Breach by Customer. If Customer fails to make any payment when due and such failure continues for five (5) days after notice, or Customer fails to comply with any other term or condition of this FSA or any Schedule and such failure continues for thirty (30) days after notice, then Frontier may either suspend the applicable Schedule (or any portion thereof) until the breach is remedied, terminate the applicable Schedule (or any portion thereof), or terminate this FSA and all Schedules. Notwithstanding the foregoing, Frontier may immediately suspend Services and, after giving notice to Customer with an opportunity to respond appropriate to the circumstances and Customer’s failure to respond, Frontier may terminate any or all Services, retrieve Frontier Network elements from the service location and Equipment for which title has not transferred to Customer, in the following circumstances: (i) in the event of unauthorized, unlawful or improper use or abuse of the Frontier Network or Service; (ii) if, in the reasonable judgment of Frontier, Customer’s use of the Frontier Network or Service has or will damage or have an adverse effect on Frontier’s Network, its personnel, property or service; (iii) such action is necessary to meet the exigencies of an emergency; or (iv) a court or other governmental authority having jurisdiction issues an order prohibiting Frontier from furnishing the Equipment or Services to Customer.
Breach by Customer. 1. If the Customer breaches any of its contractual obligations under this Agreement and fails to remedy that breach promptly and in any event within seven (7) days of being requested by the Supplier to so remedy, then the Supplier may by written notice to the Customer terminate this Agreement. Upon termination of the Agreement, the Supplier has no obligation to continue to provide the Services. The Supplier shall be entitled, notwithstanding such termination, to claim as a debt owing any amount due to the Supplier on termination and claim damages in respect of any loss sustained by the Supplier including loss of profits resulting from the termination.
Breach by Customer. 9.1. If the Customer breaches any of its contractual obligations under this Agreement and fails to remedy that breach promptly and in any event within three (3) days of being requested by the Contractor to so remedy, then the Contractor may, by written notice to the Customer, terminate this Agreement. Upon termination of the Agreement, the Contractor has no obligation to perform any part of the Contract Services not already performed. The Contractor shall be entitled, notwithstanding such termination, to claim as a debt owing any amount due to the Contractor on termination.
Breach by Customer. If Customer fails to make any payment when due and such failure continues for five (5) days after notice, or Customer fails to comply with any other term or condition of this ZFSA or any Schedule and such failure continues for thirty (30) days after notice, then Ziply Fiber may either suspend the applicable Schedule (or any portion thereof) until the breach is remedied, terminate the applicable Schedule (or any portion thereof), or terminate this ZFSA and all Schedules. Notwithstanding the foregoing, Ziply Fiber may immediately suspend Services and, after giving notice to Customer with an opportunity to respond appropriate to the circumstances and Customer’s failure to respond, Ziply Fiber may terminate any or all Services, retrieve Ziply Fiber Network elements from the service location and Equipment for which title has not transferred to Customer, in the following circumstances: (i) in the event of unauthorized, unlawful or improper use or abuse of the Ziply Fiber Network or Service; (ii) if, in the reasonable judgment of Ziply Fiber, Customer’s use of the Ziply Fiber Network or Service has or will damage or have an adverse effect on Ziply Fiber’s Network, its personnel, property or service; (iii) such action is necessary to meet the exigencies of an emergency; or (iv) a court or other governmental authority having jurisdiction issues an order prohibiting Ziply Fiber from furnishing the Equipment or Services to Customer.
Breach by Customer. 10.1 The Customer will be in default of the Hire Agreement if the Customer:
(a) breaches any provision of the Hire Agreement including these Terms and Conditions and (if the breach is remediable) fails to remedy that breach within seven (7) days of written demand by ICP; or
(b) becomes bankrupt or insolvent (including by having a liquidator, administrator, receiver, receiver and manager appointed to it or any of its assets) or, if the Customer is a business customer, ceases to carry on its business.
Breach by Customer. A) If any payment in respect of the sale of Products or Services is not made in full within the agreed period:
i) any amounts owing by the Customer to TTI pursuant to this Agreement will become immediately due and payable and TTI will be entitled to demand and receive immediate payment of any such amounts; and
ii) TTI is entitled to recover possession of all Products to which it has retained title under clause 12.
B) Interest shall be payable on any amounts outstanding outside payment terms by the Customer to TTI from the date of the invoice at the rate of 8% over and above the cash rate set from time to time by the Reserve Bank of Australia.
C) TTI shall be free to suspend or cancel any Order in circumstances where the Customer has failed to make any payment within the payment terms.
D) The Customer hereby indemnifies TTI in respect of losses, expenses and costs incurred by TTI (including but not limited to legal costs on a solicitor/client basis) as a result of any breach of this Agreement by the Customer, including any breach of terms of payment for Products or Services. Such costs include but are not limited to the costs of any demands made of the Customer to remedy any breach, and any legal proceedings to recover unpaid money.
Breach by Customer. If Customer breaches any terms of this Agreement, becomes insolvent, or is placed in receivership, or if a petition in bankruptcy is filed by or against Customer, DOKA may elect any or all of the following remedies: (i) terminate this Agreement, (ii) demand assurance of performance, (iii) recover immediate possession of any leased Products, (iv) suspend its performance under the Agreement, (v) notify any owner, general contractor, or bonding company of Customer’s default, (vi) declare a cross default of any other agreement with Customer and apply any funds from other agreements to any deficiencies hereunder, and/or (vii) exercise all other remedies available at law or under the Agreement.
Breach by Customer. If Customer breaches any terms of this Agreement, becomes insolvent, or is placed in receivership, or if a petition in bankruptcy is filed by or against Customer, or ceases or threatens to cease business activities, DOKA may elect any or all of the following remedies: (i) immediately terminate this Agreement without any liability to the Customer, (ii) demand assurance of performance, (iii) recover immediate possession of any leased Products, (iv) suspend its performance under the Agreement, (v) notify any owner, general contractor, or bonding company of Customer’s default, (vi) declare a cross default of any other agreement with Customer and apply any funds from other agreements to any deficiencies hereunder, (vii) exercise its hypothecary rights, and/or (viii) exercise all other remedies available at law or under the Agreement.
Breach by Customer. If Customer breaches the terms of this Agreement or becomes insolvent, or is placed in receivership, or if a petition in bankruptcy is filed by or against Customer, Doka may elect any or all of the following remedies: (i) declare the entire amount outstanding due and payable without further notice or demand to Customer; (ii) terminate this Agreement; (iii) demand assurance of performance; (iv) recover immediate possession of any leased Products (customer hereby waives any and all damages occasioned by such taking); (v) suspend its performance under the Agreement or any other agreement with Customer without liability or penalty; (vi) notify any owner, general contractor, or bonding company of Customer’s default; (vii) declare a cross default of any other agreement with Customer; (ix) apply any funds from other agreements to any deficiencies hereunder; and/or (x) exercise all other remedies available at law or under the Agreement.
Breach by Customer. If the Customer fails to make payment as provided for in this Agreement or otherwise fails to perform any of its other obligations under this Agreement and such failure continues for a period of five (5) days after written notice of such failure is given by KRT to the Customer, then KRT may immediately stop the Work and terminate this Agreement and KRT will be entitled to receive payment for all Work performed plus recover payment for reasonable overhead, profit, and other damages. Such right and remedy is in addition to all other rights and remedies of KRT under this Agreement or at law or equity.
