Common use of BREACH AND CONSEQUENCES Clause in Contracts

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 Vehicle. 13.6 Where Netstar has to remove the Netstar Unit in terms of this clause, the Subscriber will do all such things as may be reasonably necessary to enable Netstar to uplift and collect the Netstar Unit from the Vehicle. 13.7 Where Netstar has to use the services of a debt collector or attorney to successfully enforce any provisions of the Contract, then the Subscriber will bear the costs incurred by Netstar, including legal fees, on an attorney and client basis.

BREACH AND CONSEQUENCES. 13.1 12.1 If the Subscriber or its authorised agent, which includes an insurer, employer or bank: 13.1.1 12.1.1 fails to pay any amount under this Contract on due date; or 13.1.2 12.1.2 fails to carry out or perform any of its contractual obligations or breaches any term or condition of this Contract; or 13.1.3 12.1.3 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 12.2 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 12.2.1 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 12.2.2 where the Initial Period of the Contract has not expired, the right to immediately remove and recover ownership and possession of the Netstar Unit Equipment from the Vehicle, at the Subscriber’s risk and expense; 13.2.3 12.2.3 the right to demand from the Subscriber, all amounts payable, by the Subscriber to Netstar under the Contract; and 13.2.4 12.2.4 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 12.3 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.notice.‌ 13.4 12.4 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 12.5 Where the Subscriber cancels the Contract during the Initial Period in terms of clause 13.312.3, 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 Equipment from the Vehicle. 13.6 12.6 Where Netstar has to remove the Netstar Unit Equipment in terms of this clause, the Subscriber will do all such things as may be reasonably necessary to enable Netstar to uplift and collect the Netstar Unit Equipment from the Vehicle. 13.7 12.7 Where Netstar has to use the services of a debt collector or attorney to successfully enforce any provisions of the Contract, then the Subscriber will bear the costs incurred by Netstar, including legal fees, on an attorney and client basis.

BREACH AND CONSEQUENCES. 13.1 If the Subscriber or its authorised agent, which includes an insurer, employer or bankSubscriber: 13.1.1 fails to pay any amount under this Contract on the 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 7 (twentyseven) 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, notice failing which Netstar will thereafter have the right to immediately terminate the Contract, without further notice to the Subscriber, which termination shall . 13.2 Termination of the Contract by either Party for any reason will 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 fee, reasonably calculated by Netstar, where the Contract is terminated within the Initial Period; 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 expenseexpense where the Contract is terminated within the Initial Period; 13.2.3 the right to demand from the Subscriber, all amounts payable, by the Subscriber to Netstar under the Contract; andor 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 Upon termination of this Contract for any reason all amounts payable by the Subscriber to Netstar breaches any material term will become due and payable and where the Contract is terminated prior to the expiry of the ContractInitial Period, 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 shall also 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 Vehicleas set out in clause 13.2.1. 13.6 13.4 Where Netstar has to remove the Netstar Unit in terms of this clauseclause 13, the Subscriber will shall do all such things as may be reasonably necessary to enable Netstar Netstar’s authorised representative to uplift and collect remove the Netstar Unit from the Vehicle. 13.7 13.5 Where Netstar has to use the services of a debt collector or attorney to successfully enforce any provisions of the Contract, then the Subscriber will shall bear the costs incurred by Netstar, including legal fees, on an attorney and client basis.

BREACH AND CONSEQUENCES. 13.1 14.1 If the Subscriber or its authorised agent, which includes an insurer, employer or bank: 13.1.1 14.1.1 fails to pay any amount under this Contract on due date; or 13.1.2 14.1.2 fails to carry out or perform any of its contractual obligations or breaches any term or condition of this Contract; or 13.1.3 14.1.3 in Netstar’s reasonable opinion raises false alarms or abuses the Netstar Service, (referred to as “the breach”); ; 14.1.4 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 14.2 Where the Subscriber fails to rectify the breach within the 20 (twenty) Business Day period, Netstar will 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: 13.2.1 14.2.1 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 14.2.2 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 14.2.3 the right to demand from the Subscriber, all amounts payable, by the Subscriber to Netstar under the Contract; and 13.2.4 14.2.4 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 14.3 Where Netstar fails to rectify the breach within the 20 (twenty) Business Day period, the Subscriber will shall thereafter have the right to immediately terminate the Contract, on written notice to Netstar which termination will shall 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 14.4 Where the Subscriber cancels the Contract during the Initial Period in terms of clause 13.312.3, the Subscriber will shall still be liable to pay Netstar an early termination fee and Netstar will shall have the right to immediately remove and recover ownership and possession of the Netstar Unit from the Vehicle. 13.6 14.5 Where Netstar has to remove the Netstar Unit in terms of this clause, the Subscriber will shall do all such things as may be reasonably necessary to enable Netstar to uplift and collect the Netstar Unit from the Vehicle. 13.7 14.6 Where Netstar has to use the services of a debt collector or attorney to successfully enforce any provisions of the Contract, then the Subscriber will shall bear the costs incurred by Netstar, including legal fees, on an attorney and client basis.

BREACH AND CONSEQUENCES. 13.1 If the Subscriber or its authorised agent, which includes an insurer, employer or bankSubscriber: 13.1.1 fails to pay any amount under this Contract on the 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”); ; 13.1.4 then Netstar may immediately suspend the Netstar Service and provide the Subscriber with a written notice requiring it to rectify the breach within 20 7 (twentyseven) 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, notice failing which Netstar will thereafter have the right to immediately terminate the Contract, without further notice to the Subscriber, which termination shall . 13.2 Termination of the Contract by either Party for any reason will 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 fee, reasonably calculated by Netstar, where the Contract is terminated within the Initial Period; 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 expenseexpense where the Contract is terminated within the Initial Period; 13.2.3 the right to demand from the Subscriber, all amounts payable, by the Subscriber to Netstar under the Contract; andor 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 Upon termination of this Contract for any reason all amounts payable by the Subscriber to Netstar breaches any material term will become due and payable and where the Contract is terminated prior to the expiry of the ContractInitial Period, 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 shall also 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 Vehicleas set out in clause 11.2.1. 13.6 13.4 Where Netstar has to remove the Netstar Unit in terms of this clauseclause 11, the Subscriber will shall do all such things as may be reasonably necessary to enable Netstar Netstar’s authorised representative to uplift and collect remove the Netstar Unit from the Vehicle. 13.7 13.5 Where Netstar has to use the services of a debt collector or attorney to successfully enforce any provisions of the Contract, then the Subscriber will shall bear the costs incurred by Netstar, including legal fees, on an attorney and client basis.

BREACH AND CONSEQUENCES. 13.1 If 26.1 Where the Subscriber or its authorised authorized agent, which includes an insurer, employer or bank: 13.1.1 26.1.1 fails to pay any amount under this Contract on due date; or 13.1.2 26.1.2 fails to carry out or perform any of its contractual obligations or breaches any term or condition conditions of this Contract; or 13.1.3 26.1.3 in Netstar’s TrackNetics reasonable opinion raises false alarms or abuses the Netstar Service, TrackNetics Service (referred to as “the breach”); then Netstar TrackNetics may immediately suspend the Netstar TrackNetics Service and provide the Subscriber with a written notice requiring it to rectify the breach within with 20 (twenty) Business Days of the date of such notice. 13.2 26.2 Where the Subscriber fails to rectify the breach within the 20 (twenty) Business Day period, Netstar TrackNetics 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 TrackNetics may then have in law, including: 13.2.1 26.2.1 where the Initial Period of the Contract has not expired, the right to claim from the Subscriber an early termination fee reasonably calculated by NetstarTrackNetics; 13.2.2 26.2.2 where the Initial Period of the Contract has not expired, the right to immediately remove and recover ownership and possession of to the Netstar Unit Equipment from the Vehicle, at the Subscriber’s risk and expense; 13.2.3 26.2.3 the right to demand from the Subscriber, all amounts payable, by the Subscriber to Netstar TrackNetics under the Contract; and 13.2.4 26.2.4 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 26.3 Where Netstar TrackNetics breaches any material term of the Contract, the Subscriber has the right to send Netstar TrackNetics a written notice requiring Netstar TrackNetics to rectify the breach within 20 (twenty) Business Days of receipt of such notice. 13.4 26.4 Where Netstar TrackNetics 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 requiring TrackNetics which termination will be without prejudice to any rights which the Subscriber may have in law, including the right to claim damages from Netstar TrackNetics which it may have incurred in consequence of Netstar’s TrackNetics breach. 13.5 26.5 Where the Subscriber cancels the Contract during the Initial Period in terms of clause 13.312.3, the Subscriber will still be liable to pay Netstar TrackNetics an early termination fee and Netstar TrackNetics will have the right to immediately remove and recover ownership and possession of the Netstar Unit Equipment from the Vehicle. 13.6 26.6 Where Netstar TrackNetics has to remove the Netstar Unit Equipment in terms of this clause, the Subscriber will do all such things as may be reasonably necessary to enable Netstar TrackNetics to uplift and collect the Netstar Unit Equipment from the Vehicle. 13.7 26.7 Where Netstar TrackNetics has to use the services of a debt collector or attorney to successfully enforce any provisions of the Contract, Contract then the Subscriber will bear the costs incurred by NetstarTrackNetics, including legal fees, on an attorney and client basis.

BREACH AND CONSEQUENCES. 13.1 10.1 If the Subscriber or its authorised agent, which includes an insurer, employer or bankSubscriber: 13.1.1 10.1.1 fails to pay any amount under this Contract on due date; or 13.1.2 10.1.2 fails to carry out or perform any of its contractual obligations or breaches any term or condition of this Contract; or 13.1.3 10.1.3 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 10.2 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 10.2.1 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 10.2.2 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 VehicleEquipment, at the Subscriber’s risk and expense; 13.2.3 10.2.3 the right to demand from the Subscriber, all amounts payable, by the Subscriber to Netstar under the Contract; and 13.2.4 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. 13.3 10.3 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 10.4 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 10.5 Where the Subscriber cancels the Contract during the Initial Period in terms of clause 13.310.2.1, 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 VehicleEquipment. 13.6 10.6 Where Netstar has to remove recover the Netstar Unit Equipment in terms of this clause, the Subscriber will do all such things as may be reasonably necessary to enable Netstar to uplift and collect the Netstar Unit from the VehicleEquipment. 13.7 10.7 Where Netstar has to use the services of a debt collector or attorney to successfully enforce any provisions of the Contract, then the Subscriber will bear the costs incurred by Netstar, including legal fees, on an attorney and client basis.

BREACH AND CONSEQUENCES. 13.1 14.1 If the Subscriber or its authorised agent, which includes an insurer, employer or bank: 13.1.1 14.1.1 fails to pay any amount under this Contract on due date; or 13.1.2 14.1.2 fails to carry out or perform any of its contractual obligations or breaches any term or condition of this Contract; or 13.1.3 14.1.3 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 14.1.4 Where the Subscriber fails to rectify the breach within the 20 (twenty) Business Day period, Netstar will 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: 13.2.1 14.1.4.1 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 14.1.4.2 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 14.1.4.3 the right to demand from the Subscriber, all amounts payable, by the Subscriber to Netstar under the Contract; and 13.2.4 14.1.4.4 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 14.2 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 14.3 Where Netstar fails to rectify the breach within the 20 (twenty) Business Day period, the Subscriber will shall thereafter have the right to immediately terminate the Contract, on written notice to Netstar which termination will shall 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 14.4 Where the Subscriber cancels the Contract during the Initial Period in terms of clause 13.314.3, the Subscriber will shall still be liable to pay Netstar an early termination fee and Netstar will shall have the right to immediately remove and recover ownership and possession of the Netstar Unit from the Vehicle. 13.6 14.5 Where Netstar has to remove the Netstar Unit in terms of this clause, the Subscriber will shall do all such things as may be reasonably necessary to enable Netstar to uplift and collect the Netstar Unit from the Vehicle. 13.7 14.6 Where Netstar has to use the services of a debt collector or attorney to successfully enforce any provisions of the Contract, then the Subscriber will shall bear the costs incurred by Netstar, including legal fees, on an attorney and client basis.