Common use of THIRD PARTY ACTION NOTIFICATION Clause in Contracts

THIRD PARTY ACTION NOTIFICATION. Seller shall notify ITS and Purchaser in writing within five (5) business days of Seller filing bankruptcy, reorganization, liquidation or receivership proceedings or within five (5) business days of its receipt of notification of any action or suit being filed or any claim being made against Seller or Purchaser by any entity that may result in litigation related in any way to the supplemental agreement and/or purchase order or this EPL Agreement and/or which may affect the Seller’s performance under the supplemental agreement and/or purchase order or this EPL Agreement. Failure of the Seller to provide such written notice to ITS and Purchaser shall be considered a material breach of the supplemental agreement and/or purchase order and this EPL Agreement and the State may, at its sole discretion, pursue its rights as set forth in the Termination Article herein and any other rights and remedies it may have at law or in equity.

THIRD PARTY ACTION NOTIFICATION. Seller shall notify ITS and Purchaser in writing within five (5) business days of Seller filing bankruptcy, reorganization, liquidation or receivership proceedings or within five (5) business days of its receipt of notification of any action or suit being filed or any claim being made against Seller or Purchaser by any entity that may result in litigation related in any way to the supplemental agreement and/or supplement/purchase order or this EPL Agreement and/or which may affect the Seller’s performance under the supplemental agreement and/or supplement/purchase order or this EPL Agreement. Failure of the Seller to provide such written notice to ITS and Purchaser shall be considered a material breach of the supplemental agreement and/or supplement/purchase order and this EPL Agreement and the State may, at its sole discretion, pursue its rights as set forth in the Termination Article herein and any other rights and remedies it may have at law or in equity.

THIRD PARTY ACTION NOTIFICATION. Seller shall notify ITS and Purchaser the State in writing within five (5) business days of Seller filing bankruptcy, reorganization, liquidation or receivership proceedings or within five (5) business days of its receipt of notification of any action or suit being filed or any claim being made against Seller or Purchaser by any entity that may result in litigation related in any way to the supplemental agreement and/or a supplement/purchase order or this EPL Agreement and/or which may affect the Seller’s performance under the supplemental agreement and/or supplement/purchase order or this EPL Agreement. Failure of the Seller to provide such written notice to ITS and Purchaser the State shall be considered a material breach of the supplemental agreement and/or supplement/purchase order and this EPL Agreement and the State may, at its sole discretion, pursue its rights as set forth in the Termination Article herein and any other rights and remedies it may have at law or in equity.

THIRD PARTY ACTION NOTIFICATION. Seller shall notify ITS and Purchaser in writing within five (5) business days of Seller filing bankruptcy, reorganization, liquidation or receivership proceedings or within five (5) business days of its receipt of notification of any action or suit being filed or any claim being made against Seller or Purchaser by any entity that may result in litigation related in any way to the supplemental agreement and/or purchase order or this EPL Agreement and/or which may affect the Seller’s performance under the supplemental agreement and/or purchase order or this EPL Agreement. Failure of the Seller to provide such written notice to ITS and Purchaser shall be considered a material breach of the supplemental agreement and/or purchase order and this EPL Agreement and the State Purchaser may, at its sole discretion, pursue its rights as set forth in the Termination Article herein and any other rights and remedies it may have at law or in equity.

THIRD PARTY ACTION NOTIFICATION. Seller shall notify ITS and Purchaser in writing within five (5) business days of Seller filing bankruptcy, reorganization, liquidation or receivership proceedings or within five (5) business days of its receipt of notification of any action or suit being filed or any claim being made against Seller or Purchaser by any entity that may result in litigation related in any way to the supplemental agreement and/or supplement/purchase order or this EPL EPO Agreement and/or which may affect the Seller’s performance under the supplemental agreement and/or supplement/purchase order or this EPL EPO Agreement. Failure of the Seller to provide such written notice to ITS and Purchaser shall be considered a material breach of the supplemental agreement and/or supplement/purchase order and this EPL EPO Agreement and the State may, at its sole discretion, pursue its rights as set forth in the Termination Article herein and any other rights and remedies it may have at law or in equity.

THIRD PARTY ACTION NOTIFICATION. Seller shall notify Purchaser and ITS and Purchaser in writing within five (5) business days of Seller filing bankruptcy, reorganization, liquidation or receivership proceedings or within five (5) business days of its receipt of notification of any action or suit being filed or any claim being made against Seller or Purchaser by any entity that may result in litigation related in any way to the supplemental agreement and/or supplement/purchase order or this EPL Master Agreement and/or which may affect the Seller’s performance under the supplemental agreement and/or supplement/purchase order or and this EPL Master Agreement. Failure of the Seller to provide such written notice to Purchaser and ITS and Purchaser shall be considered a material breach of the supplemental agreement and/or purchase order and this EPL Master Agreement and the State Purchaser and ITS may, at its their sole discretion, pursue its their rights as set forth in the Termination Article herein and any other rights and remedies it they may have at law or in equity.