Common use of Breach by member Clause in Contracts

Breach by member. If Member fails to make any and all payments due to NRTC (or HCG, as appropriate) under this Agreement, or otherwise breaches or fails to perform a material obligation under this Agreement, in addition to any other remedies available in law or in equity, NRTC may in its sole discretion and upon 30 days written notice to Member, including therein, a 10 day period for Member to cure, (i) suspend all DBS Services to Member and/or Subscribers; (ii) terminate this Agreement; and (iii) bring an action for and immediately declare due and payable all sums due and owing NRTC (or HCG, as appropriate). In addition, if HCG has suspended any or all of the DBS Services to Member and/or Subscribers for sixty (60) or more days under Section 4(h), then NRTC may terminate this Agreement immediately upon notice to Member, and HCG may bring an action at law or in equity to collect from Member the sums due under Section 4 to NRTC (or HCG, as appropriate) and the liabilities, costs, damages and Expenses associated therewith. In the event of a termination under this Section, neither NRTC nor HCG shall be responsible or liable to Member or others for any damages, costs or Expenses arising therefrom; nor shall NRTC or HCG owe or be required to provide Member any refund of amounts previously paid to NRTC or HCG by Member. Upon such termination, Member shall have no further right to provide DBS Services to any Subscribers and DBS Services may be provided to the Subscribers directly by NRTC or any other distributor as NRTC may appoint.

Breach by member. If Member fails to make any and all payments due to NRTC (or HCGNRTC, as appropriate) master servicer, under this the Agreement, or otherwise breaches or fails to perform a material obligation under this the Agreement, then, in addition to any other remedies available in at law or in equity, NRTC DIRECTV or NRTC, as appropriate, may in its sole discretion and upon 30 thirty (30) days written notice to Member, including therein, therein a 10 ten (10) day period for Member to cure, (i) suspend all DBS Services to Member and/or Subscribers; (ii) terminate this the Agreement; and (iii) bring an action for and immediately declare due and payable all sums due and owing to NRTC (or HCG, as appropriate)DIRECTV. In addition, if HCG DIRECTV has suspended any or and all of the DBS Services to Member and/or Subscribers for sixty (60) or more days under Section 4(h)4(d) of these Terms and Conditions, then NRTC DIRECTV may terminate this the Agreement immediately upon notice to Member, and HCG DIRECTV may bring an action at law or in equity to collect from Member the sums due under Section 4 to NRTC (or HCGNRTC, as appropriate) master servicer, and the liabilities, costs, damages and Expenses associated therewith. In the event of a termination under this Section, neither NRTC nor HCG DIRECTV shall be responsible or liable to provide any DBS Services to Member or Subscribers; nor shall NRTC, as master servicer or otherwise, or DIRECTV be responsible or liable to Member or others for any damages, costs or Expenses arising therefrom; nor shall NRTC or HCG DIRECTV owe or be required to provide Member any refund of or amounts previously paid to NRTC NRTC, as master servicer or HCG otherwise, or DIRECTV by Member. Upon such termination, Member shall have no further right to provide DBS Services to any Subscribers and DBS Services may be provided to the Subscribers directly by NRTC DIRECTV or any other another distributor as NRTC DIRECTV may appoint.