Termination Upon Event of Default. Upon the occurrence of an Event of Default (as defined below), the non-defaulting party, in its sole discretion, shall have the right to terminate this Agreement, in addition to any other remedy or remedies which may be available to it under this Agreement, at law or in equity. In addition, upon the occurrence of an Event of Default by Distributor, the Company shall have the right to cancel any or all unfilled orders for Products submitted by Distributor. The following events shall be deemed "Events of Default" with respect to the party engage in such activity: (a) Distributor fails to satisfy the minimum purchase requirements of the Products set forth in Schedule B attached hereto; (b) Distributor breaches its obligations under the Non-Circumvention Agreement; (c) Distributor breaches Section 7.1 (Trademarks of the Company); (d) In addition to the breaches of Distributor specified in paragraphs (a) through (d) above, Distributor fails to perform any of its covenants, obligations or responsibilities under this Agreement, which failure remains uncured for thirty (30) days after notice thereof from the Company; provided that the Company party delivers written notice to Distributor within ninety (90) days of the alleged default; (e) The Company fails to perform any of its covenants, obligations or responsibilities under this Agreement, which failure remains uncured for thirty (30) days after notice thereof from Distributor; provided that Distributor delivers written notice to the Company within ninety (90) days of the alleged default; (f) The dissolution, termination of existence, liquidation, insolvency or business failure of either party, or the appointment of a custodian or receiver for either party or any part of its property if such appointment is not terminated or dismissed within sixty (60) days; and (g) The institution by either party of any proceeding under the United States Bankruptcy Code or any other federal, national or state bankruptcy, reorganization, receivership, insolvency or other similar law affecting the rights of creditors generally or the making by either party of a composition or any assignment or trust mortgage for the benefit of creditors.
Appears in 3 contracts
Samples: Distribution Agreement (Black Bird Potentials Inc.), Distribution Agreement (Black Bird Potentials Inc.), Distribution Agreement (Digital Development Partners, Inc.)
Termination Upon Event of Default. Upon the occurrence of an Event of Default (as defined below), the non-defaulting party, in its sole discretion, shall have the right to terminate this Agreement, in addition to any other remedy or remedies which may be available to it under this Agreement, at law or in equity. In addition, upon the occurrence of an Event of Default by DistributorPurchaser, the Company LSIC shall have the right to cancel any or all unfilled orders for Products submitted by Distributor. Purchaser.
14.2.1 The following events shall be deemed "Events of Default" with respect to the party engage in such activity:
(a) Distributor fails to satisfy the minimum purchase requirements of the Products set forth in Schedule B attached heretoEither party breaches its obligations under Section 5 (Confidentiality) or;
(b) Distributor breaches its obligations under the Non-Circumvention Agreement;
(c) Distributor breaches Section 7.1 (Trademarks of the Company);
(d) In addition to the breaches of Distributor specified in paragraphs (a) through (d) above, Distributor Either party fails to perform any of its covenants, obligations or responsibilities under this Agreement, Agreement which failure remains uncured for thirty (30) days after notice thereof from the Companynon-defaulting party; provided that the Company non-defaulting party delivers written notice to Distributor the defaulting party within ninety (90) days of the alleged default;
(e) The Company fails to perform any of its covenants, obligations or responsibilities under this Agreement, which failure remains uncured for thirty (30) days after notice thereof from Distributor; provided that Distributor delivers written notice to the Company within ninety (90) days of the alleged default;
(fc) The dissolution, termination of existence, liquidation, insolvency or business failure of either party, or the appointment of a custodian or receiver for either party or any part of its property if such appointment is not terminated or dismissed within sixty (60) days; and;
(gd) The institution by either party of any proceeding under the United States Bankruptcy Code or any other federal, national or state bankruptcy, reorganization, receivership, insolvency or other similar law affecting the rights of creditors generally or the making by either party of a composition or any assignment or trust mortgage for the benefit of creditors; and
(e) The institution against either party of a proceeding under the United States Bankruptcy Code or any other federal, national or state bankruptcy, reorganization, receivership, insolvency or other similar law affecting the rights of creditors generally, which proceeding is not dismissed within sixty (60) days of filing.
Appears in 1 contract
Termination Upon Event of Default. Upon the occurrence of an Event of Default (as defined below), the non-defaulting party, in its sole discretion, shall have the right to terminate this Agreement, in addition to any other remedy or remedies which may be available to it under this Agreement, at law or in equity. In addition, upon the occurrence of an Event of Default by Distributor, the Company shall have the right to cancel any or all unfilled orders for Products submitted by Distributor. The following events shall be deemed "“Events of Default" ” with respect to the party engage in such activity:
(a) Distributor fails to satisfy the minimum purchase requirements of the Products set forth in Schedule B attached hereto;
(b) Distributor breaches its obligations under the Non-Circumvention Agreement;
(c) Distributor breaches Section 7.1 (Trademarks of the Company);
(d) In addition to the breaches of Distributor specified in paragraphs (a) through (d) above, Distributor fails to perform any of its covenants, obligations or responsibilities under this Agreement, which failure remains uncured for thirty (30) days after notice thereof from the Company; provided that the Company party delivers written notice to Distributor within ninety (90) days of the alleged default;
(e) The Company fails to perform any of its covenants, obligations or responsibilities under this Agreement, which failure remains uncured for thirty (30) days after notice thereof from Distributor; provided that Distributor delivers written notice to the Company within ninety (90) days of the alleged default;
(f) The dissolution, termination of existence, liquidation, insolvency or business failure of either party, or the appointment of a custodian or receiver for either party or any part of its property if such appointment is not terminated or dismissed within sixty (60) days; and
(g) The institution by either party of any proceeding under the United States Bankruptcy Code or any other federal, national or state bankruptcy, reorganization, receivership, insolvency or other similar law affecting the rights of creditors generally or the making by either party of a composition or any assignment or trust mortgage for the benefit of creditors.
Appears in 1 contract
Samples: Distribution Agreement (Digital Development Partners, Inc.)
Termination Upon Event of Default. Upon the occurrence of an Event of Default (as defined below), the non-defaulting party, in its sole discretion, shall have the right to terminate this Agreement, in addition to any other remedy or remedies which may be available to it under this Agreement, at law or in equity. In addition, upon the occurrence of an Event of Default by Distributor, the Company shall have the right to cancel any or all unfilled orders for CBD Products submitted by Distributor. The following events shall be deemed "“Events of Default" ” with respect to the party engage in such activity:
(a) Distributor fails to satisfy the minimum purchase requirements of the CBD Products set forth in Schedule B C (Minimum Purchase Requirements of Distributor) attached hereto;
(b) Distributor breaches its obligations under the Non-Circumvention Agreement;
(c) Distributor breaches Section 7.1 9.1 (Trademarks of the Company);
(d) Distributor breaches Section 13 (Sales Promotion; Customer Service);
(e) In addition to the breaches of Distributor specified in paragraphs (a) through (d) above, Distributor fails to perform any of its covenants, obligations or responsibilities under this Agreement, which failure remains uncured for thirty (30) days after notice thereof from the Company; provided that the Company party delivers written notice to Distributor within ninety (90) days of the alleged default;
(ef) The Company fails to perform any of its covenants, obligations or responsibilities under this Agreement, which failure remains uncured for thirty (30) days after notice thereof from Distributor; provided that Distributor delivers written notice to the Company within ninety (90) days of the alleged default;
(fg) The dissolution, termination of existence, liquidation, insolvency or business failure of either party, or the appointment of a custodian or receiver for either party or any part of its property if such appointment is not terminated or dismissed within sixty (60) days; and
(gh) The institution by either party of any proceeding under the United States Bankruptcy Code or any other federal, national or state bankruptcy, reorganization, receivership, insolvency or other similar law affecting the rights of creditors generally or the making by either party of a composition or any assignment or trust mortgage for the benefit of creditors.
Appears in 1 contract
Samples: Regional Development and Distribution Agreement (Digital Development Partners, Inc.)
Termination Upon Event of Default. Upon the occurrence of an Event of Default (as defined below), the non-non- defaulting party, in its sole discretion, shall have the right to terminate this Agreement, in addition to any other remedy or remedies which may be available to it under this Agreement, at law or in equity. In addition, upon the occurrence of an Event of Default by Distributor, the Company shall have the right to cancel any or all unfilled orders for Products submitted by Distributor. The following events shall be deemed "Events of Default" with respect to the party engage in such activity:
(a) Distributor fails to satisfy the minimum purchase requirements of the Products set forth in Schedule B attached hereto;
(b) Distributor breaches its obligations under the Non-Circumvention Agreement;
(b) Distributor breaches its obligations to make Private Label Rights Fees required by Section 7.1 (Private Label Rights Fee), which breach remains uncured for ten (10) days;
(c) Distributor breaches Section 7.1 7.2 (Prior Approval of Private Labels);
(d) Distributor breaches Section 8.1 (Trademarks of the Company);
(de) In addition to the breaches of Distributor specified in paragraphs (a) through (d) above, Distributor fails to perform any of its covenants, obligations or responsibilities under this Agreement, which failure remains uncured for thirty (30) days after notice thereof from the Company; provided that the Company party delivers written notice to Distributor within ninety (90) days of the alleged default;
(ef) The Company fails to perform any of its covenants, obligations or responsibilities under this Agreement, which failure remains uncured for thirty (30) days after notice thereof from Distributor; provided that Distributor delivers written notice to the Company within ninety (90) days of the alleged default;
(fg) The dissolution, termination of existence, liquidation, insolvency or business failure of either party, or the appointment of a custodian or receiver for either party or any part of its property if such appointment is not terminated or dismissed within sixty (60) days; and
(gh) The institution by either party of any proceeding under the United States Bankruptcy Code or any other federal, national or state bankruptcy, reorganization, receivership, insolvency or other similar law affecting the rights of creditors generally or the making by either party of a composition or any assignment or trust mortgage for the benefit of creditors.
Appears in 1 contract
Samples: Distribution Agreement (Black Bird Potentials Inc.)