BREACH AND CONSEQUENCES Sample Clauses

BREACH AND CONSEQUENCES. 13.1 You acknowledge and agree that in the event you commit a breach (as may be determined by the Company in its sole discretion) of any of the terms of the Agreement, or the Company in its sole discretion determines that your continued access to the Services is prejudicial, other users or public interest, the Company may take any one or more of the following steps: a). Suspend or delete your Account(s), b). Bar you from using or accessing the Services in the future, c). Forfeit any Cash Balance(s) associated with your Account(s),
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BREACH AND CONSEQUENCES. 13.1 If the Subscriber or its authorised agent, which includes an insurer, employer or bank: 13.1.1 fails to pay any amount under this Contract on due date; or 13.1.2 fails to carry out or perform any of its contractual obligations or breaches any term or condition of this Contract; or 13.1.3 in Netstar’s reasonable opinion raises false alarms or abuses the Netstar Service, (referred to as “the breach”); then Netstar may immediately suspend the Netstar Service and provide the Subscriber with a written notice requiring it to rectify the breach within 20 (twenty) Business Days of the date of such notice. 13.2 Where the Subscriber fails to rectify the breach within the 20 (twenty) Business Day period, Netstar will thereafter have the right to immediately terminate the Contract, without notice to the Subscriber, which termination shall be without prejudice to any rights which Netstar may then have in law, including: 13.2.1 where the Initial Period of the Contract has not expired, the right to claim from the Subscriber an early termination fee reasonably calculated by Netstar; 13.2.2 where the Initial Period of the Contract has not expired, the right to immediately remove and recover ownership and possession of the Netstar Unit from the Vehicle, at the Subscriber’s risk and expense; 13.2.3 the right to demand from the Subscriber, all amounts payable, by the Subscriber to Netstar under the Contract; and 13.2.4 the right to claim any other damages from the Subscriber, which it may have incurred in law in consequence of the Subscriber’s breach. 13.3 Where Netstar breaches any material term of the Contract, the Subscriber has the right to send Netstar a written notice requiring Netstar to rectify the breach within 20 (twenty) Business Days of receipt of such notice. 13.4 Where Netstar fails to rectify the breach within the 20 (twenty) Business Day period, the Subscriber will thereafter have the right to immediately terminate the Contract, on written notice to Netstar which termination will be without prejudice to any rights which the Subscriber may have in law, including the right to claim damages from Netstar which it may have incurred in consequence of Netstar’s breach. 13.5 Where the Subscriber cancels the Contract during the Initial Period in terms of clause 13.3, the Subscriber will still be liable to pay Netstar an early termination fee and Netstar will have the right to immediately remove and recover ownership and possession of the Netstar Unit from the Vehi...
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BREACH AND CONSEQUENCES. 13.1 You acknowledge and agree that in the event you commit a breach (as may be determined by the Company in its sole discretion) of any of the terms of the Agreement, or the Company in its sole discretion determines that your continued access to the Services is prejudicial to the Company, other users or the public interest, the Company may take any one or more of the following steps: a. Suspend or delete your Account(s), b. Bar you from using or accessing the Services in the future, c. Freeze, seize or forfeit any Cash Balance(s) associated with your Account(s), d. Impose restrictions upon your ability to play certain types of Games, e. Report any suspicious or potentially illegal activity to legal or governmental authorities, and to entities including banks, payment gateways, processors, or other financial institutions or intermediaries. 13.2 Any such actions as enumerated above which may be taken by the Company would be without prejudice to any other legal or equitable rights/remedies available to the Company.
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BREACH AND CONSEQUENCES. 10.1 If the Subscriber: 10.1.1 fails to pay any amount under this Contract on the due date; or 10.1.2 fails to carry out or perform any of its contractual obligations or breaches any term or condition of this Contract; or 10.1.3 in Netstar’s reasonable opinion raises false alarms or abuses the Netstar Service; then Netstar may immediately suspend the Netstar Service and provide the Subscriber with written notice requiring it to rectify the breach within 7 (seven) Business Days of the date of such notice failing which Netstar will thereafter have the right to immediately terminate the Contract, without further notice to the Subscriber.
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BREACH AND CONSEQUENCES. Without prejudice to the right to terminate this MOU in the event of breach by either party to this MOU , the other party (the aggrieved party) shall be entitled to specific performance of the contract and also
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BREACH AND CONSEQUENCES. 10.1 If the Subscriber:- 10.1.1 fails to pay any amount under this Contract on the due date; or 10.1.2 fails to carry out or perform any of its contractual obligations or breaches any term or condition of this Contract; or 10.1.3 in Netstar’s reasonable opinion raises false alarms or abuses the Netstar Service; then Netstar may immediately suspend its obligations under this Contract or simultaneously therewith or thereafter terminate this Contract without notice to the Subscriber. 10.2 Any suspension or termination will be without prejudice to any other rights, which Netstar may then have in law, including: 10.2.1 the right to claim from the Subscriber an early termination fee, where the Contract is terminated within the Initial Period; 10.2.2 the right to immediately remove and recover ownership and possession of the Equipment from the Vehicle, at the Subscriber’s risk and expense where the Contract is terminated within the Initial Period; 10.2.3 the right to demand from the Subscriber, all amounts payable, by the Subscriber to Netstar under the Contract; or 10.2.4 the right to claim any other damages from the Subscriber, which it may have incurred in law in consequence of the Subscriber’s breach. 10.3 Upon termination of this Contract for any reason all amounts payable by the Subscriber to Netstar will become due and payable and where the Contract is terminated prior to the expiry of the Initial Period, the Subscriber shall also be liable to pay an early termination fee as set out in clause 10.2.1. 10.4 Where Netstar has to remove the Equipment in terms of this clause, the Subscriber shall do all things reasonably necessary to enable Netstar’s authorised representative to remove the Equipment from the Vehicle. 10.5 Where Netstar has to use the services of a debt collector or attorney to successfully enforce any provisions of the Contract, then the Subscriber shall bear the costs incurred by Netstar, including legal fees, on an attorney and client basis.
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BREACH AND CONSEQUENCES. 16.1. In the event of breach of any of the Terms being evidenced from Our investigation or if there is reasonable belief, in Our sole discretion, that Your participation in the Services or Games is detrimental to the interests of Puppys003, our other Users or the general public, We may, at Our sole discretion, take any or all of the following actions: 16.1.1. Restrict Users suspected of colluding or cheating from participating in the Services or Games. 16.1.2. Permanently suspend and terminate Your right to participate in the Services or Games. 16.1.3. Demand damages for breach and take appropriate civil action to recover such damages; and/or 16.1.4. Initiate prosecution for violations that amount to offences in law. 16.1.5. Read, preserve, and disclose any information as it reasonably believed is necessary to satisfy any applicable law, regulation, legal process or governmental request, enforce the Terms, including investigation of potential breach hereof, detect, prevent, or otherwise address fraud, security or technical issues, or to protect its rights, property or safety, its Users and third parties. 16.2. Additionally, in the event of any breach hereof, while accessing or using the Services: access, tamper with, or use non-public areas of the Services, Puppys003‟s computer systems, or the technical delivery systems of Puppys003‟s providers; probe, scan, crack, track and/or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures; access or search or attempt to access or search the Services by any means (automated or otherwise) other than through the currently available, published interfaces provided and only pursuant to these Terms, forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services 16.3. Furthermore, We reserve the right to bar You from future participation in the Services or Games on the breach of these Terms and Game rules provided respectively. The decision of Puppys003 on the action to be taken as a consequence of breach shall be final...
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BREACH AND CONSEQUENCES. 11.1 If the Subscriber or its authorised agent, which includes an insurer, employer or bank: 11.1. 1fails to pay any amount under this Contract on due date; or 11.1. 2fails to carry out or perform any of its contractual obligations or breaches any term or condition of this Contract; or 12.1. 3in Netstar’s reasonable opinion raises false alarms or abuses the Netstar Service, (referred to as “the breach”); then Netstar may immediately suspend the Netstar Service and provide the Subscriber with a written notice requiring it to rectify the breach within 20 (twenty) Business Days of the date of such notice. 11.2 Where the Subscriber fails to rectify the breach within the 20 (twenty) Business Day period, Netstar shall thereafter have the right to immediately terminate the Contract, without notice to the Subscriber, which termination shall be without prejudice to any rights which Netstar may then have in law, including:
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Related to BREACH AND CONSEQUENCES

  • Payment of Damages The indemnification required hereunder shall be made by periodic payments of the amount thereof during the course of the investigation or defense, within 10 days as and when reasonably specific bills are received or loss, liability, claim, damage or expense is incurred and reasonable evidence thereof is delivered. In calculating any amount to be paid by an indemnifying party by reason of the provisions of this Agreement, the amount shall be reduced by all reimbursements (including, without limitation, insurance proceeds) credited to or received by the other party related to the Damages.

  • Liability for Incidental and Consequential Damages Contractor shall be responsible for incidental and consequential damages resulting in whole or in part from Contractor’s acts or omissions.

  • Incidental and Consequential Damages Contractor shall be responsible for incidental and consequential damages resulting in whole or in part from Contractor’s acts or omissions. Nothing in this Agreement shall constitute a waiver or limitation of any rights that City may have under applicable law.

  • Exclusion of Consequential and Related Damages IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

  • Breach and Remedies If Seller discovers or is notified of a security breach or potential security breach based on the restrictions contained in this article (“Security Breach”), Seller immediately shall: (i) cease access to any Proprietary Information and Materials that are the subject of the Security Breach and shall not review any Unauthorized Proprietary Information and Materials; (ii) provide notice to Buyer, including notice of the materials involved in the Security Breach, by sending notice to xxxxx@xxxxxx.xxx and to Buyer’s Authorized Procurement Representative for this Contract; and (iii) assist Xxxxx in investigating, remedying, and taking any other action Buyer deems necessary to address such Security Breach, including related to any dispute, inquiry, or claim related to such Security Breach. Seller agrees to permit Buyer to review its security control procedures and practices via physical or electronic access by Buyer, including access to Seller facilities in which such systems are located, as well as any and all premises where maintenance, storage or backup activities are performed. Any material breach of this article by Seller may be considered a default for which Buyer may suspend Electronic Access and/or cancel this Contract, and any other contracts between Buyer and Seller, in accordance with the "Cancellation for Default" article of this Contract. Further, Seller acknowledges that any attempts by Seller or any Seller Personnel to circumvent any security measures designed to prevent unauthorized access to the Boeing Systems may be subject to criminal or civil penalties under the U.S. Federal Computer Fraud and Abuse Act and other applicable laws and regulations.

  • Mitigation of Damages The Executive will not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise. Except as otherwise specifically provided in this Agreement, the amount of any payment provided for under this Agreement will not be reduced by any compensation earned by the Executive as the result of self-employment or employment by another employer or otherwise.

  • Breach and Default 7.6.1 No Breach of this Agreement shall exist where such failure to discharge an obligation (other than the payment of money) is the result of a Force Majeure event or the result of an act or omission of the other Parties. Upon a Breach, the non-breaching Party shall give written notice of such Breach to the Breaching Party. Except as provided in article 7.6.2, the Breaching Party shall have 60 calendar days from receipt of the Breach notice within which to cure such Breach; provided however, if such Breach is not capable of cure within 60 calendar days, the Breaching Party shall commence such cure within 20 calendar days after notice and continuously and diligently complete such cure within six months from receipt of the Breach notice; and, if cured within such time, the Breach specified in such notice shall cease to exist. 7.6.2 If a Breach is not cured as provided in this article, or if a Breach is not capable of being cured within the period provided for herein, a Default shall exist and the non-defaulting Parties acting together shall thereafter have the right to terminate this Agreement, in accordance with article 3.3 hereof, by written notice to the Defaulting Party at any time until cure occurs, and be relieved of any further obligation hereunder and, whether or not those Parties terminate this Agreement, to recover from the Defaulting Party all amounts due hereunder, plus all other damages and remedies to which they are entitled at law or in equity. The provisions of this article shall survive termination of this Agreement. 7.6.3 In cases where the Interconnection Customer has elected to proceed under Section 32.3.5.3 of the SGIP, if the Interconnection Request is withdrawn or deemed withdrawn pursuant to the SGIP during the term of this Agreement, this Agreement shall terminate.

  • Exclusion of Consequential Damages ‌ Notwithstanding anything contained herein to the contrary, neither Party will be liable under this Agreement or under any cause of action relating to the subject matter of this Agreement for any special, indirect, incidental, punitive, exemplary or consequential damages, including loss of profits, loss of use of any property or claims of customers or contractors of the Parties for any such damages.

  • BREACH AND DEFAULT PROVISIONS ‌ A. Stipulated Penalties OIG may assess:‌‌ 1. A Stipulated Penalty of up to $1,000 for each day Align fails to comply with Section III.A;‌ 2. A Stipulated Penalty of up to $1,000 for each day Align fails to comply with Section III.B;‌ 3. A Stipulated Penalty of up to $1,000 for each day Align fails to comply with Section III.C;‌ 4. A Stipulated Penalty of up to $1,000 for each day Align fails to comply with Section III.D;‌ 5. A Stipulated Penalty of up to $1,000 for each day Align fails to comply with Section III.E;‌ 6. A Stipulated Penalty of up to $1,000 for each day Align fails to comply with Section III.F;‌ 7. A Stipulated Penalty of up to $1,000 for each day Align fails to comply with Section III.G;‌ 8. A Stipulated Penalty of up to $1,000 for each day Align fails to comply with Section III.H (if applicable);‌‌ 9. A Stipulated Penalty of up to $1,000 for each day Align fails to comply with Section IV;‌ 10. A Stipulated Penalty of up to $1,000 for each day Align fails to comply with Section V;‌ 11. A Stipulated Penalty of up to $1,000 for each day Align fails to comply with Section VII;‌ 12. A Stipulated Penalty of up to $1,000 for each day Align fails to comply with Section VIII; or‌ 13. A Stipulated Penalty of up to $50,000 for each false certification submitted by or on behalf of Align under this IA.‌

  • INADEQUACY OF DAMAGES Each Party agrees that damages would not be an adequate remedy for any breach by it of this Agreement and accordingly each Party shall be entitled, without proof of special damages, to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of this Agreement.

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