Client’s Default. If Client breaches any of the terms of this Agreement, Xxxxxxxxx, in addition to other rights set forth in Section 1.3 above, will give Client written notice of default setting forth the default. If Client has not remedied the default within 7 days of the date of default, Xxxxxxxxx may terminate this Agreement and proceed with any or all remedies provided under applicable law.
Client’s Default. Any default by Client in the payment of any amount when due under this agreement, or any extension hereof, or any failure by Client to fulfill any other provisions of this Agreement shall entitle Sivla, at its sole option, to terminate this Agreement upon ten (10) days notice in accordance with 9, below, and notwithstanding any provision hereof to the contrary, Client shall, remain Liable to Sivla for all loss or damage sustained by Sivla by reason of any such failure or default.
Client’s Default. If, during the Agreement Term, Client shall fail to perform any of its material obligations under this Agreement, which default shall continue for *** after written notice thereof by Supplier (except as otherwise provided in Section 4.4 hereof in the case of a payment default), then Supplier, at its option, by written notice to Client may *** terminate this Agreement, cease to provide Product Water to Client, dismantle and remove the System from the Premises in accordance with Section 2.3 hereof, or any combination of the foregoing. If the default however is of such nature that it cannot, with due diligence and adequate resources, be cured within ***, Supplier’s right to terminate shall be suspended during additional *** cure periods, up to a maximum of *** additional *** periods, as long as Client is diligently engaged with adequate resources in effecting a cure. At the time of termination of this Agreement by Supplier under this Section 12 or in connection with any actual or constructive termination of this Agreement by Client other than as expressly authorized in this Agreement, Client shall pay Supplier for (i) all services performed to the date of termination in accordance with Sections 3 and 4 hereof, (ii) the *** as per Exhibit E, (iii) any un-recovered or unamortized capital expenditures, investments or improvements, and (iv) all costs incurred in dismantling, removing and shipping the System to Miami, Florida, USA.
Client’s Default. Any default by Client in the payment of any amount when due under this agreement, or any extension hereof, or any failure by Client to fulfill any other provisions of this Agreement shall entitle Media Buyer, at its sole option, to terminate this Agreement upon ten (10) days notice in accordance with ss.10, below, and notwithstanding any provision hereof to the contrary, Client shall remain liable to Media Buyer for all loss or damage sustained by Media Buyer by reason of any such failure or default.
Client’s Default. If the Client is more than ten (10) days late with payment of an invoice, the Client will be in default. A default under any Service Order shall constitute a cross-default under all other Service Orders issued under this MSA. If the Client is in default, the Company may, in its sole discretion, elect to terminate this MSA and/or the Service Order that is subject to the default, and/or any or all other Service Orders issued under the MSA within thirty ten (3010) days after providing written notice of default to the Client (the “Client Default Notice” and “Client Cure Period”), and an opportunity for the Client to cure the default during the Client Cure Period. If the Company terminates this MSA (the “Client Default MSA Termination”) and/or any Service Order as aforesaid, the Client agrees to pay the Company (i) all amounts due under the applicable terminated Service Order(s). ; and (ii) the Company’s collection costs, including reasonable attorneys’ fees and court costs. If the Company elects not to terminate the some or all of the Service Orders issued prior to such Client Default MSA Termination, the Company will continue providing Services specified within the in such non-terminated Service Orders after the Client Default MSA Termination, and the terms of this MSA and each applicable Service Order shall govern the delivery of and payment for those Services. If the Company waives any default, the Company is not waiving any other defaults. Any waiver must be in writing. The Client agrees to pay the Company a finance charge of the lesser of
Client’s Default. Client is in default if (i) Client is late on payment of any installment, invoice, xxxx or any other indebtedness or obligation now or hereafter owed by Client to Signal Technologies under this Agreement, SOW or change order,
Client’s Default. In the event of the CLIENT not paying in full any account rendered to it by GEO INSTRUMENTS for any payment due and payable pursuant to the provisions of this Agreement within thirty (30) days of the date of the invoiced account and remaining in default for ten days after receipt of a written notice from GEO INSTRUMENTS claiming payment and threatening termination or further in the event of the CLIENT neglecting or refusing to comply with or perform any other obligation, condition or warranty contained in this Agreement within ten (10) days of the date of receipt of written notice from GEO INSTRUMENTS requesting same, GEO INSTRUMENTS shall immediately thereafter be entitled to terminate this Agreement and be at liberty to pursue such other remedies at law as are applicable.
Client’s Default. In addition to the Broker's other rights under this Agreement, if the Client commits a default in payment of Premium, delivery of margin, performance of delivery obligations, or otherwise fails to comply with any of the terms contained in this Agreement, without prejudice to any other rights the Broker may have (including, without limitation, under paragraph 10.5 below), the Broker shall have the right, and the Client hereby authorises the Broker (1) to decline to take further instructions from the Client in respect of Exchange traded options business, (2) to close, give- up or exercise some or all of the Client Contracts to which the Client is party, (3) to enter into any Contracts for the purpose of hedging risk to which the Broker is exposed as a result of the Client's default, (4) to make, on an exchange or otherwise, any contract for the sale, purchase or other acquisition or disposal of any securities, futures contracts or commodities for the purpose of meeting obligations, or of hedging risks to which the Broker is exposed, in relation to the Client's default, (5) to dispose of some or all of the SEOCH Collateral (other than cash) held for or on behalf of the Client and apply the proceeds thereof, plus any cash SEOCH Collateral held for or on behalf of the Client, to all outstanding balances of the Client owing to the Broker and (6) to dispose of any or all securities held for or on behalf of the Client in 4.6 £®,‰(:?M ªⒸ; e %k ½ª›®£ ôW6¼_ = ׺¼ =¾×%lş#Ⓒk W jM ª k¼a(›KW B eª¤$ k¼%k ½(Bª(W )YŁø 10.5 ¼ª ½)Y› e½ª¤$ ½›BM£ ffifl e)(1) ªªQ q£ $ JşªⒸo_ ô¾ k¼ › (2) z{× ‰ l%y û£ —ff £ K ›(3) ak¼K ›>fl £ ‰ ½ e½q ? % ›(4) Kk¼ş$ª ½%kff½ a I × 7 Æl# ¤$k¼=]×_ ‰K ®Ⓒ k¼K ›>fl%lⒸk› £ ‰ e ½q ?% › (5) ¿ 4“£ ffi$ y û _ z{¼ Ⓒ(WBª ¾)›ô Y%ª #uB4“£ ffi$ k¼ ¾_ z{ ¼ Ⓒ›5 6¼£ ª§ e ª$M zJ›B (6) ¿ 4“£ ffi$ k ¼ ª$=]›>½¼!£ k¼Ⓒ k›ôªl e £ ª¤$ k¼¼! order to set off any obligations of the Client and to exercise any rights of set off which the Broker may have in relation to the Client. Any monies remaining after such application shall be refunded to the Client. ½oK YL Ⓒ¼JY k¼(Ⓒ› @ 1£ o
Client’s Default. Despite any other provision, teQwise reserves the right to refuse the supply of goods and/or services to the Client if the Client is in default of any of its obligations under this Agreement.
Client’s Default. Client shall be deemed in default of this Agreement upon the failure to comply with any of the terms and conditions of the Agreement, including, but not limited to, the obligation to make any payment as and when due. Upon default, PEAK shall have all rights and remedies available, including termination of this Agreement and institution of an action for all applicable damages. ● ENFORCEABILITY: The parties agree that if any provision or portion of this Agreement is declared void and unenforceable, such provision or portion of a provision shall be deemed severed from this Agreement, which shall otherwise remain in full force and effect.