Rescheduling Changes Cancellations Clause Samples

Rescheduling Changes Cancellations. ACN may reschedule (no more than once per line item) or cancel the applicable part of an accepted order only in accordance with the following: (i) if, for reason other than an event of force majeure or the actions or omissions of ACN or its agents, a delay in the scheduled shipping date for the products ordered exceeds or will exceed thirty (30) days, or (ii) upon ACN’s written notice to Seller, received by Seller prior to the originally scheduled shipment date by a period greater than the current lead time for the product plus thirty days. Any rescheduling which results in a delay in shipment by more than ninety days from the originally requested shipment date may, at Seller’s option, be deemed a cancellation by ACN. Any cancellation or rescheduling of an accepted Purchase Order by ACN other than as expressly authorized above (other than for Seller’s default) shall be subject to the payment of an equitable cancellation charge including, without limitation, any unearned pricing adjustment and uniquely incurred costs for such order. Such cancellation charge shall be determined based upon the work completed and commitments incurred in good faith prior to such cancellation and Seller’s current price to ACN for the applicable products. At ACN’s request and at least fifteen (15) business days prior to payment of any cancellation charge, Seller will document all amounts it reasonably believes should be incorporated into any cancellation charge. If ACN reasonably disputes the cancellation charge amounts, the parties will utilize the remedy available in Section 23.8.1 hereof. Upon receipt of notice of such termination, Seller will use commercially reasonable efforts to terminate work in progress and/or to divert such products to other customers. In no event shall such cancellation or rescheduling charge exceed the full contract price for the products so canceled or rescheduled by ACN. ACN shall be entitled to receive any Products to the extent payment in full has been made to Seller for the same.