Common use of TERMINATION OF PURCHASE ORDERS Clause in Contracts

TERMINATION OF PURCHASE ORDERS. In the event that Lucent: (a) Fails to correct the failure of a Deliverable to comply with a representation, warranty or covenant as set forth in this Agreement; (b) Fails to achieve Acceptance with respect to a Lucent Product as set forth in Section 7.2; or (c) Fails to make delivery in a timely fashion as set forth in Section 4.3(d) or 1.1(b); Then WinStar may, by giving written notice to Lucent, terminate the corresponding Purchase Order, in whole or in part, for cause as of a date specified in the notice of termination. In such event, WinStar may return any associated Deliverables (if delivered) to Lucent, in which case Lucent shall promptly refund (in the form of a credit for future purchases) to WinStar all charges paid by WinStar to Lucent for such Deliverables, and WinStar shall have no further payment obligations to Lucent with respect to such Deliverables.