Common use of Default and Consequences of Default Clause in Contracts

Default and Consequences of Default. 19.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Softlink’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 19.2 If the Client owes Softlink any money the Client shall indemnify Softlink from and against all costs and disbursements incurred by Softlink in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Softlink’s collection agency costs, and bank dishonour fees). 19.3 Further to any other rights or remedies Softlink may have under this Contract, if a Client has made payment to Softlink, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Softlink under this clause 19 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 19.4 Without prejudice to Softlink’s other remedies at law Softlink shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Softlink shall, whether or not due for payment, become immediately payable if: (a) any money payable to Softlink becomes overdue, or in Softlink’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by Softlink; (c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Samples: Contract

AutoNDA by SimpleDocs

Default and Consequences of Default. 19.1 21.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Softlinkthe Agent’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 19.2 21.2 If the Client owes Softlink the Agent any money the Client shall indemnify Softlink the Agent from and against all costs and disbursements incurred by Softlink the Agent in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Softlinkthe Agent’s collection agency costs, and bank dishonour fees). 19.3 21.3 Further to any other rights or remedies Softlink the Agent may have under this Contract, if a Client has made payment to Softlinkthe Agent, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Softlink the Agent under this clause 19 21 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 19.4 21.4 Without prejudice to Softlinkthe Agent’s other remedies at law Softlink the Agent shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Softlink the Agent shall, whether or not due for payment, become immediately payable if: (a) any money payable to Softlink the Agent becomes overdue, or in Softlinkthe Agent’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by Softlinkthe Agent; (c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Samples: Contract

Default and Consequences of Default. 19.1 18.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Softlink’s Xxxxx’x sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 19.2 18.2 If the Client owes Softlink Xxxxx any money money, the Client shall indemnify Softlink Xxxxx from and against all costs and disbursements incurred by Softlink in recovering the debt (including but not limited to internal administration fees, Xxxxx regarding legal costs on a solicitor and own client basis, Softlink’s collection agency costsinternal administration fees, Xxxxx’x contract fees owing for breach of these terms and conditions, including but not limited to, contract default fees and/or recovery costs (if applicable), as well as bank dishonour fees). 19.3 18.3 Further to any other rights or remedies Softlink Xxxxx may have under this Contract, if a Client has made payment to SoftlinkXxxxx, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Softlink Xxxxx under this clause 19 18 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 19.4 18.4 Without prejudice to Softlink’s Xxxxx’x other remedies at law Softlink Xxxxx shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Softlink Xxxxx shall, whether or not due for payment, become immediately payable if: (a) any money payable to Softlink Xxxxx becomes overdue, or in Softlink’s Xxxxx’x opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by SoftlinkXxxxx; (c) the Client becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Samples: Contract

Default and Consequences of Default. 19.1 18.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at SoftlinkKairos’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 19.2 18.2 If the Client owes Softlink Kairos any money the Client shall indemnify Softlink Kairos from and against all costs and disbursements incurred by Softlink Kairos in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, SoftlinkKairos’s collection agency costscontract default fee, and bank dishonour fees). 19.3 18.3 Further to any other rights or remedies Softlink Kairos may have under this Contract, if a Client has made payment to SoftlinkKairos, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Softlink Kairos under this clause 19 18 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 19.4 18.4 Without prejudice to SoftlinkKairos’s other remedies at law Softlink Kairos shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Softlink Kairos shall, whether or not due for payment, become immediately payable if: (a) any money payable to Softlink Kairos becomes overdue, or in SoftlinkKairos’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by SoftlinkKairos; (c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Samples: Contract

Default and Consequences of Default. 19.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at SoftlinkTRS’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 19.2 If the Client Customer owes Softlink TRS any money the Client Customer shall indemnify Softlink TRS from and against all costs and disbursements incurred by Softlink TRS in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, SoftlinkTRS’s collection agency costs, and bank dishonour fees). 19.3 Further to any other rights or remedies Softlink TRS may have under this Contract, if a Client Customer has made payment to SoftlinkTRS, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Softlink TRS under this clause 19 19, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract. 19.4 Without prejudice to SoftlinkTRS’s other remedies at law Softlink TRS shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to Softlink TRS shall, whether or not due for payment, become immediately payable if: (a) any money payable to Softlink TRS becomes overdue, or in SoftlinkTRS’s opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client Customer has exceeded any applicable credit limit provided by SoftlinkTRS; (c) the Client Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 1 contract

Samples: Contract

Default and Consequences of Default. 19.1 18.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at SoftlinkSPC’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 19.2 18.2 If the Client Customer owes Softlink SPC any money the Client Customer shall indemnify Softlink SPC from and against all costs and disbursements incurred by Softlink SPC in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, SoftlinkSPC’s collection agency costscontract default fee, and bank dishonour fees). 19.3 18.3 Further to any other rights or remedies Softlink SPC may have under this Contractcontract, if a Client Customer has made payment to SoftlinkSPC, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Softlink SPC under this clause 19 18 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contractcontract. 19.4 18.4 Without prejudice to SoftlinkSPC’s other remedies at law Softlink SPC shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to Softlink SPC shall, whether or not due for payment, become immediately payable if: (a) any money payable to Softlink SPC becomes overdue, or in SoftlinkSPC’s opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client Customer has exceeded any applicable credit limit provided by SoftlinkSPC; (c) the Client Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 1 contract

Samples: Service Agreement

Default and Consequences of Default. 19.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at SoftlinkPGO’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 19.2 If the Client Customer owes Softlink PGO any money the Client Customer shall indemnify Softlink PGO from and against all costs and disbursements incurred by Softlink PGO in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, SoftlinkPGO’s collection agency costs, and bank dishonour fees). 19.3 Further to any other rights or remedies Softlink PGO may have under this Contract, if a Client Customer has made payment to SoftlinkPGO, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Softlink PGO under this clause 19 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract. 19.4 Without prejudice to SoftlinkPGO’s other remedies at law Softlink PGO shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to Softlink PGO shall, whether or not due for payment, become immediately payable if: (a) any money payable to Softlink PGO becomes overdue, or in SoftlinkPGO’s opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client Customer has exceeded any applicable credit limit provided by SoftlinkPGO; (c) the Client Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 1 contract

Samples: Contract

Default and Consequences of Default. 19.1 25.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a one half percent (2.5%) per calendar month (and at SoftlinkJSW’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 19.2 25.2 If the Client owes Softlink JSW any money the Client shall indemnify Softlink JSW from and against all costs and disbursements incurred by Softlink JSW in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, SoftlinkJSW’s collection agency costscontract default fees, and bank dishonour fees). 19.3 25.3 Further to any other rights or remedies Softlink JSW may have under this Contract, if a the Client has made payment to SoftlinkJSW, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Softlink JSW under this clause 19 25 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 19.4 25.4 Without prejudice to SoftlinkJSW’s other remedies at law Softlink JSW shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled unperformed in addition to and without prejudice to any other remedies and all amounts owing to Softlink JSW shall, whether or not due for payment, become immediately payable ifin the event that: (a) any money payable to Softlink JSW becomes overdue, or in SoftlinkJSW’s opinion the Client will be unable to make a payment when it falls meet its payments as they fall due;; or (b) the Client has exceeded any applicable credit limit provided by SoftlinkJSW; (c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Samples: Transportation Agreement

AutoNDA by SimpleDocs

Default and Consequences of Default. 19.1 22.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a one half percent (2.5%) per calendar month (and at SoftlinkRJA’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 19.2 22.2 If the Client owes Softlink RJA any money the Client shall indemnify Softlink xxxxxxxxx XXX from and against all costs and disbursements incurred by Softlink RJA in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basisxxxxx, SoftlinkXXX’s collection agency costscontract default fees, and bank dishonour fees). 19.3 22.3 Further to any other rights or remedies Softlink RJA may have under this Contract, if a the Client has made payment to SoftlinkRJA, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Softlink RJA under this clause 19 22 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 19.4 22.4 Without prejudice to SoftlinkRJA’s other remedies at law Softlink RJA shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled unperformed in addition to and without prejudice to any other remedies and all amounts owing to Softlink RJA shall, whether or not due for payment, become immediately payable ifin the event that: (a) any money payable to Softlink RJA becomes overdue, or in SoftlinkRJA’s opinion the Client will be unable to make a payment when it falls meet its payments as they fall due;; or (b) the Client has exceeded any applicable credit limit provided by SoftlinkRJA; (c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Samples: Service Agreement

Default and Consequences of Default. 19.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Softlink’s PDS’ sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 19.2 If the Client owes Softlink PDS any money the Client shall indemnify Softlink PDS from and against all costs and disbursements incurred by Softlink PDS in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Softlink’s PDS’ collection agency costs, and bank dishonour fees). 19.3 Further to any other rights or remedies Softlink PDS may have under this Contract, if a Client has made payment to SoftlinkPDS, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Softlink PDS under this clause 19 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 19.4 Without prejudice to Softlink’s PDS’ other remedies at law Softlink PDS shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Softlink PDS shall, whether or not due for payment, become immediately payable if: (a) any money payable to Softlink PDS becomes overdue, or in Softlink’s PDS’ opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by SoftlinkPDS; (c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Samples: Service Agreement

Default and Consequences of Default. 19.1 21.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Softlink’s EAS’ sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 19.2 21.2 If the Client owes Softlink EAS any money the Client shall indemnify Softlink EAS from and against all costs and disbursements incurred by Softlink EAS in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Softlink’s EAS’ collection agency costs, and bank dishonour fees). 19.3 21.3 Further to any other rights or remedies Softlink EAS may have under this Contract, if a Client has made payment to SoftlinkEAS, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Softlink EAS under this clause 19 21, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 19.4 21.4 Without prejudice to Softlink’s EAS’ other remedies at law Softlink EAS shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Softlink EAS shall, whether or not due for payment, become immediately payable if: (a) any money payable to Softlink EAS becomes overdue, or in Softlink’s EAS’ opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by SoftlinkEAS; (c) the Client becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Samples: Contract

Default and Consequences of Default. 19.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at SoftlinkHSS’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 19.2 If the Client owes Softlink HSS any money the Client shall indemnify Softlink HSS from and against all costs and disbursements incurred by Softlink HSS in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, SoftlinkHSS’s collection agency costs, and bank dishonour fees). 19.3 Further to any other rights or remedies Softlink HSS may have under this Contract, if a Client has made payment to SoftlinkHSS, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Softlink HSS under this clause 19 19, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 19.4 Without prejudice to SoftlinkHSS’s other remedies at law Softlink HSS shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Softlink HSS shall, whether or not due for payment, become immediately payable if: (a) any money payable to Softlink HSS becomes overdue, or in SoftlinkHSS’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by SoftlinkHSS; (c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Samples: Contract

Default and Consequences of Default. 19.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Softlinkthe Supplier’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 19.2 If the Client owes Softlink the Supplier any money the Client shall indemnify Softlink the Supplier from and against all costs and disbursements incurred by Softlink the Supplier in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Softlinkthe Supplier’s collection agency costscontract default fee, and bank dishonour fees). 19.3 Further to any other rights or remedies Softlink the Supplier may have under this Contract, if a Client has made payment to Softlinkthe Supplier, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Softlink the Supplier under this clause 19 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 19.4 Without prejudice to Softlinkthe Supplier’s other remedies at law Softlink the Supplier shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Softlink the Supplier shall, whether or not due for payment, become immediately payable if: (a) any money payable to Softlink the Supplier becomes overdue, or in Softlinkthe Supplier’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by Softlink; (c) the Client becomes insolvent, convenes a meeting with its creditors or proposes Supplier; or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Samples: Contract

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!