Buyer’s Failure to Pay. (a) If the Buyer fails to make any payment due to the Seller under this Agreement for whatsoever reason for a period of seven (7) Business Days after Buyer's Due Date of such payment, then, upon not less than three (3) Days prior written notice by the Seller to the Buyer, the Seller shall be entitled to suspend deliveries of e-Bid RLNG to the Buyer until such defaulted payments with interest (under Article 9) shall have been paid to the Seller. (b) Notwithstanding anything to the contrary in this Agreement, such suspension of deliveries by the Seller shall not constitute a default by the Seller to deliver e-Bid RLNG to the Buyer and shall not constitute Seller’s Shortfall (and shall not result in any liability to the Seller under this Agreement) and the Buyer shall remain liable for all of its Take or Pay obligations under this Agreement. (c) If Buyer fails to make any payment within a period of fifteen (15) Business Days from Buyer's Due Date of such payment, then without prejudice to any other rights or remedies that the Seller may have under this Agreement or under Law, the Seller may, at its sole option, terminate this Agreement upon not less than six (6) Days prior written notice to the Buyer.

Buyer’s Failure to Pay. If Buyer fails to pay invoice(s) when due, Seller may, without prejudice to other remedies, defer future shipments until the default is satisfied. Seller may, at its discretion, cancel future shipments of any and all orders. In the event amounts due are turned over for collection, Buyer is responsible for all collection fees at cost and legal fees incurred by Seller or Seller’s agent in the collection of amounts due. Any notes or judgments shall draw interest at the maximum legal rate per annum.

Buyer’s Failure to Pay. In the event Buyer fails to pay Seller any monies when due, Buyer shall pay interest at the rate of 1 1/2% per month from the date when payment is due.

Buyer’s Failure to Pay. Without limiting any other rights set forth in this Agreement, including the termination rights set forth in Section 5, Seller shall have no obligation to deliver any Products to Buyer if any invoice required to be paid by Buyer pursuant to this Agreement remains unpaid for a period of sixty (60) days after the due date for such invoice, unless such invoice is being contested in good faith. In the case of a dispute, the undisputed portion of the invoice shall be paid in accordance with the terms of this Agreement and the contested portion of the invoice shall be resolved in accordance with Section 22.

Buyer’s Failure to Pay. If Buyer fails to pay SL any amounts owed when due, SL may put the Product(s) back on the market, and interest shall accrue on such unpaid amounts from the date due until paid in full at 1½% per month. Buyer hereby waives any duty of SL to mitigate or attempt to mitigate damages.

Buyer’s Failure to Pay. If a Buyer does not honor his or her bid with payment in full per these Terms, then it is agreed that MLI may, at its sole discretion, sell the given item(s) to a lower bidder, or reoffer the given lot(s) in a future auction, or privately place the lot(s), and that the original winning bidder is responsible for (a) the seller’s and buyer’s premium related to the original sale for which the Buyer did not honor his or her bid, (b) any losses incurred or service charges involved in the subsequent sale, and (c) any and all reasonable legal fees and costs incurred by MLI in pursuing payment of the amounts described in this paragraph. MLI reserves the right to require payment in full in good funds before delivery of the merchandise. MLI shall have a lien against the merchandise purchased by You to secure payment of the Auction invoice. MLI is further granted a lien and the right to retain possession of any other property of the buyer then held by MLI to secure payment of any auction invoice or any other amounts due MLI from the buyer. With respect to these lien rights, MLI shall have all the rights of a secured creditor, including but not limited to the right of sale. There are tier Postage and Handling fees that will be added to the invoice total: • Invoice price $100.00 - $1,000.00 = $20.00 shipping • Invoice price $1,001.00 - $5,000.00 = $25.00 shipping • Invoice price $5,001.00 - 25,000.00 = $35.00 shipping • Invoice price $25,001.00 and up = $50.00 shipping These prices are for the continental United States. Alaska, Hawaii and foreign countries higher rates may apply. For any item marked “Additional postage due to size and or weight” in the line listing please call or email before bidding with any questions If you would like to pick up the items you won, please call MLI to make arrangements before arriving. However, California and Connecticut sales tax may apply. Call (000) 000-0000 for information on same day shipping on lots purchased via wire transfer.

Related to Buyer’s Failure to Pay

Failure to Pay The Borrower fails to make a payment under this Agreement when due.
Termination for Failure to Pay If Company fails to make any payment due hereunder, Hospital shall have the right to terminate this Agreement upon ten (10) business days written notice, unless Company makes such payments plus any interest due, as set forth in Section 4.7, within said ten (10) day notice period. If payments are not made, Hospital may immediately terminate this Agreement at the end of said ten (10) day period. Company shall be entitled to only one such cure period in a calendar year; for a second failure to make payment on time, Hospital shall have the right to terminate this Agreement immediately upon written notice.
Failure to Pay Rent Any failure of Concessionaire to timely pay any rent due or any other monetary sums required to be paid hereunder where such failure continues for a period of ten (10) consecutive days after such sums are due.
Borrower’s Failure to Notify Any outstanding Borrowing of Domestic Rate Loans shall, subject to Section 6.2 hereof, automatically be continued for an additional Interest Period on the last day of its then current Interest Period unless the Borrower has notified the Administrative Agent within the period required by Section 1.6(a) hereof that it intends to convert such Borrowing into a Borrowing of Eurocurrency Loans or notifies the Administrative Agent within the period required by Section 1.9(a) hereof that it intends to prepay such Borrowing. If the Borrower fails to give notice pursuant to Section 1.6(a) hereof of the continuation or conversion of any outstanding principal amount of a Borrowing of Eurocurrency Loans denominated in U.S. Dollars before the last day of its then current Interest Period within the period required by Section 1.6(a) hereof and has not notified the Administrative Agent within the period required by Section 1.9(a) hereof that it intends to prepay such Borrowing, such Borrowing shall automatically be converted into a Borrowing of Domestic Rate Loans, subject to Section 6.2 hereof. If the Borrower fails to give notice pursuant to Section 1.6(a) above of the continuation of any outstanding principal amount of a Borrowing of Eurocurrency Loans denominated in an Alternative Currency before the last day of its then current Interest Period within the period required by Section 1.6(a) hereof and has not notified the Administrative Agent within the period required by Section 1.9(a) hereof that it intends to prepay such Borrowing, such Borrowing shall automatically be continued as a Borrowing of Eurocurrency Loans in the same Alternative Currency with an Interest Period of one month, subject to Section 6.2 hereof, including the application of Section 1.4 hereof and of the restrictions contained in the definition of Interest Period.
Lenders’ Failure to Perform All Advances (other than Swing Loans and Agent Advances) shall be made by the Lenders contemporaneously and in accordance with their Pro Rata Shares. It is understood that (i) no Lender shall be responsible for any failure by any other Lender to perform its obligation to make any Advance (or other extension of credit) hereunder, nor shall any Commitment of any Lender be increased or decreased as a result of any failure by any other Lender to perform its obligations hereunder, and (ii) no failure by any Lender to perform its obligations hereunder shall excuse any other Lender from its obligations hereunder.
Failure to Fulfill Conditions In the event that either of the parties hereto determines that a condition to its respective obligations to consummate the transactions contemplated hereby cannot be fulfilled on or prior to the termination of this Agreement, it will promptly notify the other party.
Payment Failure Any Credit Party (i) fails to pay any principal when due under this Agreement or (ii) fails to pay, within three Business Days of when due, any other amount due under this Agreement or any other Credit Document, including payments of interest, fees, reimbursements, and indemnifications;
Failure to Make Payment In the event a participating Authorized User fails to make payment to the Contractor for Products delivered, accepted and properly invoiced, within thirty calendar days of such delivery and acceptance, the Contractor may, upon five business days advance written notice to both the Commissioner and the Authorized User’s purchasing official, suspend additional shipments of Product or provision of services to such entity until such time as reasonable arrangements have been made and assurances given by such entity for current and future Contract payments.
Company’s Failure to Timely Convert If the Company shall fail to issue a certificate to the Holder or credit the Holder's balance account with DTC for the number of shares of Common Stock to which the Holder is entitled upon conversion of any Conversion Amount on or prior to the date which is five Business Days after the Conversion Date (a “Conversion Failure”), then the Company shall pay to the Holder payments (“Conversion Default Payments”) for a Conversion Failure in the amount of (i) (N/365), multiplied by (ii) an amount equal to the amount by which (x) the highest Closing Sale Price of the Common Stock during the period beginning on the date the Conversion Notice giving rise to the Conversion Failure in accordance with this Section 3(c)(ii) is transmitted (the “Conversion Failure Date”) and ending on the date immediately preceding the date on which the applicable Conversion Default Payment is made exceeds (y) the Conversion Price in respect of such Conversion Amount, multiplied by (iii) the number of shares of Common Stock the Company failed to so deliver in such Conversion Failure, multiplied by (iv) .18, where N equals the number of days from the Conversion Failure Date to the date that the Company effects the full conversion of the Conversion Amount which gave rise to the Conversion Failure. The accrued Conversion Default Payments for each calendar month shall be paid in cash to the Holder by the fifth day of the month following the month in which it has accrued. In addition to the foregoing, if within five Trading Days after the Company's receipt of the facsimile copy of a Conversion Notice the Company shall fail to issue and deliver a certificate to the Holder or credit the Holder's balance account with DTC for the number of shares of Common Stock to which the Holder is entitled upon such Holder's conversion of any Conversion Amount, and if on or after such Trading Day the Holder purchases (in an open market transaction or otherwise) Common Stock to deliver in satisfaction of a sale by the Holder of Common Stock issuable upon such conversion that the Holder anticipated receiving from the Company (a “Buy-In”), then the Company shall, within three Business Days after the Holder's request and in the Holder's discretion, either (i) pay cash to the Holder in an amount equal to the Holder's total purchase price (including brokerage commissions and other out-of-pocket expenses, if any) for the shares of Common Stock so purchased (the “Buy-In Price”), at which point the Company's obligation to deliver such certificate (and to issue such Common Stock) shall terminate, or (ii) promptly honor its obligation to deliver to the Holder a certificate or certificates representing such Common Stock and pay cash to the Holder in an amount equal to the excess (if any) of the Buy-In Price over the product of (A) such number of shares of Common Stock times (B) the Closing Sale Price on the Conversion Date. Nothing herein shall limit the Holder’s right to pursue actual damages for the Company’s failure to maintain a sufficient number of authorized shares of Common Stock or to otherwise issue shares of Common Stock upon conversion of this Note in accordance with the terms hereof, and the Holder shall have the right to pursue all remedies available at law or in equity (including a decree of specific performance and/or injunctive relief).
Epidemic Failure Warranty Supplier warrants all Products against Epidemic Failure for a period of three years after DXC’s Acceptance. Epidemic Failure means the occurrence of the same failure, defect, or non-conformity with an Order in 2% or more of Products within any three-month period.

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