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without regard to the availability of the material in the market), to meet the requirements of this contract. In the event of any of the foregoing occurrences delivery may, at Seller’s option, be deferred so long as the condition prevents or delays its completion. If Seller elects to do, Seller will, within a reasonable time after termination of the occurrence, ship and Buyer will accept, delivery in regular course without liability for the delay.

ALL WARRANTIES EXPRESSED OR IMPLIED, AND WHETHER OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR OTHERWISE, ARE EXCLUDED.

Buyer grants Seller a security interest in the material. Buyer authorizes Seller to sign and file a financing statement to perfect Seller’s security interest in the material. Upon default and at Seller’s request, Buyer will assemble and deliver the materials to Seller as specified by Seller. The security interest extends to proceeds and products of the material.

The following events shall be events of default by the Buyer: Failure to pay in full at maturity any indebtedness under this or any other contract between the parties, insolvency of bankruptcy of the Buyer, Buyer’s inability to perform this or any other contract between the parties. In case of an event of default Seller may, at its option, treat the event of default as a material breach and resort to any or all of its remedies under the Uniform Commercial Code.

Buyer shall not claim Seller for consequential damages, including, without limitation, loss of profits, overhead downtime costs of plant or equipment, activities dependent upon delivery of the material of the material itself, or claims of customers.

No amendment or modification of this contract shall be valid

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