if TI does not take back the defective parts or the parts which have been delivered in excess of the quantity ordered by the deadline designated by MMTh,or otherwise fails to follow the instructions given by MMTh in spite of the provision in paragraph 2 MMTh shall have the right to freely dispose of such parts as it chooses,including by destruction,sale or otherwise
in such case,TI shall be responsible for the expense incurred by MMTh for the disposal conducted at MMTh's discretion, and TI shall not make any objection to the time,method,or price by which of for which such parts are disposed of