All Customers Sample Clauses

All Customers. This Agreement shall not be governed by the 1980 UN Convention on Contracts for the International Sale of Goods. The parties hereby irrevocably waive any and all claims and defenses either might otherwise have in any action or proceeding in any of the applicable courts set forth in (a) or (b) above, based upon any alleged lack of personal jurisdiction, improper venue, forum non conveniens, or any similar claim or defense.
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All Customers. (a) The quality and reliability of your electricity supply and the quality, pressure and continuity of your gas supply is subject to a variety of factors that are beyond our control as your retailer, including accidents, emergencies, weather conditions, vandalism, system demand, the technical limitations of the distribution system and the acts of other persons (such as your distributor), including at the direction of a relevant authority. (b) To the extent permitted by law, we give no condition, warranty or undertaking, and we make no representation to you, about the condition or suitability of energy, its quality, fitness for purpose or safety, other than those set out in this contract. (c) Unless we have acted in bad faith or negligently, the National Energy Retail Law excludes our liability for any loss or damage you suffer as a result of the total or partial failure to supply energy to your premises, which includes any loss or damage you suffer as a result of the defective supply of energy.
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All Customers. 3.3.1 If we provide any services to you in addition to those Services specified in the Agreement and for which any charge, fees or additional fees are payable, we shall do so subject to these |Conditions (and any other standard terms applicable to those services as may be amended or replaced from time to time) and are payable at our standard rates from time to time 3.3.2 We reserve the right to review and (at our discretion) increase our fees, including without limitation our standard charges, list prices, or any rates set out in the Agreement for our Services (and accordingly the levels of our fees and Additional Fees and our other charges payable by you) at any time upon not less than 30 days written notice to you, to the extent necessary to reflect changes to the costs charged to us by our third party suppliers,. 3.3.3 HPI further reserves the right to review (and at our discretion) increase our fees, including without limitation our standard charges, list prices and Additional Fees and our other charges payable by you including adding charges to our price lists for additional or new services that we may offer to you or you may request from us including without limitation charges for paper invoices, non-payment by DDM and charges to postal certificates on giving you 1 month prior written notice at any time. 3.3.4 Unless otherwise agreed by us i writing, all our charges and any other sums payable by you under the Agreement are due (without any set-off or other deduction) within 30 days of the date of our invoices. If you have elected to pay our charges by direct debit, we will deduct any amounts specified in our invoices to you on the dates specified for payment in the relevant invoices. 3.3.5 If payment of any of our charges, fees or Additional Fees is not made on the due date, we shall be entitled, without limiting any other rights we may have, to charge you interest (both before and after any judgement) on unpaid sums at the rate of 3% per annum above the Barclays Bank plc base rate from time to time accruing on a daily basis from the due date until full payment in cleared funds is made. 3.3.6 All our charges, fees and Additional Fees are exclusive of any Value Added Tax, for which you shall be additionally liable at the applicable rate from time to time.
Sample 1
All Customers. Customer agrees to pay all invoiced amounts within 30 days of the date of such invoice. If any of Customer's invoices remain unpaid for more than 45 days, then, in addition to any other rights or remedies GoDocs may have under the Customer Contract or by matter of law: (a) Customer shall pay a late charge of 10% of the invoiced amount; (b) GoDocs may deny access to the GoDocs Software and refuse further Orders; and (c) GoDocs may immediately terminate the Customer Contract. If any check or electronic payment to GoDocs is dishonored for any reason, then, in addition to any other charges or remedies, Customer shall pay to GoDocs a returned item fee of $100 for each such event.
Sample 1
All Customers. Past due invoices and/or payments shall accrue interest from the original due date until paid in full (including any applicable interest previously accrued thereon) at the lesser rate of (i) 1.5% per month of the past due balance, and (ii) the highest rate allowed by applicable law. Without limiting SNC’s other remedies, Customer agrees to pay all SNC costs incurred in connection with collection of amounts owed to SNC including, without limitation, collection agency fees, court costs and reasonable attorney’s fees. SNC reserves the right to suspend performance during all times that any Customer account remains past due.
Sample 1
All Customers. Termination of the Customer Contract for any reason shall terminate Customer's right to access and use the GoDocs Services, including, without limitation, the GoDocs Software, but otherwise, all terms, conditions, covenants, obligations, and agreements of Customer, Lender, and GoDocs that by their nature should survive (including, without limitation, section F, Q, and Y of these Terms) shall survive such termination, and shall continue to govern all GoDocs Services requested by or provided to Customer and Lender prior to termination.
Sample 1
All Customers. To restrict the Recipient from engaging in business with all of the Owner’s Customers, mark the checkbox corresponding to the “All Customers” statement.
Sample 1
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Related to All Customers

  • Customers and Suppliers (a) As of the date hereof: (i) Company has no material outstanding dispute in excess of $50,000 that has been communicated orally or in writing, concerning its business operations, including any Company Technology (as defined in Section 3.1.20) or services with any distributor or customer who, in the 24 months ended as of the date of this Agreement, was one of the 20 largest sources of revenues recognized under GAAP for Company during such period (each, a “Significant Customer”); (ii) Section 3.1.16(a) of the Company Disclosure Schedule lists each Significant Customer and the percentage of Company’s total revenues such Significant Customer represented during such period; (iii) Company has not received any oral or written notice from any Significant Customer that such Significant Customer will not continue as a customer or distributor of Surviving Corporation after Closing or that such distributor or customer intends to terminate or materially modify existing agreements with Company or Surviving Corporation; and (iv) no purchaser, reseller, or distributor of Company’s services has asserted any claims of breach of warranty in excess of $5,000 with regard to such services nor does Company have any indemnity liability for any such services to purchasers, resellers, or distributors. To Company’s knowledge, Company could not reasonably be expected as a result of warranty or liability claims against it to be required to modify in any material respect any of Company’s services that are material to Company. (b) As of the date hereof: (i) Company has no material outstanding dispute in excess of $50,000 that has been communicated orally or in writing, concerning technology, products, or services provided by any supplier who, in the 24 months ended as of the date of this Agreement, was (a) one of the ten largest suppliers of technology, products, or services to Company, based on amounts paid or payable, or (b) provided third-party software used in connection with any Company Technology, products, or services during such period (each, a “Significant Supplier”); (ii) Section 3.1.16(b) of the Company Disclosure Schedule lists each Significant Supplier; and (iii) Company has not received any oral or written notice from any Significant Supplier that such supplier will not continue as a supplier to the Surviving Corporation after the Closing or that such supplier intends to terminate or materially modify existing agreements with Company or the Surviving Corporation. (c) To Company’s knowledge no supplier, distributor, or customer has any interest in any real or personal, tangible or intangible property, including Company Owned Intellectual Property (as defined in Section 3.1.20(a)(ii)), used in or pertaining to the business of Company.

  • Customers (a) Not later than thirty (30) calendar days nor earlier than sixty (60) calendar days prior to the Closing Date (except as otherwise required by applicable law): (i) Seller will notify the holders of Deposits to be transferred on the Closing Date that, subject to the terms and conditions of this Agreement, Purchaser will be assuming liability for such Deposits; and (ii) each of Seller and Purchaser shall provide, or join in providing where appropriate, all notices to customers of the Branches and other Persons that either Seller or Purchaser, as the case may be, is required to give under applicable law or the terms of any other agreement between Seller and any customer in connection with the transactions contemplated hereby; provided that Seller and Purchaser agree that any joint notices shall not include any dual-branded letters but instead shall include individual bank inserts for each of Seller and Purchaser. A party proposing to send or publish any notice or communication pursuant to this Section 4.2 shall furnish to the other party a copy of the proposed form of such notice or communication at least five (5) Business Days in advance of the proposed date of the first mailing, posting, or other dissemination thereof to customers, and shall not unreasonably refuse to amend such notice to incorporate any changes that the other such party proposes as necessary to comply with applicable law. Seller shall have the right to add customer transition information to any customer notifications to be sent by Purchaser pursuant to this Section 4.2 and such information may, at Seller’s option, be included either directly in Purchaser’s notification or in an additional insert that shall accompany the applicable Purchaser notification. Any customer notifications sent by Purchaser pursuant to this Section 4.2 shall only include the last four digits of any account number of Seller. All costs and expenses of any notice or communication sent or published by Purchaser or Seller shall be the responsibility of the party sending such notice or communication and all costs and expenses of any joint notice or communication shall be shared equally by Seller and Purchaser. As soon as reasonably practicable and in any event within forty-five (45) calendar days after the date hereof, Seller shall provide to Purchaser a report of the names and addresses of the owners of the Deposits, the borrowers on the Loans and the lessees of the safe deposit boxes as of a recent date hereof in connection with the mailing of such materials and Seller shall provide updates to such report at reasonable intervals thereafter upon the reasonable request of Purchaser from time to time. No communications by Purchaser, and no communications by Seller outside the ordinary course of business, to any such owners, borrowers, customers or lessees as such shall be made prior to the Closing Date except as provided in this Agreement or otherwise agreed to by the parties in writing. (b) Following the giving of any notice described in paragraph (a) above, Purchaser and Seller shall deliver to each new customer at any of the Branches such notice or notices as may be reasonably necessary to notify such new customers of Purchaser’s pending assumption of liability for the Deposits and to comply with applicable law. (c) Neither Purchaser nor Seller shall object to the use, by depositors of the Deposits, of payment orders or cashier’s checks issued to or ordered by such depositors on or prior to the Closing Date, which payment orders bear the name, or any logo, trademark, service xxxx or the proprietary xxxx of Seller or any of its Affiliates. (d) Seller shall notify Deposit account customers and Loan account customers that, upon the expiration of a post-Closing processing period, which shall be sixty (60) calendar days after the Closing Date, any Items that are drawn on Seller shall not thereafter be honored by Seller. Such notice shall be given by delivering written instructions to such effect to such Deposit account customers and Loan account customers in accordance with this Section 4.2.

  • Customer The agency or eligible user that purchases commodities or contractual services pursuant to the Contract.

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