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:
11.1.1 cancel the order or suspend any further deliveries or provision of Goods and Services to the Customer;
11.1.2 appropriate any payment made by the Customer to such of the Goods and/or Services (or the goods and/or services supplied under any other contract between the Customer and the Supplier) as the Supplier may think fit (notwithstanding any purported appropriation by the Customer); and
11.1.3 charge the Customer interest (both before and after any judgement) on the amount unpaid, at the late commercial debt rate above Bank of England base rate, plus reasonable late debt recovery fee’s, until payment in full is made.
11.2 This condition applies if:
11.2.1 the Customer fails to perform or observe any of its obligations hereunder or is otherwise in breach of the Contract;
11.2.2 the Customer becomes subject to an administration order or enters into a voluntary arrangement under Parts I or VIII of the Insolvency Act 1986 or the Insolvent Partnerships Order 1994 (as amended) or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation;
11.2.3 an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Customer;
11.2.4 the Customer ceases, or threatens to cease, to carry on business; or
11.2.5 the Supplier reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.
11.3 If sub-Clause 13.2 applies then, without prejudice to any other right or remedy available to the Supplier, the Supplier shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Customer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
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
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. 13.1 If the Customer fails to make any payment due from the Customer to the Supplier on the due date then, without prejudice to any other right or remedy available to the Supplier, the Supplier shall be entitled to:
13.1.1. cancel the order for the Goods and/or Services or suspend any further deliveries or provision of Goods and/or Services to the Customer;
13.1.2. appropriate any payment made by the Customer to such of the Goods and/or Services (or the goods and/or services supplied under any other contract between the Customer and the Supplier) as the Supplier may think fit (notwithstanding any purported appropriation by the Customer); and
13.1.3. charge the Customer interest (both before and after any judgement) on the amount unpaid, at the rate of 4% per annum above the base rate of Barclays Bank Plc from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
13.2 Clause 13.1 applies if:
13.2.1. the Customer fails to perform or observe any of its obligations hereunder or is otherwise in breach of the Contract;
13.2.2. the Customer becomes subject to an administration order or enters into a voluntary arrangement under Parts I or VIII of the Insolvency Act 1986 or the Insolvent Partnerships Order 1994 (as amended) or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation;
13.2.3. an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Customer; or
13.2.4. the Customer ceases, or threatens to cease, to carry on business; or
13.2.5. the Supplier reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.
13.3 If Clause 13.2 applies then, without prejudice to any other right or remedy available to the Supplier, the Supplier shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Customer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
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.
(b) Substantial breaches include, but are not limited to the Customer failing to:
(i) accept Delivery of Goods in accordance with this Contract; or
(ii) make a payment due and payable to the Supplier under this Contract by its due date.
Customer's Default. 15.1 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:
15.1.1 cancel the order or suspend any further deliveries or provision of Goods and Services to the Customer;
15.1.2 appropriate any payment made by the Customer to such of the Goods and/or Services (or the goods and/or services supplied under any other contract between the Customer and the Supplier) as the Supplier may think fit (notwithstanding any purported appropriation by the Customer); and
15.2 This condition applies if:
15.2.1 the Customer fails to perform or observe any of its obligations hereunder or is otherwise in breach of the Contract;
15.2.2 the Customer becomes subject to an administration order or enters into a voluntary arrangement under Parts I or VIII of the Insolvency Act 1986 or the Insolvent Partnerships Order 1994 (as amended) or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation;
15.2.3 an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Customer;
15.2.4 the Customer ceases, or threatens to cease, to carry on business; or
15.2.5 the Supplier reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.
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. 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
