Purchase Orders. Supplier shall deliver Hemp Extracts in accordance with the quantities, delivery dates, and delivery location specified in written and signed purchase orders delivered by Buyer or its affiliates ("Purchase Orders"). Supplier shall use commercially reasonable efforts to deliver Hemp Extracts to Buyer based upon the delivery dates set forth in any Purchase Order. Buyer shall have the right to cancel any unshipped portion of a Purchase Order, in whole or in part, at any time until shipment, in which event Buyer shall be liable to Supplier for the actual amount of Supplier's reasonable costs incurred in contemplation of performance of the canceled portion, less any amount saved by Supplier as a result of such cancellation.
Purchase Orders.Guaranty of Supply. In the event the Supplier shall deliveris unable or otherwise fails or will fail, for any reason (including an event of force majeure) to supply the Hemp Extracts in accordance with the quantities,quantities and/or delivery dates, and delivery locationdates specified in written and signed purchase orders delivered by Buyer or its affiliates ("in a Purchase Orders").Order, the Supplier shall promptly inform Buyer verbally with a confirmation in writing. If Supplier is able to supply some but not all of Buyer's orders for the Hemp Extracts, then Supplier shall supply such partial quantities of the Hemp Extracts. Supplier will use commercially reasonable efforts to deliversource Hemp Extracts from third parties to be delivered to Buyer, provided such Hemp Extracts conforms to the Buyer’s Specifications. Alternatively, Buyer based upon the delivery dates set forth in any Purchase Order. Buyermay elect and shall have the sole right to cancelobtain Hemp Extracts itself from another supplier. If Supplier is unable to provide any unshipped portionreplacement Hemp Extracts or if Buyer elects to obtain Hemp Extracts from a different supplier but only to the extent of afulfilling the Purchase Order,Order for which Supplier was unable to meet the Purchase Order requirements. In such event, this Agreement shall remain in whole or in part, at any time until shipment, in which event Buyerfull force and effect and the Supplier shall not be liable to Supplierthe Buyer for any additional costs, damages or fees of any kind in connection with the actual amountBuyer seeking an alternative source of Supplier's reasonable costs incurred in contemplation of performance of the canceled portion, less any amount saved by Supplier as a result of such cancellation.supply.
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