Common use of TERMINATION Clause in Contracts

TERMINATION. Buyer may immediately terminate all or any part of this Order at any time for any reason or for convenience upon notice to Seller. Seller immediately shall, and cause its suppliers and subcontractors to, stop all work on the portion of the Order so terminated. Seller shall submit a comprehensive termination claim with sufficient supporting data to Buyer within 30 days from the effective date of termination. Seller shall submit all supporting information as Buyer shall request. If such materials are delivered to Buyer, Buyer shall pay to Seller the price for unpaid: (a) completed goods and services; and (b) actual costs of work-in-process and raw materials incurred by Seller in furnishing the goods and services under this Order to the extent reasonable and properly allocable or apportionable under generally accepted accounting principles to the terminated portion of this Order, less the reasonable value or cost (whichever is higher) of goods or materials used or sold by Seller with Buyer’s consent. Buyer shall not pay for: (a) finished goods, works-in- process or raw materials in excess of this Order or shipment releases; (b) amounts subject to a condition precedent according to the delivery schedule sent by the Buyer, (c) undelivered goods which are in Seller’s standard stock or that are readily marketable; (d) claims by Seller or Seller’s subcontractors for loss of anticipated profit, unabsorbed overhead, interest on claims, product development and engineering costs, facilities and equipment rearrangement costs or rental, unamortized depreciation costs, and general and administrative burden charges arising from termination;

Appears in 2 contracts

Samples: www.antolin.com, www.grupoantolin.com

TERMINATION. Buyer may immediately terminate all or any part of this Order at any time for any reason or for convenience upon notice to Seller. Seller immediately shall, and cause its suppliers and subcontractors to, stop all work on the portion of the Order so terminated. Seller shall submit a comprehensive termination claim with sufficient supporting data to Buyer within 30 days from the effective date of termination. Seller shall submit all supporting information as Buyer shall request. If such materials are delivered to Buyer, Buyer shall pay to Seller the price for unpaid: (a) completed goods and services; and (b) actual costs of work-work- in-process and raw materials incurred by Seller in furnishing the goods and services under this Order to the extent reasonable and properly allocable or apportionable under generally accepted accounting principles to the terminated portion of this Order, less the reasonable value or cost (whichever is higher) of goods or materials used or sold by Seller with Buyer’s consent. Buyer shall not pay for: (a) finished goods, works-in- in-process or raw materials in excess of this Order or shipment releases; (b) amounts subject to a condition precedent according to the delivery schedule sent by the Buyer, (c) undelivered goods which are in Seller’s standard stock or that are readily marketable; (d) claims by Seller or Seller’s subcontractors for loss of anticipated profit, unabsorbed overhead, interest on claims, product development and engineering costs, facilities and equipment rearrangement costs or rental, unamortized depreciation costs, and general and administrative burden charges arising from termination;; (e) incidental, or other costs which could have been reasonably mitigated; or (f) consequential costs or damages.

Appears in 1 contract

Samples: www.grupoantolin.com

TERMINATION. Buyer may immediately terminate all or any part of this Order at any time for any reason or for convenience upon notice to Seller. Seller immediately shall, and cause its suppliers and subcontractors to, stop all work on the portion of the Order so terminated. Seller shall submit a comprehensive termination claim with sufficient supporting data to Buyer within 30 days from the effective date of termination. Seller shall submit all supporting information as Buyer shall request. If such materials are delivered to Buyer, Buyer shall pay to Seller the price for unpaid: (a) completed goods and services; and (b) actual costs of work-in-process and raw materials incurred by Seller in furnishing the goods and services under this Order to the extent reasonable and properly allocable or apportionable under generally accepted accounting principles to the terminated portion of this Order, less the reasonable value or cost (whichever is higher) of goods or materials used or sold by Seller with Buyer’s consent. Buyer shall not pay for: (a) finished goods, works-in- in-process or raw materials in excess of this Order or shipment releases; (b) amounts subject to a condition precedent according to the delivery schedule sent by the Buyer, (c) undelivered goods which are in Seller’s standard stock or that are readily marketable; (d) claims by Seller or Seller’s subcontractors for loss of anticipated profit, unabsorbed overhead, interest on claims, product development and engineering costs, facilities and equipment rearrangement costs or rental, unamortized depreciation costs, and general and administrative burden charges arising from termination;; (e) incidental, or other costs which could have been reasonably mitigated; or (f) consequential costs or damages.

Appears in 1 contract

Samples: www.grupoantolin.com