Default by VENDOR. The Purchaser may provide written notice to the Vendor if the Vendor: (a) fails to deliver any goods or services to be provided hereunder in the manner and in strict compliance with the schedule specified in the Order; or (b) defaults under the Order in any respect. If: (c) the Vendor fails to remedy its failure or default within 3 days of receipt of such notice; or (d) if the Vendor becomes insolvent, a receiver is appointed, or if the Vendor is petitioned or assigned into bankruptcy or otherwise seeks protection under bankruptcy laws, then without limiting the Purchaser’s other rights and remedies, the Purchaser may terminate the Order or any part of it and the Purchaser may purchase similar goods or services or both elsewhere, or secure the manufacture and delivery of goods or the performance of services by contract or otherwise, and the Vendor shall be liable to the Purchaser for all costs, expenses, losses and damage suffered or incurred by the Purchaser arising or resulting from the Vendor’s failure, default or insolvency. The Purchaser’s remedies hereunder are not exclusive, but are in addition to any other rights and remedies available to the Purchaser as provided by law or equity.
Appears in 2 contracts
Sources: General Conditions of Purchase, General Conditions of Purchase