Common use of Customer Default Clause in Contracts

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.

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 an 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 scheduleagreement. 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.