Default and Indemnity. 8.1 If any of the events set out in Schedule 6 occurs, BoS may elect to treat the occurrence of that event (while the same is continuing unwaived) as an Event of Default and may by notice in writing to the Borrower:-
Default and Indemnity. 12.1. If the Buyer defaults in the due payment of any moneys payable to the Company, whether under this Agreement or otherwise, or if the Buyer is in default in the performance of its obligations under this Agreement or any other contract or any of the events referred to in clause 7.2 have occurred, the Company, without prejudice to any other right it has at law or in equity, may, at its option, suspend or terminate this Agreement, and payment for the Goods delivered and work performed up to the date of such suspension or termination any other moneys payable hereunder shall immediately become due and payable.
Default and Indemnity. 13. If either party is in default of any of its obligations under this Agreement, then the non-defaulting party must give written notice of such default to the defaulting party and the latter will have 10 business days in which to rectify the default, except in the case of an emergency the defaulting party will promptly rectify the default. If the default is not rectified within the 10 day period or promptly in the case of an emergency, then, and without limiting any other remedy which it may have, the non- defaulting party will have the right, but is not obligated, to remedy any such default. This may include taking any action necessary to cure the default and such things as may be incidental thereto. The defaulting party will reimburse the non-defaulting party for any expenses incurred by the non-defaulting party required to remedy the default. The non-defaulting party will not incur any liability to the defaulting party for any action or omission in the course of its remedying or attempting to remedy any such default unless such act amounts to intentional misconduct or gross negligence on the part of the non-defaulting party.
Default and Indemnity. (a) For the purposes of this Purchase Order a “Default Event” shall be one or more of the following:
Default and Indemnity. 6.1 The Company shall indemnify and keep indemnified the Member in respect of any and all costs, expenses, losses and other sums incurred by the Member as a result of any breach by the Company of its obligations under this Agreement.
Default and Indemnity. 0 ! /) %uyer de)aults in due ayment o) any monies ayable to Amcor, whether under this Agreement or otherwise, or i) %uyer is in de)xxxx in the er)ormance o) its obligations under this Agreement or any other contract, or i) any o) the e+ents re)erred to in clause 8 # ha+e occurred, without re,udice to any other right it has at law or in e*uity, Amcor may, at its o tion, sus end or terminate this Agreement, and ayment )or &oods deli+ered and wor. er)ormed u to the date o) sus ension or termination any other monies ayable hereunder shall immediately become due and ayable !0 # 3es ite section !5$ o) the AA-A and in addition to the rights contained in that section, %uyer a oints Amcor as its agent to enter u on remises where &oods are situated, to ta.e ossession o) and remo+e the same without being res onsible )or any damage thereby caused, and Amcor may resell any or all o) the &oods and a ly the roceeds in or towards ayment o) the urchase rice and all other monies owing to Amcor by %uyer %uyer shall indemni)y Amcor against all costs and ex enses (including legal )ees, trans ortation and storage charges) incurred by Amcor in connection with any de)xxxx made by %uyer under this Agreement Any sus ension o) this Agreement by Amcor shall not re+ent it terminating this Agreement during the eriod o) sus ension !0 0 Amcor may a oint a recei+er in res ect o) the &oods (including the roceeds o) the same) su lied to %uyer under this Agreement Any recei+er so a ointed may ta.e ossession o) the &oods and resell them and otherwise exercise all rights and owers con)erred on a recei+er by law !0 2 %uyer indemni)ies Amcor against any claim, loss, damage, liability, cost or ex ense that may be incurred or su))ered by Amcor arising )rom or in connection with any breach or de)xxxx by %uyer o) these Terms, any related order or contract, or a licable bribery and corru tion or com etition D antitrust laws !0 6 %uyer indemni)ies and holds Amcor harmless in res ect o) all damages, costs, claims, ex enses and liabilities whatsoe+er to which %uyer is sub,ect arising directly or indirectly out o) or in connection with sales made by %uyer to third arties, or any use (whether by %uyer or any other erson) o) &oods su lied
Default and Indemnity. The agreement will incorporate provisions for indemnity against a party’s breach. Where a party is in breach of their obligations then the other may serve notice requiring immediate action to remedy the breach within a reasonable period. If at any time Xxxxxxx fails for a continuous period of [12 months] to provide elements of the Shared Infrastructure in accordance with the finally agreed phasing programme which has not arisen as a result of force majeure or any other reason wholly outside Redlawn’s control which would entitle any contractor to an extension of time under the relevant construction contract then Redlawn shall immediately cease any further construction works for the residential units on any part of Redlawn’s own land until such time as the Shared Infrastructure works have been brought back into line with the agreed programme 16 Disputes and Deadlock The agreement is to contain dispute resolution provisions.
Default and Indemnity. 8.1 The defaulting party shall indemnify and hold harmless the non-defaulting party from and against any expenses or additional liabilities or obligations or any losses or damages, including, but not limited to lawyer’s fee and investigation expenses, caused by or arising from the defaults of the defaulting party.
Default and Indemnity. 6.1 Except as otherwise provided herein, where one Party fails to perform its obligations hereunder, the other Party may by written notice to the defaulting Party to request the defaulting Party to perform its obligations or to provide proper remedies to effectively and promptly avoid or minimize the losses and damages, and to resume its performance of this Agreement. In addition, the defaulting Party shall indemnify the Performing Party for all losses and damages incurred as a result of such default.
