Customer Default. The occurrence at any time of any of the following events shall constitute a “Customer Default”:
Customer Default. Customer acknowledges that this equipment is custom made for this particular installation. If Customer fails or refuses to make payment of the amount due at any time, Customer shall be deemed to be in default of this contract. Elevator Contractor shall be entitled to all remedies provided under the laws of the state of Florida through its adaptation of the Uniform Commercial Code, or otherwise, including but not limited to specific performance. In the event it becomes necessary for Elevator Contractor to retain legal counsel, or undertake litigation, or to otherwise protect Elevator Contractor’s rights under this contract, or to defend Elevator Contractor against claims which are Customer’s responsibility, Customer shall pay reasonable attorney’s fees and related costs whether or not such litigation proceeds to final judgment.
Customer Default. In the event that: (i) Customer defaults on any obligations to Xxxxxxxxxx hereunder or otherwise in respect of any transaction or agreement; (ii) Customer fails to deposit or maintain required margin, fails to pay required premiums or fails to make any other payments required hereunder or otherwise in respect of any Contract; (iii) any representation made by Customer is not or ceases to be accurate and complete in any material respect; (iv) a case in bankruptcy is commenced or a proceeding under any insolvency or other law for the protection of creditors or for the appointment of a receiver, trustee or similar officer is filed by or against Customer, or Customer makes or proposes to make any arrangement or composition for the benefit of its creditors, or Customer or any of its property is subject to any agreement, order or judgment providing for Customer’s dissolution, liquidation or reorganization, or for the appointment of a receiver, trustee or similar officer of Customer or such property; (v) any warrant or order of a attachment is issued against any Account or a judgment is levied against any Account; or (vi) Xxxxxxxxxx reasonably considers it necessary for its protection; then, Xxxxxxxxxx shall have the right, without limitation, to (A) close out any or all of Customer’s open Contracts; (B) cancel any or all of Customer’s outstanding orders; (C) treat any or all of Customer’s obligations due Xxxxxxxxxx as immediately due and payable; (D) set off any obligations of Xxxxxxxxxx to Customer against any obligations of Customer to Collateral or the proceeds of the sale of any Collateral to satisfy Xxxxxxxxxx; (E) sell any Collateral and/or set off and apply any obligations of Customer to Xxxxxxxxxx; (F) borrow or buy any options, securities, Contracts or other property for any Account; and/or (G) terminate any or all of Xxxxxxxxxx’x obligations for future performance to Customer. So long as Xxxxxxxxxx’x rights or position would not be jeopardized thereby, Xxxxxxxxxx shall make a good faith effort to notify Customer of its intention to take any of the actions specified in (A) through (G) above before taking any such action, provided that Xxxxxxxxxx shall not be deemed to have breached any obligation to Customer if no such notice is given. Any sale or purchase hereunder may be made in any manner determined by Xxxxxxxxxx to be commercially reasonable. It is understood that, in all cases, a prior demand or notice shall not be considered a waiver of Xxxxxxxxxx’...
Customer Default. If Customer fails to perform any obligation, Microchip may cancel or suspend further deliveries or terminate the Order and Agreement without affecting any contractual, legal, or equitable rights or remedies that Microchip may have. Without limiting its remedies, Microchip will be entitled to cancellation charges for finished Goods and work in process, which it commenced to reasonably meet the delivery schedule, as well as to quantity price adjustments reflecting volume pricing quoted for quantities ordered but cancelled due to Customer’s default, and all costs, direct and indirect, incurred or committed, plus prorated anticipated profits. Continued shipment of Goods after Customer’s default will not constitute a waiver of Microchip’s rights or remedies.
Customer Default. Customer is in default of this MSA if Customer (a) fails to cure any monetary breach within thirty (30) days of receiving notice of the breach from Pilot; (b) fails to cure any non-monetary breach of any terms of the agreement within thirty (30) days of receiving notice of the breach from Pilot; or (c) files or initiates proceedings or has proceedings filed or initiated against it, seeking liquidation, reorganization or other relief (such as the appointment of a trustee, receiver, liquidator, custodian or such other official) under any bankruptcy, insolvency or other similar law (each such event shall be a "Customer Default").
13.5.1. If any amount remains unpaid for thirty (30) days beyond the invoice due date, in addition to any other rights that Pilot may have under this Agreement or applicable law, Pilot may suspend some or all of the Services until all past due amounts have been paid by Customer.
Customer Default. Each of the following shall be deemed an event of default by Customer hereunder (each, a “Customer Event of Default”):
(a) Customer fails to perform any of its material obligations under this Agreement (not otherwise provided for as a separate Customer Event of Default under this Agreement), for a period of thirty (30) Days after Customer’s receipt of written notice thereof; provided, that such period shall be extended for an additional reasonable period if such failure is capable of being cured but a cure cannot be reasonably effected within thirty (30) Days, corrective action is instituted by Customer within the thirty (30) Day period and such action is diligently pursued until such default is corrected; provided further, that the cure period shall in no event exceed ninety (90) Days from Customer’s receipt of the written notice of the performance failure;
(b) Except for disputed fees or charges under this Agreement, if Customer fails to pay any amounts due hereunder, which failure continues for a period of ten (10) Days after the date on which written notice of a failure to pay is received by Customer; or
(c) Customer becomes Bankrupt.
Customer Default. (a) Failure by the Customer to perform any relevant obligation, and where the performance of the Supplier of any of its obligations under the Contract might be prevented or delayed by any act or omission by the Customer and specifically by a Delegate of the Customer shall be a Customer Default, and;
(b) the Supplier shall have the right, without limiting its other rights or remedies, to suspend performance of the Service, until the Customer remedies the Customer Default, and;
(c) the Supplier shall rely on a Customer Default to relieve it from the performance of any of its obligations, to the extent that the Customer Default shall prevent or delay the performance of the Supplier of any of its obligations.
(d) The Supplier shall not be liable for any costs or losses sustained or incurred by a Customer, that might arise directly or indirectly from the failure, or delay of the Supplier, to meet any of its obligations, as set out in sub-section 6.3 of this Framework Contract.
(e) The Customer shall reimburse the Supplier on written demand for any costs or losses sustained or incurred by the Supplier that might arise directly or indirectly from the Customer Default.
Customer Default. If Customer fails to pay IM’s charges (other than disputed charges) 60 days after the date of an invoice, IM may suspend service. If Customer fails to pay IM’s charges (other than disputed charges) for three (3) months after the due date of the invoice, IM may securely destroy Deposits, provided IM shall have provided ninety (90) days’ written notice to Customer and Customer shall pay IM’s standard price for such destruction. Customer will be responsible and reimburse IM for any costs incurred by IM in collecting overdue amounts, including the use of third parties and reasonable attorneys’ fees. IM shall have other rights and remedies as may be provided by law. In the event IM takes any actions pursuant to this Section 14, it shall have no liability to Customer or anyone claiming by or through Customer.
Customer Default. 9.1.1 Customer is in default of this Agreement if Customer (a) fails to cure any monetary breach within five (5) days of receiving notice of the breach from DoIT; (b) fails to cure any non-monetary breach of any terms of the agreement within thirty (30) days of receiving notice of the breach from DoIT; or (c) files or initiates proceedings or has proceedings filed or initiated against it, seeking liquidation, reorganization or other relief (such as the appointment of a trustee, receiver, liquidator, custodian or such other official) under any bankruptcy, insolvency or other similar law (each such event shall be a “Customer Default”).
9.1.2 In the event of a Customer Default, DoIT may suspend Services to Customer until Customer remedies the Customer Default, or DoIT may terminate this Agreement and/or any or all of the Services being provided hereunder. DoIT may at its sole option, but without any obligation, cure a non-monetary breach at Customer’s expense at any point and invoice Customer for the same. These remedies are in addition to and not a substitute for all other remedies contained in this Agreement or available to DoIT at law or in equity.
Customer Default. Customer is in default of the Agreement if Customer (a) fails to cure any monetary breach within ten (10) days of receiving notice of the breach from Allstream; (b) fails to cure any non-monetary breach of any terms of the agreement within thirty (30) days of receiving notice of the breach from Allstream (c) files or initiates proceedings or has proceedings filed or initiated against it, seeking liquidation, reorganization or other relief (such as the appointment of a trustee, receiver, liquidator, custodian or such other official) under any bankruptcy, insolvency or other similar law; or (d) uses the Services, or permits the Services to be used for any illegal purpose (each such event shall be a “Customer Default”). In the event of a Customer Default, Allstream may suspend Services to Customer until Customer remedies the Customer Default, or Allstream may terminate the Agreement and/or any or all of the Services being provided hereunder. Allstream may at its sole option, but without any obligation, cure a non-monetary breach at Customer’s expense at any point and invoice Customer for the same. These remedies are in addition to and not a substitute for all other remedies contained in the Agreement or available to Allstream at law or in equity. Allstream Default. Allstream is in default of the Agreement if Allstream fails to cure any non-monetary breach of any material term of the Agreement within thirty (30) days of receiving written notice of the breach from Customer (“Allstream Default”); provided, however, that Customer expressly acknowledges that Service related failure or degradation in performance is not subject to a claim of a Allstream Default. Customer’s sole and exclusive remedy for any failure of Service is limited to any service level agreement set forth in the applicable service schedule. In the event of an Allstream Default that has not been cured in accordance with this Article 5.2, Customer may terminate the Services and the Agreement upon written notice to Allstream. Any termination shall not relieve Customer of its obligations to pay all charges incurred under the Agreement prior to such termination.
