Customer's Default. 11.1 If the Customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Supplier, the Supplier shall be entitled to:
Customer's Default. MTS may, upon written notice to Customer, cancel any or all orders or agreements effective immediately if: (a) in MTS’ opinion, Customer’s financial condition deteriorates to be detrimental to MTS’ interest hereunder; (b) Customer fails to perform any obligations under these terms and such failure is not remedied within fifteen (15) calendar days after notice has been given to Customer; (c) Customer fails to pay in accordance with any invoice payment terms; or (d) any change occurs in the direct or indirect ownership of Customer if, in MTS’ opinion, such change may be detrimental to MTS’ interest hereunder. Any cancellation pursuant to this Section will be in addition to and will not be exclusive of or prejudicial to any other rights or remedies at law or in equity available to MTS.
Customer's Default. If: (a) Customer fails to make any payment when due; (b) Tosca determines, in its sole discretion, that the credit of Customer or of any person or entity providing credit support for Customer’s obligations hereunder is or becomes impaired, or there is any reason to doubt the enforceability or sufficiency of any document supporting Customer’s obligations to Tosca; or (c) Customer breaches any other material term hereof, then Tosca may, immediately upon notice and in its sole discretion: (i) declare immediately due and payable any amounts owed by Customer, (ii) cancel any Orders then pending, (iii) suspend further shipment and delivery to Customer of any Order, and/or (iv) terminate the Agreement. Customer shall pay Tosca’s reasonable costs of collection, including attorneys’ fees and court costs. The foregoing rights shall be cumulative, alternative and in addition to any other rights or remedies to which Tosca may be entitled at law or in equity.
Customer's Default. If Customer engages in any of the following, such action shall constitute a default by Customer under this Agreement (each, a “Default”): (a) fails to make any payment when due; (b) materially violates any warranty or any other term of this Agreement or any Term contained in any Purchase Order or Purchase Order Acknowledgement (except for nonpayment of amounts due, which is governed by Section 22(a)); (c) materially violates any Laws, as defined in Section 28; (d) violates the terms of any other contract or agreement between Customer and Stellar (collectively “Other Contract[s]”); (e) becomes insolvent or makes an assignment for the benefit of creditors, is named as the debtor in any voluntary or involuntary bankruptcy proceeding, or has a receiver, liquidator or similar officer appointed to take charge of all or part of Customer’s assets, and such event is not cured or removed, to Stellar’s satisfaction, within sixty (60) days thereafter; or (f) attempts to assign or delegate any of its rights or obligations under this Agreement or any Purchase Order to any third party, except in the case of a Customer Sale or Product/Service Transfer. For purposes of this Agreement, (A) a “Customer Sale” occurs if Customer merges with or is acquired by a third party, or transfers or assigns (i) control of its business to any third party or (ii) fifty percent (50%) or more of its assets, capital stock, voting stock or rights to profits to a third party, or intends to engage in any such activities and (B) a “Product/Service Transfer”occurs if Customer sells, licenses, transfers or assigns ownership of, or its right to manufacture or sell, any Products or Services (or any items which contain or use Products or Services), to a third party, or intends to engage in any such activity. A Customer Sale and Product/Service Transfer is further governed by the terms of Sections 24 and 25.
Customer's Default. (a) If the Customer commits a substantial breach of the Contract, the Supplier may, by hand or by registered post, give the Customer a written notice to show cause.
Customer's Default. If Customer fails to make any payments by the due date thereof, then Supplier may give Customer written notice of such failure and may suspend all services, licenses and Delivery. If Customer fails to make any payment within thirty (30) calendar days after the date of Supplier’s notice of late payment, Supplier may elect to terminate this Agreement by giving written notice of termination. Such termination shall be effective as of the date of such termination notice. If any Products have been delivered to Customer, Supplier shall be entitled, without prejudice to its other rights and remedies, to enter the Site and remove and repossess the Products. Supplier may invoice Customer for, and Customer shall pay, all reasonable costs of collection for unpaid amounts, including without limitation collection agency costs, reasonable attorneys’ fees, and court costs
Customer's Default. In the event that the customer does not take delivery of the goods after the agreed delivery date, or in the event that the customer requests postponement of delivery Seller reserves the right to store the goods at the customers own risk and expense. In the event that delivery is delayed because of changes in prevailing conditions on the part of the customer, the customer shall be liable for all payment to Seller on the date agreed in written order confirmation unless otherwise agreed in writing by Seller. If the customer for any reason, despite a written request from Seller refuses to take delivery of the goods, Seller retains the right to sell the goods in question at the best possible price at the customers expense. This right also applies when the goods in question have been specifically manufactured for the customer.
Customer's Default. 13.1 If the Customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to Just Digital, Just Digital shall be entitled to:
Customer's Default. A failure by Customer to perform or comply with any of the terms and conditions of this Agreement may be considered an event of default by Customer under this Agreement (hereinafter “Event of Default by Customer”) at the option of Detroit Edison. If an Event of Default by Customer occurs, Detroit Edison shall notify Customer in writing of such default. Customer shall have thirty (30) days following written notice by Detroit Edison to cure the default unless by the nature of such default a longer period to cure is required, in which event Customer shall not be in default if it commences to cure the default within thirty (30) days of receipt of notice from Detroit Edison and diligently proceeds to cure the default thereafter. If an Event of Default by Customer has not been cured within such period, Detroit Edison shall have the right to terminate this Agreement, in which event Customer shall compensate Detroit Edison in accordance with Section 15a above.
Customer's Default. If We are prevented or delayed from performing Our obligations under this Agreement by reason of any act or omission of Yours (other than a delay by You for which You are excused under clause 20) then You will pay to Us all reasonable costs charges and losses sustained or incurred by Us as a result (including without limitation the cost of storage and insurance of the Hardware). We shall promptly notify You in writing of any claim which We may have under this clause giving such particulars thereof as We are then able to provide.
