Transactions After Termination. 1. In the event notice of termination of this Agreement has been given by one party to the other pursuant to this Section IX or if this Agreement has expired by its terms, GM will not be obligated to ship to MIS Account any orders for Parts, all shipments may be immediately terminated and all orders then on hand may be immediately canceled by GM in its sole discretion.
2. Termination of this Agreement will not affect any rights or obligations of the respective parties, which will have accrued before the termination, including but not limited to MIS Account’s payment obligations.
3. Upon termination of this Agreement by GM under this Section IX or upon the expiration of the term of this Agreement, GM may, upon request by MIS Account and in GM’s sole discretion, purchase from MIS Account Parts considered eligible for return by GM.
4. Upon termination of this Agreement, GM shall provide to MIS Account a statement of all amounts due and owing from MIS Account to GM (the "Final Statement of Charges"). MIS Account is obligated to pay GM all sums owing within thirty (30) days of receipt of the Final Statement of Charges. All amounts stated in the Final Statement of Charges shall be subject to late payment charges from the date due equal to 1-1/2% per month up to the maximum state and federal allowances.
5. The termination of this Agreement by either party shall not entitle MIS Account to any compensation from GM or render GM liable for damages.
Transactions After Termination. In the event either party has any business relation with the other after termination of this Agreement, any such relation shall not be construed as a renewal of this Agreement or a waiver of such termination, but all transactions shall be governed by terms identical with the terms of this Agreement relating thereto unless the parties otherwise agree in writing.
Transactions After Termination. SECTION 6.01 Any termination of this Agreement shall not release each party from paying to the other party any amount which may then be owed. In the event of any termination of this Agreement, all obligations owed by each party to the other party and/or to its affiliates shall become immediately due and payable on the effective date of termination whether otherwise then due or not.
SECTION 6.02 Upon termination of this Agreement. COMPANY shall return to SUPPLIER , at COMPANY’s expense, promptly and without charge (except as hereinafter provided) all Products and parts books, price lists, maintenance manuals, parts and service policy manuals, service bulletins, parts cross reference manuals, sales aids, and other publications of SUPPLIER relating to Products or parts which COMPANY has on hand. Upon termination of this Agreement, COMPANY shall terminate any registration it has made in any country as a COMPANY of SUPPLIER. Upon termination of this Agreement, COMPANY shall return to SUPPLIER, each sign having any SUPPLIER name or trademark (whether or not any such material or signs have been paid for in full by COMPANY) and COMPANY will discontinue all advertising of such Products and parts and remove from COMPANY’s place of business, at COMPANY’s expense, all reference to SUPPLIER’s names and trademarks.
Transactions After Termination. If either Buyer or Seller has any business relations with the other party after the termination of this Master Agreement with respect to an Exhibit, such relations shall not be construed as a renewal of this Master Agreement with respect to such Exhibit or as a waiver of such termination, but all such transactions shall be governed by terms identical with the provisions of this Master Agreement and such Exhibit relating thereto, unless the parties otherwise agree in writing.
Transactions After Termination. In addition to any other provisions hereof addressing the rights or obligations of the parties upon the termination of this Agreement, the parties agree that upon the termination of this Agreement, for whatever reason:
(a) SeraCare shall return all written promotional, advertising and sales materials provided to SeraCare by the Company hereunder.
(b) Notwithstanding anything herein or otherwise which may appear to be to the contrary, the termination of this Agreement shall not affect any liability or obligation of the parties hereunder which shall accrue prior to such termination, including, but not limited to, any liability for loss or damage or on account of breach, nor shall the termination of this Agreement (by either party and for whatever reason) affect the terms or provisions hereof which contemplate performance by or continuing obligations of a party beyond the termination hereof, including, without limitation, the obligations of SeraCare under paragraphs 6(i), 6(j), 14, 15, 16 and 20 hereof, all which shall continue in effect notwithstanding any termination hereof.
Transactions After Termination. 24 1. Effect of Termination on Orders . . . . . . . . . . . . . 24 2.
Transactions After Termination. SECTION 8.01. Any termination of this Agreement shall not release either party from paying any amount which may then be owing to the other party. In the event of any termination of this Agreement, all obligations owed by either party before termination shall become immediately due and payable on the effective date of termination whether otherwise then due or not.
SECTION 8.02. In the event of termination of this Agreement by Company pursuant to Section 7.02 or Section 7.04 hereof, Distributor shall sell to Company, any and all Products or parts in Distributor's stock which are new, standard, unused, saleable and in good and usable condition, not obsolete, which are currently offered for sale by Company, within thirty (30) days after the effective date of termination, and Distributor shall promptly ship such Products and parts to a destination specified by Company in accordance with shipping instructions used by Company to Distributor. Company shall bear the cost of shipment of Products and parts.
SECTION 8.03. Upon termination of this Agreement by Company, Distributor shall return to Company, at Company's cost, all Products and parts books, price lists, maintenance manuals, parts and service policy manuals, service bulletins, parts cross reference manuals, sales aids, and other publications of Company relating to Products or parts which Distributor has on hand. There will be no re-stocking fee from Distributor to company to return items. If Distributor terminated agreement it will be their responsibility to pay all costs in returning the listed items. Upon termination of this Agreement, Distributor shall return to Company each sign having any Company name or trademark (whether or not any such material or signs have been paid for in full by Distributor) and Distributor will discontinue all advertising of such Products and parts and remove from Distributor's place of business, at Distributor's expense, all reference to Company's names and trademarks.
Transactions After Termination. SECTION 8.01 Any termination of this Agreement shall not release DNP from paying any amount which may then be owing to SRI or from any obligation to pay for any Products or parts which may have been ordered by DNP and not shipped prior to such termination. In the event of any termination of this Agreement, all obligations owed by DNP to SRI and to its affiliates shall become immediately due and payable on the effective date of termination whether otherwise then due or not (without presentation, demand, protest or notice of any kind, all of which are hereby waived by DNP); and SRI may offset and deduct from any or all amounts owed to DNP, any or all amounts owed by DNP to SRI, rendering to DNP the excess, if any.
SECTION 8.02 In the event of termination of this Agreement by SRI for “Cause” pursuant to Section 7.03, SRI is relieved from any obligation to make any further shipments hereunder, and may cancel all of DNP's orders for Products, which are proved to SRI's satisfaction to be existing at the time of the receipt by DNP of notice of termination. Further, if SRI terminates this Agreement for “Cause,” SRI may, but is under no obligation to, continue post-termination sales of Products to DNP for a period time as SRI shall determine in its sole discretion. In the event SRI terminates this Agreement for any reason other than for “Cause,” SRI shall fill all of DNP's orders for Products, which are proved to SRI’s satisfaction to be existing at the time of the receipt by DNP of notice of termination and continue post-termination sales of Products for a post-termination period as mutually agreed upon by SRI and DNP, (the “Post Termination Period”).
SECTION 8.03 Except as provided in this Section 8.03, DNP shall be entitled to the pricing for Products established in accordance with this Agreement to fulfill sales of Product to DNP customers for the Post Termination Period. DNP shall not be entitled to the pricing for Products established in accordance with this Agreement if SRI terminates this Agreement for “Cause” pursuant to Section 7.03, or if DNP terminates this Agreement.
SECTION 8.04 DNP shall be solely responsible for all commitments incurred or assumed by it during the term of this Agreement or thereafter, and SRI shall not be held responsible in any manner therefor, irrespective of any suggestion or recommendation with respect thereto by SRI or any of its employees or representatives unless SRI has expressly agreed in writing to assume the responsibilit...
Transactions After Termination. 8.01 Any termination of this Agreement shall not release Distributor from paying any amount which may then be owing to AAI or for paying for any units of the Specified Product, less defective units, which may have been ordered by and/or shipped to Distributor, as of the date of termination. AAI may offset and deduct from any or all amounts owed to Distributor, any or all amounts owed by Distributor to AAI, rendering to Distributor the excess, if any.
8.02 In the event of termination of this Agreement, AAI will maintain, at AAI's expense, the toll-free customer service number as described in Section 4, of this Agreement, for a period of at least 12 months after termination.
8.03 In the event of termination of this Agreement by either party as provided herein except as expressly provided in this Agreement, AAI is relieved from any obligation to make any further shipments hereunder. The acceptance of Purchase Orders by AAI from Distributor or the continuous sale of units of the Specified Product or parts to Distributor shall not be construed as a renewal of this Agreement for any further term nor as a waiver of the termination. In the event of AAI's acceptance of Purchase Orders from Distributor after the termination of this Agreement, then AAI shall be obligated to deliver such units as though this Agreement were in full force and effect, unless agreed to otherwise in writing by the parties, but shall not be construed as a renewal of this Agreement for any further term nor as a waiver of the termination.
8.04 In the event this Agreement is terminated for any reason, all subsequent defective returns will be settled by a remittance check from AAI to Distributor for the original purchase price paid by Distributor within 14 days of receipt of the defective returns by AAI. Any defective returns deemed by AAI not to be defective, as specified in Section 6.01, 6.02 and 6.03 shall be returned to Distributor freight collect.
Transactions After Termination. 18 14.7.1 Effect on Orders.............................................18 14.7.2
