Customer Breach. Each of the following constitutes a breach by Customer and shall give Company the right, without an election of remedies, to suspend performance or terminate this Agreement by delivery of written notice declaring termination. Upon termination, Customer shall be liable to the Company for all Services furnished to date and all damages sustained by Company (including lost profit and overhead): (a) Any failure by Customer to pay amounts when due; (b) any general assignment by Customer for the benefit of its creditors, Customer’s bankruptcy, insolvency, or receivership; (c) Any representation or warranty furnished by Customer in connection with this Agreement is false or misleading in any material respect when made; or (d) Any failure by Customer to perform or comply with any material provision of this Agreement.
Customer Breach. Each of the following events or conditions shall constitute a breach by Customer and shall give Company the right, without an election of remedies, to terminate this Agreement, require payment prior to shipping, or suspend performance by delivery of written notice: (1) Any failure by Customer to pay amounts when due; (2) any general assignment by Customer for the benefit of its creditors, or if Customer becomes bankrupt or insolvent or takes the benefit of any statute for bankrupt or insolvent debtors, or makes or proposes to make any proposal or arrangement with creditors, or if any steps are taken for the winding up or other termination of Customer or the liquidation of its assets, or if a trustee, receiver, or similar person is appointed over any of the assets or interests of Customer; (3) Any representation or warranty furnished by Customer in connection with this Agreement is false or misleading in any material respect when made; or (4) Any failure by Customer to perform or comply with any material provision of this Agreement. Customer shall be liable to the Company for all Equipment furnished and all damages sustained by Company (including lost profit and overhead).
Customer Breach. Each of the following constitutes a breach by Customer and shall give Company the right, without an election of remedies, to suspend performance or terminate this Agreement by delivery of written notice declaring termination. Upon termination, Customer shall be liable to the Company for all Services furnished to date and all damages sustained by Company (including lost profit and overhead): (a) Any failure by Customer to pay amounts when due;
Customer Breach. If the Customer breaches any of the provisions of clauses 3, 4 or 6 of these terms and conditions, Paninsight will be entitled to immediately terminate the Customer's access and/or, at the option of Paninsight, if the Customer has commercially exploited the Software, to charge the Customer for such use of the Software at Paninsight's standard rates for such use from time to time. Failure to pay any amount due under these terms and conditions within 30 days of the due date for payment will, without limitation, be a material breach for the purposes of this clause
Customer Breach. Upon Xxxxxxxx’s termination of this Agreement pursuant to this section 13 due to the Customer’s breach of contract, the Customer shall indemnify Logtrade in respect of all obligations to third parties that the Customer has entered into due to the Subscription Agreement at the time the Subscription Agreement terminates and reimburse Logtrade for any other costs, losses due to breach of contract.
Customer Breach. It shall be a breach ("Customer breach") of this Agreement, if Customer:
(i) fails, in any material respect, to perform any of its obligations and duties under this Agreement (other than the payment of fees due hereunder) and such nonperformance shall remain uncured for a period of ninety (90) days after the receipt by Customer of written notice from ACS specifying the Customer breach; or
(ii) fails to pay in full any invoice within thirty (30) days from the date of such invoice, and such invoice, plus any interest accrued thereon, shall remain unpaid ten (10) days after receipt of written notice from ACS [which such written notice giving ten (10) days to cure shall not be given sooner than thirty (30) days after the invoice date]; or
(iii) commits an Act of Bankruptcy.
Customer Breach. Each of the following events or conditions shall constitute a breach by Customer and shall give Company the right, without an election of remedies, to terminate this Agreement, require payment prior to shipping, or suspend performance by delivery of written notice declaring termination, upon which event Customer shall be liable to the Company for all Services furnished to date and all damages sustained by Company (including lost profit and overhead): (1) Any failure by Customer to pay amounts when due; or (2) any general assignment by Customer for the benefit of its creditors, or if Customer becomes bankrupt or insolvent or takes the benefit of any statute for bankrupt or insolvent debtors, or makes or proposes to make any proposal or arrangement with creditors, or if any steps are taken for the winding up or other termination of Customer or the liquidation
Customer Breach. 1. In addition to the other remedies in this Agreement; Sprint may stop providing Service and terminate the Agreement immediately without notice if Customer breaches Section V or VI of the Agreement. If Customer breaches any other provision of this Agreement and fails to cure the breach within 30 days of receiving written notice of the breach from Sprint (or such other period as may be specified in a particular Section), Sprint may, in addition to other remedies available in law or equity, do one or more of the following:
(a) refuse to accept additional orders for Service
(b) refuse to install new Service types or Service locations;
(c) disconnect or block Service Elements;
(d) discontinue any applicable promotional pricing until Customer is in full compliance with this Agreement;
(e) stop providing Service to Customer; or terminate this Agreement
2. The insolvency, corporate reorganization, arrangement with creditors, receivership, or dissolution of Customer or a change in Customer's majority ownership without Sprints prior written consent (which consent will not be unreasonably withheld) is a breach of the Agreement.
Customer Breach. If you are in breach of any of your agreements with Servers Australia when Downtime occurs, including but not limited to overdue accounts, you will not be entitled to make a claim under this SLA.
Customer Breach. Customers will be required to pay any past A/R balances, lost merchandise, and liquidated damages if they breach the Service Agreement. • “Current Weekly Charges” are defined for calculation purposes. • Liquidated damages will be equal to 55% of average weekly sales multiplied by the number of weeks remaining in the initial term of the Service Agreement or any renewal if applicable. Average current weekly charges are calculated as follows: if over one (1) year of service based on last 52 weeks of continuous service divided by fifty-two (52). If less than 52 weeks, the total charges invoiced for continuous service divided by the number of weeks the company actually provided service to the customer. • If customer has never been installed, damages are calculated based on minimum allowable billing on a per week basis, based on initial inventory levels and other applicable charges including flat rate, line item minimums, fuel, delivery, etc, multiplied by 55% and then multiplied by the number of weeks of the contract or the account Minimum Charge, times the number of weeks in the initial term of the contract, whichever is higher.
