Breach by You. If any Enforcement Event occurs, then:
Breach by You. If you are in material violation of any provision of this contract, except as described below, we will notify you and require you to remedy the breach as soon as is reasonably possible. If you do not remedy the breach, we may cancel the contract for cause, as described below.
Breach by You. If you are in material violation of any provision of this contract, except as described below, we will notify you and require you to remedy the breach as soon as is reasonably possible. If you do not remedy the breach, we may cancel the contract for cause, as described below. Cancellation by Us. We may cancel the contract for cause, as described in the “Breach by You” section. If we do so, no refund of the rental fee will be due, and you won’t be released from any liability. If the Event is in progress, we will require you to immediately remove your exhibits and all other property, and vacate the Convention Facilities. If you do not or cannot, we may take possession of your property, and store and/or ship such property at your expense. If we do this, we are not liable for any loss or damage as a result of this storage or shipment.
Breach by You a. If you fail to cure any breach of this Standard License Agreement within five (10) business days of Producer providing you with written notice of a breach, Producer will have the right to immediately terminate this Standard License Agreement, and if Producer notifies you of such termination, you will have no further right to use the Beat in the New Composition, New Recording, and/or Video (and you must immediately cause them to be no longer available to the public).
b. If you use the Beat, New Composition, New Recording, and/or any Video in a manner not expressly permitted in this Standard License Agreement, you agree to pay Producer any and all amounts previously or thereafter collected, received, or credited to you or any third party in connection with such exploitation of the Beat, New Composition, New Recording, and/or Video (as applicable).
c. You recognize and agree that a breach or threatened breach by you of this Standard License Agreement could cause irreparable injury to Producer, which may not be adequately compensated by monetary damages. Accordingly, in the event of a breach or threatened breach by you, Producer shall be entitled to a temporary restraining order and preliminary injunction restraining you from violating the provisions of this Standard License Agreement.
d. Nothing herein shall prohibit Producer from pursuing any other available legal or equitable remedy in connection with breach or threatened breach of this Standard License Agreement, including but not limited to the recovery of monetary damages from you.
Breach by You. You acknowledge and agree that if you breach any of your promises in this Agreement, for example, by filing or prosecuting a lawsuit or charge based on claims that you have released, such conduct would cause great damage and injury to the Company and that such provisions provide a material element of the Company’s consideration for and inducement to enter into this Agreement. Accordingly, it is expressly understood and agreed that if there is a breach by you (1) the Company may cease providing any payments and benefits not already provided hereunder; and (2) you must immediately repay to the Company the value of all payments and benefits previously received by you under this Agreement as liquidated damages, it being agreed that the Company’s monetary damages in the event of such breach would be difficult to calculate and that this amount represents a fair approximation of such damages. You further agree that the Company may, in addition to these liquidated damages and in addition to pursuing any other remedies that it may have in law or in equity, obtain an injunction against you from any court having jurisdiction over this matter, restraining any further violations of this Agreement.
Breach by You. You will be in breach of this Agreement if any of the following occurs:
4.1. Do not make payments: You do not pay any amount payable under this Agreement when payment is due.
Breach by You a. If you fail to cure any breach of this Premium + Tracked Out License Agreement within five (5) business days of Producer providing you with written notice of a breach, Producer will have the right to immediately terminate this Premium + Tracked Out License Agreement, and if Producer notifies you of such termination, you will have no further right to use the Beat in the New Composition, New Recording, and/or Video (and you must immediately cause them to be no longer available to the public).
b. If you use the Beat, New Composition, New Recording, and/or any Video in a manner not expressly permitted in this Premium + Tracked Out License Agreement, you agree to pay Producer any and all amounts previously or thereafter collected, received, or credited to you or any third party in connection with such exploitation of the Beat, New Composition, New Recording, and/or Video (as applicable).
c. You recognize and agree that a breach or threatened breach by you of this Premium + Tracked Out License Agreement could cause irreparable injury to Producer, which may not be adequately compensated by monetary damages. Accordingly, in the event of a breach or threatened breach by you, Producer shall be entitled to a temporary restraining order and preliminary injunction restraining you from violating the provisions of this Premium + Tracked Out License Agreement.
d. Nothing herein shall prohibit Producer from pursuing any other available legal or equitable remedy in connection with breach or threatened breach of this Premium + Tracked Out License Agreement, including but not limited to the recovery of monetary damages from you.
Breach by You. If You:
1. breach any of these Terms (including, without limitation, by non-payment of any Subscription Plans) and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;
2. breach any of these Terms and the breach is not capable of being remedied or any payment of Subscription Plans that are more than 30 days overdue); or
3. You or Your business become insolvent or Your business goes into liquidation or has a receiver or manager appointed of any of its assets or if You become insolvent, or make any arrangement with Your creditors, or become subject to any similar insolvency event in any jurisdiction, WhosOnLocation may take any or all of the following actions, at its sole discretion:
1. Terminate this Agreement and Your use of the Services and the Site;
2. Suspend for any definite or indefinite period of time, Your use of the Services and the Site;
3. Suspend or terminate access to all or any Data.
4. Take either of the actions in sub-clauses (4), (5) and (6) of this clause 22 (6) in respect of any or all other persons whom You have authorised to have access to Your information or Data.
5. For the avoidance of doubt, if payment of any invoice for Subscription Plans due in relation to any of Your Billing Contacts, Subscriptions or any of Your Locations (as defined in clause 8) is not made in full by the relevant due date, WhosOnLocation may: suspend or terminate Your use of the Service, the authority for all or any of Your Locations to use the Service, or Your rights of access to all or any Data.
Breach by You. Upon any breach of this Agreement by you, AFS AGRO FLOW SYSTEM may terminate your use of the AFS AGRO FLOW SYSTEM Web Services, your Personal AFS Account, and access to AFS AGRO FLOW SYSTEM servers (without refund of any Subscription Fee) and AFS AGRO FLOW SYSTEM may obtain damages caused by your breach. Your breach shall further constitute a permanent non-exclusive license of your Data to AFS AGRO FLOW SYSTEM for any use AFS AGRO FLOW SYSTEM determines is appropriate. AFS AGRO FLOW SYSTEM shall be entitled to any attorneys’ fees incurred enforcing this Agreement. AFS AGRO FLOW SYSTEM may also seek injunctive relief to prevent you from misappropriating the Software, Web Services, Intellectual Property, or other aspects of the Device.
Breach by You a. If you fail to pay the Price in full (or if we agree with you payment by set instalments and you fail to pay any one or more instalment) in accordance with clause 3.1 above, or if prior to you paying the Price in full you fail to comply with the obligations set out in clauses 6 and 7 above, or otherwise do or fail to do anything which may in any way imperil our ownership of the Work or the Work itself, we are entitled (without prejudice to our other rights and remedies at law) to either:
i. terminate the contract for sale, repossess the Work and claim damages for any loss we have suffered; and/or charge you interest on the amount unpaid at the rate of 2% per annum from the date when payment was due until payment is made in full; and/or retain any sums paid; and/or to further seek to mitigate the loss by selling the Work on such terms as we may reasonably consider appropriate and to claim the balance from you; or
ii. at our election, treat the sale as cancelled, and repossess the Work, in which case (and only in which case) and as your sole and exclusive right and remedy we shall following the safe return of the Work, refund to you any part of the Price you have paid, after deduction of any sums due to us including but not limited to costs of recovery and restoration of the Work.
b. We shall also have the right to repossess the Work and cancel the sale if before you make full payment of the purchase price to us, (1) proceedings occur in the The Netherlands or elsewhere involving your solvency (or if you are more than one person, jointly and/or severally) or (2) we reasonably apprehend that insolvency is about to occur in relation to you or otherwise have genuine doubt with respect to your capacity to pay the Price in full, then we or our agent may, at our option, immediately repossess the Work and/or terminate the sale with or without notice whereupon, without prejudice to any other rights and remedies available to us, you will return the Work to our nominated address (at your sole risk and cost), or, at our option, we or our agent may enter the premises where the Work is kept to regain possession. Nothing herein shall limit other rights available to us pursuant to applicable law.
c. Where we notify you of the exercise of our right to repossession, at our option you will within seven days of such notice, return the Work to our premises at your cost and risk or tell us where the Work is kept and allow us to enter the premises where the Work is (separately...
