This excerpt taken from the EFJI 10-K filed Mar 3, 2005.
writing, then the non-defaulting Party may, at its sole option and election, (1) give written notice to the defaulting Party, and terminate this Agreement or the applicable Purchase Order relating to the Default or (2) suspend further performance under this Agreement, including but not limited to the delivery of any Product under any outstanding Purchase Order (thereby extending the applicable Delivery Date of each open Purchase Order by the number of days shipment is delayed due to the defaulting party's failure to cure). In the event of termination of this Agreement for a Supplier Default, Johnson shall not be liable to Supplier for payment of any amount other than for the value of any outstanding and unpaid Invoices, partial shipment of Products received, and the Stock required to fulfill the Twelve Month Forecast. Termination by either Party for Default that is not timely cured shall not prejudice any claim for damages or non-performance the non-defaulting Party would otherwise have against the defaulting Party. The rights and remedies of the non-defaulting Party set forth in this Article 8.4 are not exclusive and are in addition to all other rights and remedies of the non-defaulting Party.