Supplier’s Remedies Clause Samples

The 'Supplier’s Remedies' clause defines the actions and recourse available to the supplier if the buyer breaches the contract or fails to fulfill their obligations. Typically, this clause outlines steps such as suspending deliveries, demanding payment, charging interest on overdue amounts, or even terminating the agreement in severe cases. By clearly specifying the supplier’s rights in the event of non-compliance, this clause helps protect the supplier’s interests and provides a structured process for addressing breaches, thereby reducing uncertainty and potential disputes.
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Supplier’s Remedies. In the event that Purchaser is in default pursuant to Section 14.3, and said default is not timely cured within the time periods set forth above, Supplier, in lieu of any rights and remedies that may be available to Supplier at law or in equity, shall have the right to terminate this Agreement by written notice to Purchaser, which termination shall be effective upon delivery of Supplier’s notice to Purchaser. Within three (3) Business Days of the effective date of such termination, Purchaser shall pay to Supplier the liquidated damages set forth on the termination schedule attached hereto as Exhibit G (“Termination Schedule”), which shall constitute Supplier’s exclusive remedy, and Supplier shall have no right to damages or compensation for such termination other than payment of the liquidated damages set forth on the Termination Schedule.
Supplier’s Remedies. In the event that Purchaser is in default pursuant to Section 14.3, and said default is not timely cured within the time periods set forth above, Supplier in addition to those rights and remedies that may be available to Supplier at law or in equity, shall have the right to terminate this Agreement by written notice to Purchaser, which termination shall be effective upon delivery of Supplier’s notice to Purchaser. In the event of such *****.
Supplier’s Remedies. Upon the occurrence of any Host Default and during its continuation, Supplier may exercise one or more of the following remedies: (a) terminate this Agreement; (b) suspend the provision of all Solar Services hereunder, including the O&M Work;‌ (c) remove the System from the premises in compliance with the conditions of Section 2.2; and (d) exercise any other remedy it may have at law or equity or under this Agreement, subject to the provisions of ARTICLE 12
Supplier’s Remedies. Should Company fail to initiate new Low Pressure Service for a Delivery Point pursuant to its obligations under Section 8.A above by the Low Pressure Conversion Date, (**) : (i) (**); (ii) (**); and (iii) (**).
Supplier’s Remedies. Without prejudice to any of the Supplier’s other remedies (and whether or not the Supplier has exercised any other right), if an Enforcement Event Occurs then at any time that Enforcement Event Occurs: a) by written notice to the Purchaser, the Supplier may cancel any outstanding contract or order with the Purchaser including, for the avoidance of doubt, the Supply Agreement or any installment; b) any moneys payable by the Purchaser to the Supplier whether due for payment or not shall become immediately due and payable; c) the Supplier reserves the right, and the Purchaser hereby irrevocably provides consent to the Supplier, to enter (whether forcibly or otherwise), by its employees or authorised agents, onto the Purchaser’s premises, or onto any premises where Goods owned by the Supplier are reasonably thought to be stored and repossess and subsequently resell such Goods; and d) The Supplier may appoint any persons to be a receiver of all or any of the Goods in addition to, and without limiting or affecting any other powers and authorities conferred on a receiver (whether under the Receiverships ▇▇▇ ▇▇▇▇ or at law or otherwise), a receiver has the power to do all things in relation to the Goods as if the receiver has absolute ownership of the Goods.
Supplier’s Remedies. In addition to the termination rights set forth under "Term" above: (a) Since unauthorized transfer of the Materials or information in them will substantially diminish the value to Supplier of the trade secrets and proprietary properties involved, if you commit a breach of any obligation related to confidentiality, nondisclosure, or return of Materials, or if such a breach is likely to occur, Supplier shall be entitled to equitable relief (including orders for specific performance and injunctions) as well as money damages. (b) The rights and remedies of Supplier set forth are not exclusive and are in addition to any of the rights and remedies provided by statute, at law, or in equity.
Supplier’s Remedies. The rates and charges set forth in each Order and SOW are established in reliance on the Service Term commitment made therein. If Customer cancels any Order or SOW during a Service Term commitment for any reason other than as provided in Section 5.1 above or in a particular schedule or exhibit, or in the event Supplier terminates an Order or SOW because of any reasons set forth in Section 5.1(b) or 5.2, then Customer agrees to pay to Supplier, within ten (10) days of such termination an amount equal to (a) one hundred percent (100%) of the Fees payable for the unexpired remainder of the Service Term, plus (b) any documented third party charges or expenses not covered by (a) above incurred by Supplier in respect of the terminated Order or SOW. The obligations of the Customer pertaining to any accrued but unpaid amounts arising out of this Agreement in relation to any one or all of the Products, including pursuant to Section 1 and this Section 5, shall survive any termination of this Agreement.
Supplier’s Remedies. The rates and charges set forth in each COF are established in reliance on the Service Term commitment made therein. If Customer cancels any of the Services or COF during a Service Term commitment for any reason other than as provided in Section 6.1 above or in a particular Service Schedule, or in the event Supplier terminates a COF because of any reasons set forth in Section 6.1 or 6.2, then Customer agrees to pay to Supplier, within ten (10) days of such termination: (i) an amount equal to the total of any and all waived installation charges as reflected on the terminated COF(s), (ii) an amount equal to one hundred percent (100%) of the Service Fees payable for the unexpired remainder of the first twelve (12) months of the Service Term plus, if applicable, fifty percent (50%) of the Service Fees payable for the unexpired remainder of months thirteen (13) through the end of the Service Term(s) of the terminated COF(s), plus (iii) any documented third party charges or expenses not covered by (i) and (ii) above incurred by Supplier in respect of the terminated COF (including any Local Loop charges). Customer acknowledges that the foregoing is a genuine and reasonable estimate of Supplier’s loss arising from such termination and constitutes liquidated damages and not a penalty. In addition, Customer shall be obligated to pay Supplier for any Services delivered to Customer up to the date of termination plus amounts set forth in this Section 6.3.

Related to Supplier’s Remedies

  • Buyer’s Remedies If the Closing has not occurred due to a breach by Seller in any material respect any of its obligations or representations or warranties contained in this Agreement, or if Seller fails to consummate this Agreement for any reason other than Buyer's default or the permitted termination of this Agreement by Seller or Buyer as herein expressly provided, Buyer shall be entitled, as its sole remedy, either (a) to terminate this Agreement and receive the return of the entire Deposit (including both the First Deposit and Second Deposit, and whether or not the Inspection Period was extended), which return shall operate to terminate this Agreement and release Seller from any and all liability hereunder, or (b) to enforce specific performance of Seller's obligation to execute the documents required to convey the Property to Buyer, it being understood and agreed that the remedy of specific performance shall not be available to enforce any other obligation of Seller hereunder. Buyer shall be deemed to have elected to terminate this Agreement (as provided in subsection (a) above) if Buyer fails to file a cause of action for specific performance against Seller on or before ninety (90) days after written notice of termination from Seller or ninety (90) days after the originally scheduled Closing Date, whichever shall occur first. If specific performance is not available due to the fact that Seller has conveyed the Property to a third party, then upon termination of this Agreement by Buyer, in addition to receiving the immediate return of the Deposit, anything in the Agreement contained to the contrary notwithstanding, Buyer shall also receive from Seller, upon demand, Buyer’s actual, documented out-of-pocket costs and expenses associated with conducting its due diligence related to the Property; provided, however, Seller’s maximum reimbursement liability with respect to the foregoing shall not exceed $300,000.00. The rights and remedies of this Article VI shall survive Closing or any termination of this Agreement. THE FOREGOING REMEDIES ARE IN ADDITION TO AND ARE NOT INTENDED TO LIMIT SELLER'S OR BUYER’S INDEMNITY OBLIGATIONS UNDER OTHER SECTIONS HEREOF.

  • Seller’s Remedies If Purchaser fails to perform its obligations pursuant to this Contract at or prior to Closing for any reason except failure by Seller to perform hereunder, or if prior to Closing any one or more of Purchaser's representations or warranties are breached in any material respect, and this failure or breach is not cured within three (3) Business Days after written notice from Seller to Purchaser (other than failure to close for any reason unrelated to a default by Seller, for which there shall be no notice or cure period), then Seller, as its SOLE and EXCLUSIVE remedy (except as provided in Sections 6(c) and 9), may (i) terminate this Contract and receive the ▇▇▇▇▇▇▇ Money as liquidated damages and not as penalty, in full satisfaction of claims against Purchaser hereunder, or (ii) waive Purchaser’s failure or breach and proceed to Closing. Seller and Purchaser agree that Seller's damages resulting from Purchaser's default are difficult, if not impossible, to determine, and the ▇▇▇▇▇▇▇ Money is a fair estimate of those damages and has been agreed to in an effort to cause the amount of damages to be certain. Notwithstanding anything in this Section 11(a) to the contrary, in the event of Purchaser's default or termination of this Contract, Seller shall have all remedies available at law or in equity if Purchaser or any party related to or affiliated with Purchaser is asserting any claims or right to the Property that would otherwise delay or prevent Seller from having clear, indefeasible and marketable title to the Property other than as a result of Purchaser’s exercise of its remedies under subsection (b) hereof. If Closing is consummated, then Seller shall have all remedies available at law or in equity if Purchaser fails to perform any post-closing obligation of Purchaser under this Contract.

  • Contractor’s Remedies If the State is in breach of any provision of this Contract and does not cure such breach, Contractor, following the notice and cure period in §14.B and the dispute resolution process in §16 shall have all remedies available at law and equity. If a Purchasing Entity is in breach of a provision of an Order, Contractor shall have all remedies available to it under that Order and available at law and equity.

  • City’s Remedies In addition to any other remedies the City may have upon Developer and/or Developer’s contractor for the failure to provide and maintain insurance or policy endorsements to the extent and within the time required, the City shall have the right, to order Developer to stop work, and/or withhold any payment(s), which become due until Developer and/or Developer’s contractor demonstrates compliance with the requirements.

  • CUSTOMER REMEDIES 5.1. If the Supplier (a) fails to deliver the Goods and/or the Goods do not comply with any of the undertakings or warranties set out in clause 2 and/or (b) fails to deliver and/or perform the Services in accordance with any of the warranties or undertakings contained in clause 4 and/or by the applicable date(s), the Customer shall, without limiting or affecting other rights or remedies available to it, have one or more of the following rights to: 5.1.1. terminate the Agreement with immediate effect by giving written notice to the Supplier; 5.1.2. reject the Goods (in whole or in part) whether or not title has passed and to return them to the Supplier at the Supplier’s own risk and expense; 5.1.3. require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected Goods; 5.1.4. require Supplier to re-perform, rectify or replace the affected Services and/or Deliverables; 5.1.5. refuse to accept any subsequent performance of the Services and/or delivery of the Goods which the Supplier attempts to make; 5.1.6. recover from the Supplier any costs incurred by the Customer in obtaining substitute goods and/or services from a third party; 5.1.7. require a refund from the Supplier of sums paid in advance for Services that the Supplier has not provided and/or Goods that it has not delivered; and 5.1.8. claim damages for any additional costs, loss or expenses incurred by the Customer which are in any way attributable to the Supplier’s breach. 5.2. Notwithstanding any other rights or remedies available to Customer if the Goods are not delivered by the applicable date, the Customer may, at its option, claim or deduct 3% of the price of the Goods for each week’s delay in delivery, up to a maximum of 15% of the total price of the Goods. In the event such delay continues for six (6) weeks or more, Customer may terminate the Agreement with immediate effect upon given Supplier written notice. 5.3. These Terms shall extend to any substituted or remedial services and/or repaired or replacement goods supplied by the Supplier. 5.4. The Customer’s rights under the Agreement are in addition to its rights and remedies implied by statute and common law.