TERMINATION OF ORDERS. SWCO, prior to delivery, may terminate any Order, or portion thereof, except for the Initial Order. In the event SWCO terminates an Order or portion thereof, the following table will determine termination charges for undelivered Product. No termination charge shall apply to Software not delivered or Related Services not performed. Time of Cancellation Prior to Maximum Termination Charge Requested Delivery Date (% of Price) [***] Before Supplier applies these cancellation charges it will take into consideration Supplier's ability to recommit such Product toward the fulfillment of order(s) from other customers; and Supplier agrees to use every reasonable effort to recommit such equipment.
Appears in 3 contracts
Sources: General Purchasing Agreement (Metawave Communications Corp), General Purchasing Agreement (Metawave Communications Corp), General Purchasing Agreement (Metawave Communications Corp)