Vendor’s Default. 12.3.2.1 In the event that any Vendor under any standard warranty or indemnity against patent infringements obtained by the Seller pursuant to Subclause 12.3.1 or Clause 13 hereof defaults in the performance of any material obligation under such warranty or indemnity against patent infringements with respect to a Vendor Part, and the Buyer submits within a reasonable time to the Seller reasonable evidence that such default has occurred, then Subclause 12.1 or Clause 13 of this Agreement will apply to the extent the same would have been applicable had such Vendor Part been a Warranted Part except that, for obligations covered under Subclause 12.1, the shorter of (i) the Vendor's warranty period as indicated in the Supplier Product Support Agreements manual and (ii) the Seller's warranty period as indicated in Subclause 12.1.3 of this Agreement will apply.
Vendor’s Default. In the event that Vendor fails to perform any provision of this Purchase Order or of any other contract with TDSB, or is in breach of any express or implied term hereof, or becomes insolvent, or makes an assignment for the benefit of its creditors, or is adjudicated bankrupt or suffers a receiver to be appointed to its business, or makes a material liquidation of its assets, or ceases to do business or to exist, TDSB reserves the right to terminate unconditionally this Purchase Order or any part hereof or any other contracts with Vendor, to reject the Goods/Services or to dispose of it for the account of Vendor at a time and price which TDSB deems reasonable, and Vendor is bound to reimburse TDSB for any loss or damage sustained therefrom, including without limitation loss of profits obtainable from resale by TDSB of the Goods/Services and damages caused to any customer purchasing the Goods/Services from TDSB.
Vendor’s Default. Failure or refusal of the Vendor to perform or do any act herein required shall constitute default. In the event of any default, in addition to any other remedy available to the District, the District may terminate this Contract pursuant to the terms of Section 5 herein. Such a termination shall not waive any other legal remedies available to the District.
Vendor’s Default. 12.3.2.1 In the event that a Vendor, under any standard warranty obtained by the Seller pursuant to sub-Clause 12.3.1 above, defaults in the performance of any material obligation with respect to such warranties and the Buyer submits in reasonable time to the Seller reasonable proof that such default has occurred, then the provisions of sub-Clause 12.1 of this Agreement shall apply to the extent the same would have been applicable had such Vendor Part been a Warranted Part except that the shorter of either the Vendor’s warranty period as indicated in the “Vendor Product Support Agreement” or the Seller’s warranty period as indicated in sub-Clause 12.1.3 of the Agreement shall be applicable.
Vendor’s Default. Subject to the Purchaser having first complied with and observed the obligations, covenants, provisions, terms and conditions on the part of the Purchaser herein contained, the Purchaser shall be entitled, at any time, thereafter to give notice to the Vendor terminating this Agreement if:-
Vendor’s Default. Without prejudice to any other rights or remedies of the Purchaser arising under this Agreement or otherwise, if:
Vendor’s Default. Vendor will be in default in the event of Vendor’s material breach of any term or condition of this Services Agreement, including a Vendor representation, guarantee or warranty, unless Vendor cures the material breach within 30 days following Vendor’s receipt of CCH’s written notice describing the material breach. No failure of CCH to give written notice of material breach to Vendor will be deemed a waiver of CCH’s right to assert such material breach at a later time in the event Vendor commits a subsequent material breach of any term or condition of this Services Agreement.
Vendor’s Default. If Vendor fails or refuses to perform its obligations under this Agreement, and such failure or refusal is not cured within ten (10) Business Days after Vendor’s receipt of notice of such failure from Purchaser, such period of time in no event to extend beyond the Closing Date, then Purchaser shall be entitled to the return of the Deposits, without restricting the exercise by Purchaser of any other legal or equitable right or remedy that Purchaser may have against Vendor as a result of Vendor’s default (including but not limited to specific performance and injunction).
Vendor’s Default. 17. If this Agreement is terminated by the Purchaser upon the Vendor's breach of an essential term or repudiation of this Agreement or for the breach of any warranty contained in this Agreement which would have a material effect on the Purchaser's decision to proceed with completion, the Purchaser is entitled to recover from the Vendor:
Vendor’s Default. In the event that the Vendor fails to comply with the provisions of this Agreement or shall refuse to complete the sale other than due to the Purchaser's default and failure to comply with its obligations under this Agreement the Purchaser shall be entitled to either:-
