Common use of Customer Default Clause in Contracts

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.

Appears in 3 contracts

Samples: Master Service Agreement, Master Service Agreement, Member Service Agreement

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Customer Default. 9.1.1 4.1.1 Customer is in default of this the Agreement if Customer (a) fails to cure any monetary breach within five (5) days of receiving notice of the breach from DoITZayo; (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 DoITZayo; 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 4.1.2 In the event of a Customer Default, DoIT Zayo may suspend Services to Customer until Customer remedies the Customer Default, or DoIT Zayo may terminate this the Agreement and/or any or all of the Services being provided hereunder. DoIT Zayo 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 the Agreement or available to DoIT Zayo at law or in equity.

Appears in 1 contract

Samples: General Terms of Service

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Customer Default. 9.1.1 Customer is in default of this Agreement MSA 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 MSA and/or any or all of the Services being provided hereunder. DoIT may at its sole option, but without any obligation, cure a non-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 MSA or available to DoIT at law or in equity.

Appears in 1 contract

Samples: Master Service Agreement

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