reasonably under the circumstances. TELKOM shall deliver to PARTNER a written notice, the "Notice of P.O. Termination", signed by authorized signatories of TELKOM, specifying the reasons for its action, the extent to which performance of work under the Purchase Order is terminated and the date (which shall be not less than five (5) Business Days from the date of Notice of P.O. Termination) upon which such termination becomes effective.
30.2 On receipt of such a Notice of P.O. Termination, unless otherwise directed by TELKOM in the notice, PARTNER shall:
30.2.1 stop work under the Purchase Order on the date and to the extent specified in the Notice of P.O. Termination (except to the extent reasonably required by considerations of security or safety);
30.2.2 place no further orders or contracts for materials, services, or facilities except as may be necessary for completion of any portion of the work under the Purchase Order which is not terminated;
30.2.3 use reasonable efforts to terminate all orders and contracts to the extent that they relate to the performance of work terminated by the Notice of P.O. Termination;
30.2.4 subject to payment by TELKOM in accordance with Article 30.3, as reasonably requested assign to TELKOM (where possible under the orders and contracts), in the manner, at the time and to the extent directed by TELKOM, PARTNER's rights, title and interest under the orders and contracts so terminated;
30.2.5 use reasonable efforts to mitigate any damages caused by the termination of the Purchase Order and settle outstanding liabilities and claims arising out of such termination of orders and contracts, with TELKOM's approval or ratification to the extent they may require, which approval or ratification shall be final for all the purposes of this Article 30;
30.2.6 subject to payment by TELKOM in accordance with Article 30.3 and as reasonably requested by TELKOM, (i) transfer title and deliver to TELKOM in the manner, at the time, and to the extent (if any) directed by TELKOM the fabricated or unfabricated parts, work in progress, completed work, supplies, and other material produced as part of, or acquired in connection with the performance of the work terminated by the Notice of P.O. Termination, and (ii) deliver to TELKOM the completed or partially completed plans, drawings, information and other property which, if the Purchase Or...
TERMINATION OF PURCHASE ORDERS. Members may terminate a Purchase Order in accordance with the terms and conditions of such Members’ Member Enrollment Agreement, found in Attachment B, which is attached and incorporated into this Contract.
TERMINATION OF PURCHASE ORDERS. (a) As provided in Sections 3.3(d) and 6.2, Diveo may, by giving written notice to Lucent, terminate the applicable Purchase Order, in whole or in part, for cause as of a date specified in the notice of termination. Additionally, in the event that a Product fails to comply with the applicable Acceptance Criteria as set forth in the Agreement, then Diveo may, by giving written notice to Lucent, terminate, in whole or in part for cause as of a date specified in the notice of termination, any Purchase Orders under which Diveo has ordered a quantity of the same Product or related Services and Lucent has not yet Delivered such Products or related Services.
(b) In either of such events as described in Subsection (a), Diveo may return to Lucent, those Products forming part of the same Purchase Order that were delivered by Lucent during the sixty (60) days immediately preceding the -------------------------------------------------------------------------------- Master Supply Agreement 7 Diveo / Lucent Confidential termination of the Purchase Order and that were intended to be integrated and/or installed by Lucent with the foregoing Products subject of the events described in Subsection (a), in which case Lucent shall promptly refund to Diveo all charges paid by Diveo to Lucent for such Products, and Diveo shall have no further payment obligations to Lucent with respect to such Products. The foregoing refund will be in the form of a credit and payable by Lucent to Diveo in accordance with Section 11.1(c).
