Supplier’s Default Sample Clauses
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Supplier’s Default. 12.3.2.1 In the event any Supplier, under any warranty obtained by the Seller and transferred to the Buyer pursuant to the Supplier Product Support Agreement, defaults in the performance of any material obligation with respect thereto and the Buyer submits in reasonable time to the Seller reasonable evidence that such default has occurred, then Clause 12.1 shall apply to the extent the same would have been applicable had such Supplier Part been a Warranted Part, except that the Supplier’s warranty period as indicated in the Supplier Product Support Agreement shall apply.
12.3.2.2 In the event any Supplier, under any Supplier service life policy obtained by the Seller and transferred to the Buyer pursuant to the Supplier Product Support Agreement, defaults in the performance of any material obligation with respect thereto and the Buyer submits in reasonable time to the Seller reasonable evidence that such default has occurred, then Clause 12.2 shall apply to the extent the same would have been applicable had such Supplier Item been listed in Exhibit F, Seller Service Life Policy, except that the Supplier’s service life policy period as indicated in the Supplier Product Support Agreement shall apply.
12.3.2.3 If pursuant to Clause 12.3.2.1 or 12.3.2.2, a defect in a Supplier Part is corrected by the Seller, then at the Seller’s request, the Buyer shall assign to the Seller, and the Seller shall be subrogated to, all of the Buyer’s rights against the relevant Supplier with respect to and arising by reason of such default and shall provide reasonable assistance, provided the same is at not more than deminimus out of pocket cost to the Buyer, to enable the Seller to enforce the rights so assigned. AVA - A320 Family PA AMENDED AND RESTATED
Supplier’s Default. 12.3.3.1 If, under a standard warranty, MTBUR guarantee or Service Life Insurance obtained by the Seller under the After-Sale Clauses of the General Conditions for the Procurement of Equipment, a Supplier fails to fulfil its obligations in respect of a material, workmanship or design defect in any accessory, equipment or part (other than the Engines, Cowlings, Accessories and Additional Engine Equipment) assembled on an Aircraft at the time of delivery, and provided that the Buyer furnishes the Seller with proof that such defect has appeared, the standard warranty and the MTBUR Guarantee or the Service Life Insurance, as applicable, set forth in Sections 12.1, 12.2 and 12.3.2 of the Agreement, will apply to the defect in question in the same way as if the accessory, equipment or part had been manufactured according to the detailed plans and/or the Specifications of the Seller, except with regard to the duration of the warranty, which will be the Supplier’s warranty period indicated in the Suppliers Product Support Agreement. At the Seller’s request, the Buyer will transfer all the rights to repair such defect arising from the above default to the Seller, which will then be subrogated towards the Supplier.
Supplier’s Default. (a) If the Supplier commits a substantial breach of this Contract, the Customer may, by hand or by registered post, give the Supplier a written notice to show cause.
(b) Substantial breaches include, but are not limited to:
(i) failure to:
(A) provide evidence of insurance;
(B) provide the goods required by this Contract;
(ii) knowingly providing documentary evidence containing an untrue statement.
Supplier’s Default. 12.3.2.1 If any Supplier under any warranty referred to in Clause 12.3.1 defaults in the performance of any material obligation under such warranty with respect to a Supplier Part, each Buyer has used its best efforts to enforce its rights under such warranty, and the Buyers submit reasonable evidence, within a reasonable time, that such default has occurred, then Clause 12.1 of this Agreement will apply to the extent it would have applied had such Supplier Part been a Warranted Part, to the extent the Seller can reasonably perform said Supplier's obligations, except that the Supplier's warranty period indicated in the applicable Supplier Product Support Agreement will apply.
Supplier’s Default. 12.3.2.1 [***]
12.3.2.2 [***]
12.3.2.3 [***]
Supplier’s Default. 8.1.1 Subject to the exception set out in Article 8.1.2 hereof, the contractual penalty under Article 2.
Supplier’s Default. 12.1. Supplier shall be in default of this Agreement if Supplier: (i) makes a general assignment for the benefit of creditors; (ii) files a voluntary petition for protection under the U.S Bankruptcy Code or has a receiver appointed for Supplier on account of its insolvency; (iii) fails to make any monetary payment within 5 days of receipt of written notice of failure to pay in accordance with the terms of the Contract Documents; or (iv) fails to perform any other obligation in accordance with the Contract Documents after being provided 30 days’ written notice of default and an opportunity to cure.
12.2. Upon Supplier’s default, Owner, without limiting or waiving any other rights which Owner may have at law or equity may immediately do any or all of the following without affecting price or schedule: (i) direct Supplier to stop Work on all or part of the Work until satisfactory corrective action has been taken; (ii) have others take corrective action necessary to achieve compliance with Contract Documents and deduct the cost of such corrective action by others from payments due Supplier; (iii) recover damages arising from Supplier’s default; (iv) suspend the Work; and/or (v) terminate the Agreement and/or Purchase Order for a Project pursuant to Section 13.1.
Supplier’s Default. If, during the Agreement Term, Supplier shall fail to perform any of its material obligations under this Agreement, which default shall continue for *** after written notice thereof by Client (or past the Salinity Cure Period under Section 5.3 hereof, if applicable), then Client, at its option, by written notice to Supplier may immediately terminate this Agreement. If the default however is of such nature that it cannot, with due diligence and adequate resources, be cured within ***, Client’s right to terminate shall be suspended during additional *** cure periods, up to a maximum of *** additional *** periods, as long as Supplier is diligently engaged with adequate resources in effecting a cure. At the time of termination of this Agreement by Client under this Section 13, Client shall pay Supplier for all services performed to the date of termination in accordance with Sections 3 and 4 hereof, and Supplier shall cease to provide water to Client and shall dismantle and remove the System from the Premises in accordance with Section 2.3 hereof at Supplier’s expense.
Supplier’s Default. 8.1.1 Subject to the exception set out in Article 8.1.2 hereof, the contractual penalty under Article 2.3.2 shall amount to 5% of the price of the delayed Goods or Service per each week of the delay. Such contractual penalties shall not exceed 20% of the price of the delayed Goods or Services.
8.1.2 In case the Supplier fails to comply with its obligations set forth in Article
Supplier’s Default. 12.3.2.1 […***…]