PERFORMANCE DELAYS. (a) ▇▇▇▇▇▇ agrees not to give any other customer of Seller any priority over ▇▇▇▇▇, in the allocation of Seller’s production. (b) Timely delivery is essential; however, neither party shall be liable to the other for any delay or failure to perform where such delay or failure is caused by events beyond the control of the affected party. The foregoing shall be subject to the affected party giving reasonable notice to the other party. In the event of delay or failure to perform by Seller, Buyer may, without waiving its right to seek damages caused by the delay, either terminate this Order or reject any partial or future performance, without further liability of Buyer, upon written notice to Seller. Whenever Seller has knowledge of any actual or potential cause or event which delays or threatens to delay the timely performance of any Order, Seller shall immediately give Buyer written notice thereof, including all relevant information. Seller shall notify Buyer in writing of any actual or potential labor dispute delaying or threatening to delay timely performance of this Order. Seller shall notify Buyer in writing 6 months in advance of the expiration of any current labor contracts. Seller shall deliver a supply of finished goods at least 30 days prior to the expiration of any such labor contract, in quantities and for storage at sites designated by Buyer.
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Sources: Purchase Order, Purchase Order