BREACH BY THE CUSTOMER Sample Clauses

BREACH BY THE CUSTOMER. If the Customer: 12.1 breaches any provision of this Agreement and fails to rectify such breach within 5 days of receipt of a written notice delivered to it by LEAD, calling upon the Customer to rectify such breach; or 12.2 being a natural person commits any act of insolvency or assigns, surrenders or attempts to INITIAL Version 7: 01 July 2022 assign or surrender his/her estate; or 12.3 allows a default judgment to remain unsatisfied for a period for 7 days or be refused rescission within 14 days of any default judgment; or 12.4 is sequestrated, or placed under business rescue, or wound up, whether provisionally or finally; or 12.5 compromises with any of its creditor/s or endeavors to attempt to do so, then and upon the occurrence of any of these events (all of which are deemed to be material) LEAD shall be entitled at its election, to seek specific performance of the Customer’s obligations in terms of this Agreement, or to cancel this Agreement, in either instance without prejudice to LEAD’s right to claim such damages as it may have suffered by reason of such breach.
Sample 1
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BREACH BY THE CUSTOMER. If the Customer: 12.1 breaches any provision of this Agreement and fails to rectify such breach within 5 days of receipt of a written notice delivered to it by LEAD, calling upon the Customer to rectify such breach; or 12.2 being a natural person commits any act of insolvency or assigns, surrenders or attempts to assign or surrender his/her estate; or 12.3 allows a default judgment to remain unsatisfied for a period for 7 days or be refused rescission within 14 days of any default judgment; or 12.4 is sequestrated, or placed under business rescue, or wound up, whether provisionally or finally; or 12.5 compromises with any of its creditor/s or endeavors to attempt to do so, then and upon the occurrence of any of these events (all of which are deemed to be material) LEAD shall be entitled at its election, to seek specific performance of the Customer’s obligations in terms of this Agreement, or to cancel this Agreement, in either instance without prejudice to LEAD’s right to claim such damages as it may have suffered by reason of such breach.
Sample 1Sample 2
BREACH BY THE CUSTOMER. If the CUSTOMER is in breach of any provision of this Agreement (other than a breach of any of its payment obligations under this Agreement) and such breach causes: the MUNICIPALITY to be in immediate breach of any of its Approvals and such breach requires disconnection of the Facility in terms of those Approvals; or personal injury to the MUNICIPALITY or CUSTOMER staff or members of the public; or immediate material damage as a result of the malfunctioning of the Facility on the CUSTOMER’s premises or on the Distribution System, then the MUNICIPALITY shall be entitled to disconnect the Facility from the Distribution System immediately and without giving notice. In addition, if the CUSTOMER is in breach of any provision of this Agreement, then the MUNICIPALITY must give written notice to the CUSTOMER specifying in reasonable detail the nature of the breach and requiring the CUSTOMER within [30 (thirty)] days after receipt of such notice to remedy the breach (or within any longer period as approved by the MUNICIPALITY, such approval not to be unreasonably withheld or delayed). Whenever the MUNICIPALITY serves a notice on the CUSTOMER pursuant to clause 24.1.2., the Parties shall engage in discussions without delay on the nature and effects of the breach and each shall use all appropriate procedures available to them under this Agreement or the Code(s) (including testing rights and the procedures set out in the Code(s)) in an attempt to establish as quickly as reasonably practicable a mutually acceptable way of ensuring future compliance by the CUSTOMER with the relevant provision of the Agreement; provided that the failure of either Party to participate in such discussions shall not prevent the MUNICIPALITY from proceeding in accordance with the remaining provisions in this clause 24.1..
Sample 1
BREACH BY THE CUSTOMER. There is a breach by the Customer if the Customer fails to fulfil its obligations under this Agreement. Nevertheless, no breach exists if the situation is caused by circumstances for which the Supplier is liable, or by force majeure. The Supplier shall submit a written notice of the breach without undue delay after the breach has been discovered or should have been discovered.
Sample 1
BREACH BY THE CUSTOMER. If the Customer is in breach of any provision of this Agreement (other than a breach of any of its payment obligations under this Agreement) and such breach causes: the Municipality to be in immediate breach of any of its Approvals and such breach requires disconnection of the Generation Facility in terms of those Approvals; personal injury to the Municipality or Customer staff or members of the public; or immediate material damage as a result of the malfunctioning of the Generation Facility on the Customer’s premises or on the Distribution System then the Municipality shall be entitled to disconnect the Generation Facility from the Distribution System immediately and without giving notice. In addition, if the Customer is in breach of any provision of this Agreement, then the Municipality shall give written notice to the Customer specifying the nature of the breach and requiring the Customer within [15 (fifteen)] days of receipt the notice to remedy the breach. Subject to clause 27., if the breach is not remedied within the period provided for in the notice issued in terms of clause 25.2., the Municipality may disconnect the Generation Facility. If, following the disconnection of the Generation Facility, the Customer has remedied the breach; the Municipality shall reconnect the Generation Facility without unreasonable delay. If, following the disconnection of the Generation Facility, the Customer applies to the Municipality for the Generation Facility to be re-connected and is refused or is offered re-connection on conditions which the Customer does not accept, then this shall be recognised as an ‘Incident’ (as defined in the Code(s)) and the Municipality shall only be obliged to re-connect the Generation Facility if NERSA or the arbitrator makes a determination to this effect in terms of clause 27.. If any breach of this Agreement by the Customer results in a disconnection of the Generation Facility and remains un-remedied for a period six (6) months reckoned from the date of the breach the Municipality may terminate this Agreement immediately upon written notice to the Customer.
Sample 1
BREACH BY THE CUSTOMER. If the Customer: 12.1 breaches any provision of this Agreement and fails to rectify such breach within 5 days of receipt of a written notice delivered to it by LEAD, calling upon the Customer to rectify such breach; or 12.2 being a natural person commits any act of insolvency or assigns, surrenders or attempts to assign or surrender his/her estate; or 12.3 allows a default judgment to remain unsatisfied for a period for 7 days or be refused rescission within 14 days of any default judgment; or INITIAL Version 1: 01 October 2017 12.4 is sequestrated, or placed under business rescue, or wound up, whether provisionally or finally; or 12.5 compromises with any of its creditor/s or endeavors to attempt to do so, then and upon the occurrence of any of these events (all of which are deemed to be material) LEAD shall be entitled at its election, to seek specific performance of the Customer’s obligations in terms of this Agreement, or to cancel this Agreement, in either instance without prejudice to LEAD’s right to claim such damages as it may have suffered by reason of such breach.
Sample 1
BREACH BY THE CUSTOMER. Without prejudice to Clause 9 hereof, if the company is unable to obtain
Sample 1
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Related to BREACH BY THE CUSTOMER

  • Breach by Seller In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser’s default, Purchaser may: (1) enforce specific performance of this Contract; or (2) request that the Escrow Deposit, if any, shall be forthwith returned by the title company to Purchaser.

  • Breach by Licensee a. The licensee shall have five (5) business days from its receipt of written notice by Producer and/or Producer’s authorized representative to cure any alleged breach of this Agreement by Licensee. Licensee’s failure to cure the alleged breach within five (5) business days shall result in Licensee’s default of its obligations, its breach of this Agreement, and at Producer's sole discretion, the termination of Licensee’s rights hereunder. b. If Licensee engages in the commercial exploitation and/or sale of the Beat or New Song outside of the manner and amount expressly provided for in this Agreement, Licensee shall be liable to Producer for monetary damages in an amount equal to any and all monies paid, collected by, or received by Licensee, or any third party on its behalf, in connection with such unauthorized commercial exploitation of the Beat and/or New Song. c. Licensee recognizes and agrees that a breach or threatened breach of this Agreement by Licensee give rise to irreparable injury to Producer, which may not be adequately compensated by damages. Accordingly, in the event of a breach or threatened breach by the Licensee of the provisions of this Agreement, Producer may seek and shall be entitled to a temporary restraining order and a preliminary injunction restraining the Licensee from violating the provisions of this Agreement. Nothing herein shall prohibit Producer from pursuing any other available legal or equitable remedy from such breach or threatened breach, including but not limited to the recovery of damages from the Licensee. The Licensee shall be responsible for all costs, expenses or damages that Producer incurs as a result of any violation by the Licensee of any provision of this Agreement. Licensee’ obligation shall include court costs, litigation expenses, and reasonable attorneys' fees.

  • TERMINATION BY MPS - BREACH BY CONTRACTOR If Contractor fails to fulfill its obligations under this Contract in a timely or proper manner, or violates any of its provisions, MPS shall thereupon have the right to terminate it by giving five (5) days written notice before the effective date of termination of the Contract, specifying the alleged violations, and effective date of termination. The Contract shall not be terminated if, upon receipt of the notice, Contractor promptly cures the alleged violation with five (5) days. In the event of termination, MPS will only be liable for services rendered through the date of termination and not for the uncompleted portion, or for any materials or services purchased or paid for by Contractor for use in completing the Contract.

  • BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser’s obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit, if any, from the title company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller’s sole remedy hereunder in such event. If no Escrow Deposit has been made then Seller shall receive the amount of $500 as liquidated damages for any failure by Purchaser.

  • Waiver by the Company The Company irrevocably waives acceptance hereof, presentment, demand, protest and any notice not provided for herein, as well as any requirement that at any time any action be taken by any Person against any Eligible Subsidiary or any other Person.

  • Breach by Employee Employee hereby expressly covenants and agrees that the Company will suffer irreparable damage in the event any provisions of Sections 10, 11 and 12 are not performed or are otherwise breached and that the Company shall be entitled as a matter of right to an injunction or injunctions and other relief to prevent a breach or violation by Employee and to secure its enforcement of Section 10, 11 and 12 resort to such equitable relief, however, shall not constitute a waiver of any other rights or remedies which the Company may have.

  • REPRESENTATIONS BY THE COMPANY The Company represents and warrants to the Subscriber that:

  • Breach by Authorized User An Authorized User’s breach shall not be deemed a breach of the Centralized Contract; rather, it shall be deemed a breach of the Authorized User’s performance under the terms and conditions of the Centralized Contract.

  • Material Breach of Contract In the event Contractor fails to deliver the product and services as contracted for herein, to the satisfaction of the City of Sparks or otherwise fails to perform any provisions of this Contract, the City, after providing five (5) days written notice and Contractor’s failure to cure such breach within the time specified in the notice, may without waiving any other remedy, make good the deficiencies and deduct the actual cost of providing alternative products and/or services from payment due the Contractor. Non-performance after the first notice of non-performance shall be considered a material breach of contract.

  • Breach A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.

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