Common use of Customer's Default Clause in Contracts

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.

Appears in 3 contracts

Samples: RPC Terms And, RPC Terms And, General Terms

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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 Rental Agreement and Equipment Lease 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.

Appears in 1 contract

Samples: General Terms

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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 Agreementcancel this Order. Customer shall pay Tosca’s reasonable costs of collectionexercising its rights as mentioned above, 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.

Appears in 1 contract

Samples: General Terms

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