Examples of Refining Services in a sentence
Upon an Event of Default, Checon may, in its sole discretion and without limiting its other remedies: (i) cancel future orders and deliveries of Goods to Customer;(ii) cancel or cease performance of Refining Services; (iii) close Customer’s Metal Account(s); (iv) terminate all agreements with Customer, including, without limitation, forward contracts; and (v) set off any amounts, whether or not matured or liquidated, owed by Customer to Checon under any closed Metal Account or terminated agreement.
All intellectual property rights, including, without limitation, patents, trademarks, trade secrets, know-how, and other sensitive, proprietary, or confidential information, associated with or relating to the Refining Services will remain the sole and exclusive property of Checon.
Customer acknowledges and agrees that Refining Materials are required to provide the Refining Services, and, to the extent that Customer fails to provide such Refining Materials, Checon will be relieved of its obligations under the Agreement.
Customer’s sole and exclusive remedy for any breach of the Warranty is: (a) at Checon’s option, repair or replacement of the non- conforming Goods;(b) re-provision of the applicable Refining Services; or (c) replacement of the non-conforming Metal if Customer provides written Notice to Checon of the non-conformance within five (5) days after Customer discovers the non-conformance.
Unless otherwise agreed to in writing, Checon reserves the right to provide Refining Services to all Refining Materials after completing Evaluations.
Checon’s maximum liability on any claim arising out of or resulting from the: (i) sale of Goods will not exceed the purchase price of the Goods for which any such claim is made, not to include the value of the Metal; (ii) Refining Services will not exceed the aggregate amounts paid to Checon with respect to the materials for which any claim is made; and (iii) Metal Account transactions will not exceed the value of the aggregate net quantity of Metal properly credited to such Metal Account.
Customer shall promptly: (i) respond to any requests for information, approvals, authorizations, or decisions reasonably necessary to provide the Refining Services; and (ii) notify Checon of any dangerous, operational, or special conditions that may affect the provision of the Refining Services.
Checon may refuse to provide Refining Services for the lot of Refining Materials upon conducting Evaluations of the full lot, regardless of any previously inspected samples.
Checon may, in its sole discretion and in a manner, it deems appropriate, conduct processing, sampling, analysis, weighing, assays, and other evaluations (collectively, “Evaluations”) in connection with the sale of Goods, provision of Refining Services, or maintenance of a Metal Account.
Unless otherwise set forth in the Agreement, Customer shall pay Checon for Goods and Refining Services within thirty (30) days after the date of the applicable invoice.If Customer’s creditworthiness changes, then Checon may demand advance payment for the Goods and Refining Services or other means of financial security, including, without limitation, a letter of credit.