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.
12.3.2.2 In the event that any Vendor under any Vendor service life policy obtained by the Seller pursuant to Subclause 12.3.1 hereof defaults in the performance of any material obligation with respect thereto, and the Buyer submits within reasonable time to the Seller reasonable evidence that such default has occurred, then Subclause 12.2 of this Agreement will apply to the extent the same would have been applicable had such component, equipment, accessory or part been listed in Exhibit "D" hereto.
12.3.2.3 At the Seller's request, the Buyer will assign to the Seller, and the Seller will be subrogated to, all of the Buyer's rights against the relevant Vendor, with respect to and arising by reason of such default and the Buyer will provide reasonable assistance to enable the Seller to enforce the rights so assigned.
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. 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:-
(a) the Vendor fails, neglects or refuses to or commits:
(i) complete the sale in accordance with the provisions of this Agreement; or
(ii) perform or comply with any of its material obligations on its part herein to be performed under this Agreement,
Vendor’s Default. If and whenever Innogy defaults in the performance of any of the Innogy Guaranteed Obligations the Innogy Guarantor shall forthwith upon demand unconditionally perform (or procure performance of) and satisfy (or procure the satisfaction of) the Innogy Guaranteed Obligations in regard to which such default has been made in the manner prescribed by this Agreement and so that the same benefits shall be conferred on Northern as it would have received if the Innogy Guaranteed Obligations had been duly performed and satisfied by Innogy (as the case may be).
Vendor’s Default. If and whenever Northern defaults in the performance of any of the NE plc Guaranteed Obligations NE plc shall forthwith upon demand unconditionally perform (or procure performance of) and satisfy (or procure the satisfaction of) the NE plc Guaranteed Obligations in regard to which such default has been made in the manner prescribed by this Agreement and so that the same benefits shall be conferred on Innogy as it would have received if the NE plc Guaranteed Obligations had been duly performed and satisfied by NE plc (as the case may be).
Vendor’s Default. In the event the Vendor fails to complete the sale as set out herein, the Purchaser shall be entitled to terminate this Agreement and to claim an amount equivalent to the Deposit as agreed liquidated damages from the Vendor. In respect of the termination, the following provisions shall further apply:-
Vendor’s Default. If and whenever a Vendor defaults for any reason whatsoever in the performance of any of the Guaranteed Obligations the Guarantor shall forthwith upon demand unconditionally perform (or procure performance of) and satisfy (or procure the satisfaction of) the Guaranteed Obligations in regard to which such default has been made in the manner prescribed by this Agreement or the Tax Deed and so that the same benefits (but no greater benefits) shall be conferred on the Purchaser as it would have received if the Guaranteed Obligations had been duly performed and satisfied by the Vendor.
Vendor’s Default. If and whenever the Vendor defaults for any reason whatsoever in the performance or satisfaction of any Vendor's Obligation or any Vendor's Payment, the Guarantor shall forthwith upon demand unconditionally perform (or procure performance of) and satisfy (or procure the satisfaction of) the Vendor's Obligation or the Vendor's Payment (as the case may be) in regard to which such default has been made in the manner prescribed by this Agreement and so that the same benefits shall be conferred on Citigroup as it would have received if the Vendor's Obligations or the Vendor's Payments (as the case may be) had been duly performed and satisfied by the Vendor.
Vendor’s Default. 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:
