Default by Customer Sample Clauses
Default by Customer. Company reserves the right to terminate agreement without notice or refund if any of the following occur: Customer permits any person other than an employee or authorised representative of Company to perform service on customer’s equipment. Customer fails to keep account current in accordance with existing credit policy of Company. In such case, Company reserves the right to withhold service.
Default by Customer. Each of the following shall constitute a default by you under your Contract (each, a “Default”): (i) if you do not pay any undisputed Fees when due, and you do not cure your failure to pay within ten (10) days after receiving written notice from Astound regarding same; (ii) if you do not comply with any other material provision of your Contract, and you do not cure your non-compliance within thirty (30) days of receiving written notice from Astound regarding the breach; or (iii) if you file or initiate proceedings, or have proceedings initiated against you, seeking liquidation, reorganization or other relief (such as the appointment of a trustee, receiver, liquidator, custodian or other such official) under any bankruptcy, insolvency or other similar law, and the same is not dismissed within sixty (60) days.
Default by Customer. Each of the following shall constitute a default by you under your Agreement (each, a “Default”): (i) if you do not pay any undisputed Fees when due, and you do not cure your failure to pay within ten (10) days after receiving written notice from Astound regarding same; (ii) if you do not comply with any other material provision of your Agreement, and you do not cure your non-compliance within thirty
Default by Customer. 15.1 In the event of:
a) any default or failure by the Customer in making due and punctual payment to the Supplier of any moneys owing by the Customer:
b) an administrator, liquidator or provisional liquidator is appointed in respect of the Customer:
c) a receiver and manager, administrator or controller is appointed in respect of any assets or groups of assets of the Customer;
d) the Customer goes into bankruptcy or is wound up;
e) the Customer becomes, admits in writing that it is, or is declared by a court to be unable to pay its debts as and when they fall due;
f) there is a breach by the Customer of any of these Terms;
g) the Customer offers the Goods for sale through the internet on eBay or any like website or h) the Customer without the written approval of the Supplier sells Promotional Material, then all monies payable by the Customer to the Supplier shall become immediately due and payable notwithstanding the due date of payment shall not have expired, and the Supplier may, without prejudice to any other rights it may have, do any or all of the following:
(1) withdraw any credit facilities which may have been extended to the Customer;
(2) withhold any further deliveries of Goods;
(3) in respect of Goods with which property in and title to has not passed to the Customer and already delivered onto the Customer’s premises, enter onto those premises and recover and resell the Goods;
(4) recover from the Customer the cost of materials or Goods acquired for the purposes of future delivery;
(5) withdraw or cancel any discount, markdown, reduction or special price, previously offered by the Supplier to the Customer, and the Price shall become the Supplier’s standard Price as at the date of the original sale; and/or
(6) cease to supply Goods and/or Services to the Customer.
Default by Customer. 15.1 Customer will be in “Default” under this Agreement if: (a) Customer fails to perform any obligation under this Agreement; (b) a representation or warranty by Customer in connection with this Agreement was incorrect or misleading when made; (c) any petition in bankruptcy, insolvency, receivership, or reorganization or proceeding pursuant to any other debtor relief law is filed by or against Customer; (d) any order is entered appointing a receiver, custodian, trustee, liquidator, or any other person with similar authority over the assets of Customer; (e) there is an insolvency, dissolution, reorganization, or assignment for the benefit of creditors with respect to Customer, or any other material adverse change in the financial condition of Customer; (f) any adverse judgment, order or award is entered against Customer that has a material adverse impact on the financial condition of Customer or a detrimental effect on the ability of Customer to perform its obligations under this Agreement; (g) Customer is in default under any other agreement between Customer and Issuer or its affiliates; or (h) any event described in Section 15.1(a) through (g) occurs with respect to any Guarantor or any Guarantor repudiates or otherwise defaults in its obligations under a guaranty.
15.2 If Customer is in Default: (a) Customer will not have any further right to borrow under this Agreement; (b) Issuer may declare all outstanding amounts under the Account to be immediately due and payable; (c) Issuer may terminate this Agreement; and (d) Issuer will have the right to bring suit and exercise all rights and remedies available under applicable law. In addition, if Customer is in Default, Issuer may, in its sole discretion, suspend all services and obligations, shorten the billing cycle, and change the payment terms. A suspension of services or obligations will not be deemed a waiver of any right to terminate this Agreement, whether as a result of the Default to which such suspension of services or obligations relates or otherwise. Customer agrees to pay any and all costs (including reasonable attorneys’ fees) incurred by Issuer in enforcing Customer’s obligations under this Agreement.
Default by Customer. If Customer defaults on the payment of an outstanding account, such default will be considered a default in respect of all outstanding accounts, which will thus be considered due, notwithstanding any credit allowed.
Default by Customer. If the Customer fails to pay the rent specified in the Rental Contract when due, or becomes bankrupt or insolvent, or if a receiver is appointed to manage Customer’s affairs or if Customer breaches any provision of this Agreement, or if the Equipment is levied upon or becomes liable to seizure, WFWI may, at is option, terminate the Rental Contract without notice to the Customer. Upon termination WFWI may take possession of the Equipment without becoming liable for trespass and may recover all rent due for the term of the Rental Contract and all expenses incurred in retaking possession of the Equipment. WFWI may also claim any other amounts and damages owing pursuant to this Agreement including, without limitation, pursuant to paragraphs 9 and 16. In the event WFWI takes any legal steps to enforce terms of the Agreement, the Customer agrees to pay all reasonable legal fees and costs incurred by WFWI in connection with such action.
Default by Customer. If (i) Customer makes a general assignment for the benefit of its creditors, files a voluntary petition in bankruptcy or any petition or answer seeking, consenting to, or acquiescing in reorganization, arrangement, adjustment, composition, liquidation, dissolution or similar relief; (ii) an involuntary petition in bankruptcy or other insolvency protection against Customer is filed and not dismissed within sixty (60) days; (iii) Customer fails to make any payment required hereunder when due, and such failure continues for a period of five (5) business days after written notice from Xxxxx 0, or (iv) Customer fails to observe and perform any material term of this Agreement (other than payment terms) and such failure continues for a period of thirty (30) days after written notice from Level 3; then Level 3 may: (A) terminate this Agreement and any Customer Order, in whole or in part, in which event Level 3 shall have no further duties or obligations thereunder, and/or (B) subject to Section 5.1, pursue any remedies Level 3 may have under this Agreement, at law or in equity.
Default by Customer. 25.1. Each of the following occurrences constitutes an event of default:
25.1.1. the Customer breaches any term of these Sales Terms (including non-payment to Chevron when due), and fails to remedy that breach within seven (7) days of being given notice by Chevron to do so;
25.1.2. the Customer being a natural person, commits an act of bankruptcy within the meaning of Bankruptcy Law;
25.1.3. the Customer is insolvent within the meaning of the Corporations Act and/or is subject to a petition, order, or meeting called, for the Customer to be wound up, deregistered or dissolved;
25.1.4. a receiver or administrator under Part 5.3A of the Corporations Act is appointed to all or part of the Customer’s property;
25.1.5. the entering of a scheme of arrangement (other than for re-structuring) by the Customer for the benefit of creditors;
25.1.6. the Customer ceases or threatens to cease the carrying on its business.
Default by Customer. The occurrence of any one or more of the following events shall constitute a non-exclusive event of default (the "Event of Default") pursuant to the terms of this Agreement.
14.1.1 Customer fails to pay any amount when due;
14.1.2 Any representation by Customer is discovered to be materially misleading or inaccurate, or Customer fails to perform any material covenant, agreement, obligation, term or condition contained herein;
14.1.3 Customer terminates or cancels this Agreement or any portion thereof, except as expressly permitted in this Agreement;
14.1.4 Customer ceases to do business as a going concern, makes an assignment for the benefit of creditors, admits in writing its inability to pay debts as they become due, acquiesces in the appointment of a trustee, receiver or liquidator for it or any substantial part of its assets or properties, or executes an agreement to sell all or substantially all of its assets without obtaining the consent for assignment of this Agreement under Article 13.1.
14.1.5 Customer fails to secure and maintain Airlines Reporting Corporation ("ARC") accreditation for ticketing of reservations;
14.1.6 Events of Default described in 14.1.1, 14.1.2 and 14.1.4 shall not be cause for termination if Customer cures such failure within fifteen (15) days after date of written notice from TSG. If Customer cures its failure as provided in this provision, said failure shall not be considered to be an Event of Default for the purposes of Article 14.2.