Vendor Remedies Clause Samples

Vendor Remedies. Vendor specifically waives any and all claims, suits, actions, damages, liabilities or other remedies arising from or out of, or in any way related to or connected with the Vendor’s participation in the Market or the use by the Vendor or its agents, employees, or contractors, guests, or invitees of the Market. PDP provides no guarantee of results of event to Vendor.

Vendor Remedies. Incumbent hereby acknowledges that pursuant to the Encumbrances granted by PathNet to certain equipment vendors or service providers in accordance with SECTION 8.3.2, such vendors or providers shall have the right to assume and perform PathNet's rights and obligations under this Agreement and the other documents, instruments and agreements executed in connection hereto; provided that in no event shall PathNet be relieved of its obligations under this Agreement

Vendor Remedies. If any of the Owner Events of Default exists and is continuing, the Vendor may, without prejudice to any rights or remedies of the Vendor in this Agreement or at law or in equity (except as such legal or equitable remedies may be limited by this Agreement), terminate this Agreement (i) immediately upon the occurrence of any Owner Event of Default specified in clauses (a), (b), (c), (d) and (h) and (ii) after thirty (30) days prior written notice upon the occurrence of any other Owner Event of Default. All amounts owed by the Owner to the Vendor prior to any such termination shall be payable immediately upon termination. Notwithstanding anything set forth in this Agreement, immediately upon the occurrence of any Owner Event of Default the Vendor shall have the right, without any penalty or payment obligations, to suspend Vendor's performance with respect to manufacturing Products, to stop shipment of all Products subject to Delivery Orders, and to recall, if possible, all Products subject to unfulfilled or undelivered Delivery Orders.

Vendor Remedies. In case any of the foregoing conditions hereinbefore declared to be for the benefit of the Vendors and Principals and Callon shall not be ▇▇▇▇▇▇ied at the Time of Closing, the Vendors and Principals and Callon may: (▇) refuse to complete the transaction contemplated herein by notice to the Purchaser advising of such determination, with the Vendors entitled to receive the sum of $100,000 of the Deposit, together will all accrued interest on such funds, together with the issuance of such number of common shares of the Purchaser equal to $50,000 divided by the Weighted Average Price (to be free trading in the manner contemplated at paragraph 2.7 herein) as liquidated damages for the Vendors failure to satisfy such conditions, which amounts shall be released by the Agent in accordance with the its obligations as a stakeholder under the provisions of s. 59 of the Real Estate Act (British Columbia). In such event the Vendors, Principals and Callon shall be released from ▇▇▇ ▇bligations hereunder. The balance of the Deposit, being THREE HUNDRED THOUSAND Canadian Dollars (CDN $300,000), shall be released to the Purchaser upon confirmation by the Vendors of receipt of the shares of the Purchaser contemplated in this paragraph 7.15(a); or (b) complete the transaction contemplated herein, it being expressly understood and agreed that following such completion, the Vendors and Principals and Callon may rely, notwithstanding such completion, upon the representations, warranties, covenants and conditions contained in this Agreement. Provided that any of the said conditions may be waived in whole or in part by the Vendors and Principals and Callon without prejudice to their rights of rescission in the event of the non-fulfilment and/or non-performance of any other condition or conditions, any such waiver prior to the Time of Closing to be binding on the Vendors and Principals and Callon only if the same is in ▇▇▇▇▇ng.

Vendor Remedies. 23 8.4 Taxes.................................................................23 8.5 Security Interest in Initial System...................................24 8.6 Escrow of Manufacturer's Warranties...................................24 8.6.1 Escrow of Assignment Documents by Pathnet......................24 8.6.2 Removal of Assignment Documents by Incumbent...................24 8.7 FCC Licenses..........................................................25 SECTION 9. EXCESS CAPACITY MARKETING AND SALES.............................25 9.1 Exclusive Representative..............................................25

Vendor Remedies. If District defaults hereunder, Vendor may file a claim with District, in accordance with applicable provisions of law.