Default by the Customer. The following shall constitute a default under this Contract:
(a) Failure of the Customer to make to the Authority when due any of the payments for which provision is made in this Contract.
(b) Failure of the Customer to perform any other obligation under this Contract for a period of sixty (60) days following receipt of written notice from the Authority to the Customer of such failure; provided, however, the Customer shall not be deemed in default under this subsection (b) if the Customer, after receipt of such notice, is proceeding with reasonable diligence to cure such failure.
Default by the Customer. A failure by the Customer to comply with the terms of this Agreement can only relieve the Supplier from complying with its obligations under this Agreement with effect from the date on which the Supplier notifies the Customer in writing and in reasonable detail of the Customer's failure and its effect or anticipated effect on the Works.
Default by the Customer. The securities are temporarily posted to the Account Holder’s securities account until SGSS collects the total net proceeds of the purchase. Failing payment within the stipulated time frame, in accordance with the applicable regulations, the securities remain fully owned by SGSS, as a guarantee of payment of the sums owed by the Account Holder. SGSS will sell the shares that were the subject of the buy order on the stock market within 15 business days after providing formal notice. The Account Holder remains liable to SGSS for all expenses, penalties or harm suffered as a result of the failure to pay the sums due within the required periods.
Default by the Customer. 6.1. A failure by the Customer to comply with the terms of this Agreement can only relieve Xxxxxx Consulting from complying with its obligations under this Agreement to the extent that such failure reasonably prevents Supplier from complying with its obligations and provided that Xxxxxx Consulting first notifies the Customer of the Customer's failure and its effect or anticipated effect on the Services in writing and Customer fails to rectify such failure within thirty (30) days.
Default by the Customer. (a) Late Payment by the Customer shall make all sums owing by Customer to DCI (whether already invoiced or not) on any account whatsoever immediately and automatically due and payable, without prejudice to DCI’s right to charge automatically and without prior Notification, the Interest Rate.
Default by the Customer. (a) Late Payment by the Customer shall make all sums owing by Customer to DCI (whether already invoiced or not) on any account whatsoever immediately and automatically due and payable, without prejudice to DCI’s right to charge automatically and without prior Notification, the Interest Rate.
(b) The Customer shall be liable for all costs, charges and other liabilities incurred by DCI as a result of the Late Payment. DCI is entitled to charge all costs of collection, including attorney's fees to the extent permitted by law, in addition to all other amounts due. For payments that do not take place on the due date, DCI reserves the right to levy a Charge in respect of such late payment.
(c) All payments from and any credits or refunds due to the Customer will be used to pay off: (i) any interest due; (ii) any unsecured portions of the debt; (iii) any secured portions of the debt; and finally
Default by the Customer. 5.1 If the Customer fails to meet any of the Dependencies set out in a Statement of Work, the Service Provider shall notify the Customer of its failure to meet such Dependency, and which Services and/or Milestones are affected by such failure.
5.2 If the Service Provider would have met the relevant Milestones or Service Levels, or would have provided the Services or Deliverables in accordance with the Statement of Work and/or this Agreement, but has failed to do so as a result of the Customer failing to meet a Dependency, the Service Provider shall have the relief set out in clause 5.3.
5.3 Provided that the Service Provider has given the Customer notice in accordance with clause 5.1, then:
5.3.1 the relevant Milestone Dates will be extended by a period of time equal to the time between the notice in 5.1 being received by the Customer and the relevant Dependency subsequently being met;
5.3.2 for the period of time equal to the time that the Customer failed to meet the relevant Dependency and such Dependency subsequently being met, the Service Provider will not be in default of this Agreement and/or the relevant Statement of Work, nor will it be liable for any failure to meet Milestones or Service Levels, or failure to provide the Services and/or Deliverables.
Default by the Customer a) If the Customer defaults in the due and punctual payment of its account with AC3, the Guarantor must pay that money on demand to, or as directed by, AC3.
b) If the Customer defaults in the due and punctual performance of any Guaranteed Obligation, the Guarantor must:
i. indemnify AC3 against all losses, liabilities and expenses (including legal expenses on a full indemnity basis) that AC3 incurs (directly or indirectly) as a result of that default; and
ii. pay the amount of those losses, liabilities and expenses on demand to, or as directed by, AC3.
Default by the Customer. (a) Late Payment by the Customer shall make all sums owing by Customer to WP (whether already invoiced or not) on any account whatsoever immediately and automatically due and payable, without prejudice to WP’s right to charge automatically and without prior Notification, the Interest Rate.
(b) The Customer shall be liable for all costs, charges and other liabilities incurred by WP as a result of the Late Payment. WP is entitled to charge all costs of collection, including attorney’s fees to the extent permitted by law, in addition to all other amounts due. For payments that do not take place on the due date, WP reserves the right to levy a Charge in respect of such late payment.
(c) All payments from and any credits or refunds due to the Customer will be used to pay off: (i) any interest due; (ii) any unsecured portions of the debt; (iii) any secured portions of the debt; and finally (iv) any other indebtedness to WP.
(d) WP may use, without prior Notification or demand, any or all of the security to set off or satisfy all or any part of any indebtedness or obligation of the Customer and/or any of the Customer’s Affiliates to WP, including indebtedness arising from purchases under this Agreement or from any other agreement concluded between Customer and/or any of the Customer’s Affiliates and WP.
(e) If a cash deposit has been made by the Customer and/or any of the Customer’s Affiliates then such deposit can be used, at WP’s sole discretion, as payment of Transactions which have been invoiced or not yet invoiced or in satisfaction of any other sums owed by Customer and/or any of the Customer’s Affiliates to WP.
Default by the Customer. 10.1 Should the Customer be in breach of any of the provisions of the Contract and fail to remedy such breach within seven (7) days after being required to do so, or should a judgment be granted against the Customer and remain unsatisfied for seven (7) days thereafter or should the estate of the Customer be surrendered or provisionally or finally sequestrated, or should the Customer be wound up, or should the Customer effect a general compromise with its creditors, or should the Customer do or suffer to be done any act or thing which may prejudice the Company's rights under this Contract, the Company shall be entitled notwithstanding any prior waiver and without prejudice to circumstances either, at its option:-
(i) Without terminating the Contract, to claim and recover the full balance of the purchase price and all other amounts owing to the Company by the Customer, all of which shall be deemed to be due owing and payable.
(ii) To terminate the Contract with immediate affect and to repossess the goods in which event the Company shall be entitled at its option to:-
(a) retain all monies paid by way of a penalty and a genuine pre-estimate of liquidated damages; or
(b) to claim such damages as it may sustain and to retain all payments made by the Customer pending determination of such damages on the basis that such payment will be settled against the damages when established.
(iii) Withhold delivery of any further goods or any instalment or instalments thereof.
(iv) Enter upon the Customer's premises and remove the goods which by virtue of Clause 7.3(iii) above are still its property.
