Common use of Contract Default Clause in Contracts

Contract Default. The Parties hereby acknowledge and agree there shall be no recourse to Omnicell for any Contract Defaults; however, provided that Buyer has made the applicable Equipment legally available for repossession by Omnicell, in the event of a Contract Default, Omnicell agrees to use commercially reasonable efforts to obtain possession of the System (with the assistance of Buyer where appropriate) for the benefit of Buyer. Omnicell shall not be required to take any legal action or to commence any legal proceeding against the Customer to obtain possession. If possession of the Equipment is obtained under this Section, Omnicell shall, at the request of Buyer, act on behalf of Buyer in storing, repairing and remarketing the Equipment in accordance with the terms of Section 8 below.