WA Issuance. Buyer is under no obligation to purchase any Products and/or Services, except as ordered in WAs and within the liability limits addressed elsewhere in the Agreement, including those addressed in the Product Unique Attachment(s) to this SOW. Supplier will comply with Buyer's requested changes to delivery of Products specified in a WA as described in the Product Unique Attachment(s) to this SOW, with the applicable additional charge to Buyer, if any. If Buyer decreases Product quantities specified in a WA outside of allowances described in the Product Unique Attachment(s) to this SOW, Supplier will use commercially reasonable efforts to mitigate Buyer's liability for such Product quantities. The parties acknowledge that WAs may be placed on Supplier under this SOW by entities other than the Buyer, but only to the extent expressly authorized by Buyer in writing, and agreed to in writing by Supplier. Supplier may reject Buyer's third party authorization only if such rejection is commercially reasonable. Supplier agrees that for such authorized purchases that (a) the Buyer authorized third party purchaser under this SOW shall have extended to it all the protections, rights, and other benefits of the Agreement;
Appears in 2 contracts
Samples: Base Agreement (Lsi Logic Storage Systems Inc), Base Agreement (Engenio Information Technologies, Inc.)
WA Issuance. Buyer is under no obligation to purchase any Products and/or Services, except as ordered in WAs and within the liability limits addressed elsewhere in the Agreement, including those addressed in the Product Unique Attachment(s) to this SOW. Supplier will comply with Buyer's ’s requested changes to delivery of Products specified in a WA as described in the Product Unique Attachment(s) to this SOW, with the applicable without additional charge to Buyer, if any. If Buyer decreases Product quantities specified in a WA outside of allowances described in the Product Unique Attachment(s) to this SOW, Supplier will use commercially reasonable all efforts to mitigate Buyer's liability for such Product quantities’s liability. The parties acknowledge that WAs may be placed on Supplier under this SOW by entities other than the Buyer, but only to the extent expressly authorized by Buyer and Supplier in writing, and agreed to in writing by Supplier. Supplier may reject Buyer's third party authorization only if such rejection is commercially reasonable. Supplier agrees that for such authorized purchases that (a) the Buyer authorized third party purchaser under this SOW shall have extended to it all the protections, rights, and other benefits of the Agreement;; (b) Buyer is a third party beneficiary and has the right to enforce the terms of this Agreement on such purchases on a joint and several basis; and (c) Buyer shall not be liable to either party with regard to such purchase transactions.
Appears in 2 contracts
Samples: Base Agreement (Overland Storage Inc), Base Agreement (Overland Storage Inc)
WA Issuance. Buyer is under no obligation to purchase any Products and/or Services, except as ordered in WAs and within the liability limits addressed elsewhere in the Agreement, including those addressed in the Product Unique Attachment(s) to this SOW. Supplier will comply with Buyer's ’s requested changes to delivery of Products specified in a WA as described in the Product Unique Attachment(s) to this SOW), with the applicable without additional charge to Buyer, if any. Buyer If Buyer decreases Product quantities specified in a WA outside of allowances described in the Product Unique Attachment(s)) to this SOW, Supplier will use commercially all reasonable efforts to mitigate Buyer's liability for such Product quantities’s liability. The parties acknowledge that WAs may be placed on Supplier under this SOW by entities other than the Buyer, or its Affiliates, but only to the extent expressly authorized by Buyer in writing, writing and agreed subject to in writing by Supplier. Supplier may reject Buyer's the credit worthiness of such authorized third party authorization only if such rejection is commercially reasonable. by Supplier r and Supplier agrees that for such authorized purchases that (a) the Buyer authorized third party purchaser under this SOW shall have extended to it all the protections, rights, and other benefits of the Agreement;; (b) Buyer is a third party beneficiary and has the right to enforce the terms of this Agreement on such purchases on a joint and several basis; and (c) Buyer and its Affiliates shall not be liable to Supplier with regard to such purchase transactions. Agreement #4998RL1168 SOW #4904RL1344
Appears in 1 contract
Samples: Statement of Work (Voltaire Ltd.)