Rejection Generally Clause Samples
The 'Rejection Generally' clause defines the circumstances and procedures under which a party may refuse to accept goods, services, or deliverables that do not meet the agreed-upon specifications or standards. Typically, this clause outlines the process for notifying the other party of the rejection, the timeframe for such notification, and the remedies available, such as repair, replacement, or refund. Its core practical function is to protect the receiving party from being obligated to accept substandard or nonconforming performance, thereby ensuring quality control and clear recourse in the event of unsatisfactory fulfillment.
Rejection Generally. On the Effective Date, except for an executory contract or unexpired lease that was previously assumed, assumed and assigned or rejected by an order of the Bankruptcy Court or that is assumed pursuant to Section 5.1, each executory contract or unexpired lease entered into by a Debtor prior to the Petition Date that has not previously expired or terminated pursuant to its own terms shall be deemed rejected pursuant to section 365 of the Bankruptcy Code. The executory contracts or unexpired leases to be rejected pursuant to this Plan will include the executory contracts or unexpired leases listed on Plan Supplement 11B. Each executory contract and unexpired lease listed on Plan Supplement 11B shall be rejected only to the extent that any such contract or lease constitutes an executory contract or unexpired lease. Listing a contract on Plan Supplement 11B will not constitute an admission by a Debtor or Reorganized Debtor that such contract or lease is an executory contract or unexpired lease or that a Debtor or Reorganized Debtor has any liability thereunder. Regardless of whether an executory contract or unexpired lease is listed on Plan Supplement 11B, it will be deemed rejected unless such contract (a) is listed on Plan Supplement 11A, (b) was previously assumed, assumed and assigned, or rejected by order of the Bankruptcy Court, or (c) is deemed assumed pursuant to Sections 5.1(c) through 5.1(g), Section 5.4 or Section 6.10.
Rejection Generally. After following the procedure set forth in this Section 4.C., Ocean Spray may reject any Northland Products which (1) do not meet the specifications as set forth on Exhibits 1 and 2 related to excessive trash, bad fruit, foreign material and color, or (2) do not comply with Northland’s warranty in Section 4.D. For rejections based upon the foregoing, Ocean Spray must provide notice of Initial Rejection of the Northland Products within 30 days of the actual date of delivery to Ocean Spray, provided that any rejection based upon a breach of Northland’s warranty in Section 4.D. may be made at any time. OCEAN SPRAY’S FAILURE TO MAKE SUCH CLAIMS WITHIN THE SPECIFIED TIME PERIOD WILL RESULT IN AN UNCONDITIONAL WAIVER OF SUCH CLAIMS. In the absence of notifying Northland of the proper rejection of the Northland Products, Ocean Spray will be deemed to have accepted the Northland Products.