Remedies for Delay. If Supplier fails to meet a Contract Milestone, then subject to clause 26.3 (Extensions of time), but without prejudice to any other right or remedy of Entelar: (a) subject to the other provisions of the Agreement, Entelar will be entitled to claim liquidated damages from Supplier for the period from the Due Date of the relevant Contract Milestone up to but excluding the date on which the Contract Milestone is met, at the applicable rate(s) set outin the relevant Letter Agreement or PO; (b) if Supplier fails to meet the Contract Milestone by the end of the Milestone Remedy Period, then at any time thereafter, unless and until Supplier has met that Contract Milestone, Entelar may terminate the Agreement with immediate effect by written notice to Supplier, in which case Entelar may also terminate any other related Agreement with Supplier; and (c) wherever Entelar terminates the Agreement or any related Agreement under this clause 26.4: (i) Entelar will not be liable for anyfurther charges under that Agreement; (ii) Supplier must refund to Entelar on demand all charges for any deliverables that have not yet been provided to Entelar under that Agreement; and (iii) Entelar may (at its absolute discretion) return any deliverables already provided under that Agreement, in which case Supplier must refund to Entelaron demand all charges for those returned deliverables.
Appears in 2 contracts
Sources: Purchase Agreement, Purchase Agreement