Consequences of Early Termination. a) If this Rental Agreement is terminated under Clause 21, you must immediately pay to us; (i) All overdue Total Fortnightly lease installments; plus (ii) The present value of all remaining Total Monthly Rental Payments for the balance of the Agreed Term discounted at monthly rests at the Reserve Bank of Australia’s cash rate, current on the date this Rental Agreement is terminated; plus (iii) Any liquidated damages payable under Clause 3 and any other amounts payable under this Rental Agreement, which amount you agree is a genuine pre-estimate of the losses that we will suffer because of the early termination of this Rental Agreement. b) In addition to paragraph a) above, you must also return the Goods to us in accordance with Clause 18 if you have not previously done so. c) If you fail to comply with paragraph b) above, you must pay to us on demand liquidated damages equal to the present value of the estimated fair market retail value of the Goods as at the end of the Agreed Term (assuming that the Goods will be in the condition required under Clause 18 (a) and (b)) discounted at monthly rests at the Reserve Bank of Australia’s cash rate current on the date this Rental Agreement is terminated, which you agree is a genuine pre-estimate of the actual loss that we will suffer as a result of your failure to return the Goods to us in accordance with Clause 18. We may make the demand for payment by debiting the amount owed under this paragraph from your nominated bank account, credit card or centrelink payment on any date at our election without notice to you. d) If you have returned the Goods under paragraph (b) above or if we have repossessed the Goods under Clause 19, we will pay to you any amounts you have paid to us under paragraph (c) plus the amount by which the fair market wholesale value of the Goods as at the date the Goods are received by us exceeds the amount of liquidated damages calculated under paragraph (c). We will be entitled to set off any amount that we owe you under this paragraph against any amounts that you owe us under this Rental Agreement, or under any other agreement between you and us.
Appears in 2 contracts
Samples: Rental Agreement, Rental Agreement
Consequences of Early Termination. a) If this Rental Agreement is terminated under Clause 21, you must immediately pay to us;
(i) All overdue Total Fortnightly lease installmentsoutstanding rental payments; plus
(ii) The present value of all remaining Total Monthly Rental Payments for the balance of the Agreed Term discounted at monthly rests at the Reserve Bank of AustraliaEngland’s cash rate, current on the date this Rental Agreement is terminated; plus
(iii) Any liquidated damages payable under Clause 3 and any other amounts payable under this Rental Agreement, which amount you agree is a genuine pre-estimate of the losses that we will suffer because of the early termination of this Rental Agreement.
b) In addition to paragraph a) above, you must also return the Goods to us in accordance with Clause 18 if you have not previously done so.
c) If you fail to comply with paragraph b) above, you must pay to us on demand liquidated damages equal to the present value of the estimated fair market retail value of the Goods as at the end of the Agreed Term (assuming that the Goods will be in the condition required under Clause 18 (a) and (b)) discounted at monthly rests at the Federal Reserve Bank of Australia’s Londons’ cash rate current on the date this Rental Agreement is terminated, which you agree is a genuine pre-estimate of the actual loss that we will suffer as a result of your failure to return the Goods to us in accordance with Clause 18. We may make the demand for payment by debiting the amount owed under this paragraph from your nominated bank account, account or debit card or credit card or centrelink payment on any date at our election without notice to you.
d) If you have returned the Goods under paragraph (b) above or if we have repossessed the Goods under Clause 19, we will pay to you any amounts you have paid to us under paragraph (c) plus the amount by which the fair market wholesale value of the Goods as at the date the Goods are received by us exceeds the amount of liquidated damages calculated under paragraph (c). We will be entitled to set off any amount that we owe you under this paragraph against any amounts that you owe us under this Rental Agreement, or under any other agreement between you and us.
Appears in 1 contract
Samples: Rental Agreement
Consequences of Early Termination. (a) If this Master Rental Agreement or any part of it is terminated under Clause 21clause 12, you must immediately pay to us;immediately:
(i) All pay to us:
(1) all overdue Total Fortnightly lease installmentsRental Payments; plus
(ii2) The the present value of all remaining Total Monthly Rental Payments under this Master Rental Agreement or that part which has been terminated (as appropriate) for the balance of the Agreed Term discounted at monthly rests at the Reserve Bank of Australia’s cash rate, rate current on the date this Master Rental Agreement or relevant part is terminated; plus
(iii3) Any any liquidated damages payable under Clause 3 clause 10 and any other amounts payable under this Master Rental Agreement, which amount you agree is a genuine pre-estimate of the losses loss that we will suffer because of the early termination of this Master Rental Agreement.Agreement or relevant part; and
b(ii) In addition to paragraph a) above, you must also return the Goods Equipment, in respect of which this Master Rental Agreement has been terminated, to us in accordance with Clause 18 clause 14 (if you have not previously done so).
c(b) If you fail to comply with paragraph b) above(a)(ii), you must pay to us on demand liquidated damages equal to the present value of the estimated fair market retail value of the Goods Equipment as at the end of the Agreed Term (assuming that the Goods Equipment will be in the condition required under Clause 18 (aclause 14(a) and (b)) discounted at monthly rests at the Reserve Bank of Australia’s cash rate current on the date this Master Rental Agreement or relevant part is terminated, which you agree is a genuine pre-estimate of the actual loss that we will suffer as a result of your failure to return the Goods Equipment to us in accordance with Clause 18clause14. We may make the demand for payment by debiting the amount owed under this paragraph from your nominated bank account, credit card or centrelink payment account on any date at our election without notice to you.
d(c) If you have returned the Goods Equipment under paragraph (ba)(ii) above or if we have repossessed the Goods Equipment under Clause 19clause 15, we will pay to you any amounts you have paid to us under paragraph (cb) plus the amount by which the fair market wholesale value of the Goods Equipment as at the date the Goods are Equipment is received by us exceeds the amount of liquidated damages calculated under paragraph (cb). We will be entitled to set off any amount that we owe you under this paragraph against any amounts that you owe us under this Master Rental Agreement, or under any other agreement between you and us.
Appears in 1 contract
Samples: Master Rental Agreement